TERMS AND CONDITIONS OF USE

www.mydentalcareplus.com (the “Website”) is owned and operated by Dental Care Plus, Inc. (“DCP”), and all information provided on this Website is the property of DCP and protected by copyright. The use of this Website is governed by the Terms and Conditions (the “Terms”) set forth below. Please read them carefully. Your use of this Website indicates your acceptance of these Terms. Your completion of an enrollment application to purchase one of the dental plans or other benefits products sold through this Website (collectively “Dental Plans”) also indicates acceptance of these Terms. DCP reserves the right to make changes to this Website and these Terms at any time. If you have questions regarding these Terms, or feel that DCP is not abiding by these Terms, please contact us at memberservices@dentalcareplus.com.

You may access and use the Website to view information on Dental Plans, and to submit information relating to you or your dependents’ purchase of a Dental Plan as expressly authorized by DCP, or to access other services or information provided or offered by DCP or its service providers through the Website, if any and as applicable. You agree not to access or use the Website for any other purpose including, without limitation, any purpose that is prohibited by these Terms or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website. DCP may, in its sole discretion, terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Website is terminated, you will not thereafter access, or attempt to access, the Website, directly or indirectly, and (b) if your authorization to access the Website is suspended, you will not thereafter access, or attempt to access, the Website, directly or indirectly, until your suspension is removed and we give you express notice thereof.

You may be asked to enter personal information such as email address, name, address, and phone number (“Personally Identifiable Information”). Personally Identifiable Information is collected both to confirm each registrant is unique and to give DCP the information required to contact you as needed. DCP may use your Personally Identifiable Information internally as needed to evaluate and improve the Website and the services provided by DCP. DCP may also use your Personally Identifiable Information as directed by you. When necessary, DCP may provide your Personally Identifiable Information to approved vendors for their use in assisting us with the maintenance and operation of the Website. DCP employs commercially reasonable security measures consistent with standard industry practice to safeguard your Personally Identifiable Information and other information collected through the Website. We have also established internal policies and procedures to limit access to your Personally Identifiable Information to only those employees who need the information to perform a specific job.

We are required to protect certain information under the standards of the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act (“HIPAA Protected Health Information”). We use, disclose, and protect such HIPAA Protected Health Information in accordance with our Notice of Privacy Practices. Please review our Notice of Privacy Practices, which also governs your visit to the Website to the extent applicable, to understand our practices.

Information you submit in connection with the submission of an application for coverage under a Dental Plan will be treated by DCP as confidential. You are only permitted to submit an application on your own behalf, or on behalf of a dependent for whom you are legally authorized to act.

You may not in the course of completing an application and submitting it to DCP or in otherwise using the Website:

Communicate material that is copyrighted, without the permission of the copyright owner;
Communicate material that reveals trade secrets, unless you have permission of the owner;
Communicate material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
Communicate material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;
Communicate false or inaccurate information;
Impersonate another person; or
Violate the Children’s Online Privacy Protection Act

The price displayed for the plan selected will be the monthly premium collected from the banking or credit card account submitted as part of enrollment verification. The first month’s premium will be collected at time of successful enrollment. A monthly automated collection, of the selected plan premium, will occur on the 19th of each month thereafter, unless you cancel the plan. You will not receive monthly invoices.

Your right to terminate or cancel a Dental Plan, and your right to a refund of premium paid, may differ depending on the Dental Plan you select. Each Dental Plan has specific termination provisions and addresses when you may be entitled to cancel the Dental Plan, and when and if you may be entitled to a refund of any premium paid. Please refer to the Termination and Cancellation provisions of the Dental Plan you selected for your right to cancel or terminate the Dental Plan, and for any right to a refund of premium you have paid.

YOU HAVE THE RIGHT TO RESCIND THIS COVERAGE BY NOTIFYING US OF YOUR INTENT TO RESCIND THIS DENTAL PLAN IN WRITING, NO LATER THAN MIDNIGHT OF THE TENTH (10th) DAY AFTER THE EFFECTIVE DATE. NO REASON NEEDS TO BE STATED FOR THE RESCISSION. IF YOU NOTIFY US OF YOUR INTENT TO RESCIND THE DENTAL PLAN, THE DENTAL PLAN WILL BE VOID AS OF THE EFFECTIVE DATE, AND ANY DENTAL PREMIUM PAID BY YOU WILL BE REFUNDED TO YOU, AND YOU WILL NOT BE ENTITLED TO ANY BENEFITS UNDER THE PLAN.

INFORMATION PROVIDED THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF THE WEBSITE. WE DISCLAIM ALL WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IF YOU ARE DISSATISIFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE.

WE ATTEMPT TO PROVIDE ACCURATE INFORMATION REGARDING INSURANCE PRODUCTS AND SERVICES; HOWEVER, WE CAN MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THIS INFORMATION. AVAILABILITY OF PRODUCTS OR SERVICES MAY VARY BY STATE AND MAY NOT BE AVAILABLE TO YOU. DCP IS NOT LICENSED TO PROVIDE INSURANCE PRODUCTS IN ALL STATES.

WE MAKE NO REPRESENTATION, EITHER EXPRESS OR IMPLIED, OF ANY SPONSORSHIP BY ANY COMPANY MENTIONED ON THIS WEBSITE, OR OF ANY OTHER RELATIONSHIP WITH ANY SUCH COMPANY. WE WILL MAKE NO GUARANTEE, EXPRESSED OR IMPLIED, THAT A USER WILL BE ABLE TO OBTAIN A QUOTE FROM ANY PARTICULAR COMPANY OR PROVIDER MENTIONED ON THIS WEBSITE.

WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DCP ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE WEBSITE.

IN NO EVENT SHALL DCP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO DCP FOR THE 12 MONTHS PRIOR TO THE ALLEGED ACT CAUSING DAMAGES.

NOTWITHSTANDING THE FOREGOING, SOME OF THE EXCLUSIONS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW IT.

From time to time we will provide links to other websites, not owned or controlled by DCP. We do this because we think this information might be of interest or use to you or can provide you with value added services. While we protect your Personally Identifiable Information and HIPAA Protected Health Information as set forth above, you acknowledge and agree that DCP is not responsible for the privacy practices of the other sites. A link to a non-DCP website does not constitute or imply endorsement by DCP. Additionally, we cannot guarantee the quality or accuracy of information presented on non-DCP websites. We encourage you to review the privacy practices of any website you visit.

Anyone linking to the Website must comply with all applicable laws, the following guidelines and these Terms. A third party site may link to the Website, but may not replicate any content contained herein. In addition, any third party site that links to the Website may not:

create a border or browser environment around Website content,
imply that DCP is endorsing it or its products,
misrepresent its relationship with DCP,
present false information about DCP, its products or services,
use the DCP logo or name or phrase without prior written permission from DCP, or
contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups.

The Website will generally be available for use except when scheduled maintenance occurs. These scheduled maintenance windows will be planned outside normal business hours (7:00 am – 5:00 pm EST Monday - Friday).

This Website is owned and operated by Dental Care Plus, Inc. Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of DCP, and copyrighted, with ALL RIGHTS RESERVED. No materials from this Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without DCP’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

The information collected through and contained on the Website (the “Information”) may be considered a trade secret of DCP and is otherwise the property of DCP. As the owner of the Information, DCP may disclose, transfer or sell any Information as an asset of the company in conjunction with due diligence for or completion of a merger, reorganization or sale to a third party of DCP or in conjunction with a sale of any portion of DCP’s assets. Although such an event is not currently anticipated, changes to these Terms may result from changes in DCP’s status.

In case of any inconsistency between these English language Terms and Conditions of Use and their translation into another language, this English language version controls.

DCP operates the Website within the United States of America, and these Terms are governed by the laws of the United States of America and the State of Ohio, without giving effect to the conflict of law provisions thereof and expressly excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. You agree that any legal action arising out of or relating in any way to the Website will be brought exclusively in the Federal or State courts located in Hamilton County, Ohio, and you irrevocably agree to submit to the jurisdiction of such courts. Further, you agree to indemnify, defend and hold harmless DCP and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Website. If any provision of these Terms shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from the remainder of the Terms and shall not affect the validity and enforceability of any remaining provisions.

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Cincinnati, Ohio, unless otherwise agreed upon by DCP. The arbitration shall be administered by a 3-person arbitration panel. Each party shall select an arbitrator and they shall select the third who shall chair the panel. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Nothing in this paragraph shall be deemed as preventing DCP from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

If any provision of the Terms is found by a court of competent jurisdiction or arbitrator or arbitration panel to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the Terms shall remain in full force and effect.

If any action at law or in equity is necessary to enforce these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAKE AGAINST DCP ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS DCP AGREES OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

YOU FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DCP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION.

DCP reserves the right to change, amend, adjust, add to or delete from these Terms as stated here from time to time, as necessary and without notice. DCP advises that you check the Website frequently to obtain updates, and you expressly agree to be bound by any such updates.