ASPIRE DENTAL WELLNESS PLAN
TERMS AND CONDITIONS
The following terms and conditions (“Terms”) govern your enrollment and participation in a dental wellness plan (“Dental Wellness Plan”) being offered by an independent dentist or dental practice (“Dentist”) and your use of Aspire Dental Plan, LLC’s (together with its affiliates, successors, and assigns hereinafter referred to as “Aspire”) online platform (the “Platform”) to enroll in and administer your Dental Wellness Plan membership (the “Platform Services”), including the payment of your Dental Wellness Plan fees (the “Membership Fees”). These Terms and your enrollment in a Dental Wellness Plan constitute a binding agreement between you and Aspire (the “Agreement”). If you do not agree to these Terms, do not use the Platform to enroll in a Dental Wellness Plan.
THE DENTAL WELLNESS PLAN IS NOT AN INSURANCE PLAN AND IS NOT INTENDED TO REPLACE DENTAL INSURANCE. THE DENTAL WELLNESS PLAN IS NOT A QUALIFIED HEALTH PLAN UNDER THE AFFORDABLE CARE ACT OR A MEDICARE PRESCRIPTION DRUG PLAN. THE MEMBERSHIP FEE IS NOT AN INSURANCE PREMIUM. NEITHER THE DENTAL WELLNESS PLAN, THE DENTIST OFFERING THE DENTAL WELLNESS PLAN, NOR ASPIRE ARE LICENSED INSURERS, HEALTH MAINTENANCE ORGANIZATIONS, OR OTHER UNDERWRITERS OF HEALTH CARE SERVICES. ASPIRE DOES NOT OFFER OR PROVIDE ANY DENTAL WELLNESS PLANS, MAKE PAYMENTS FOR A DENTAL WELLNESS PLAN OR ANY MEMBERSHIP FEES, OR PROVIDE OR PAY FOR ANY DENTAL SERVICES.
- A. DENTAL WELLNESS PLANS: A Dental Wellness Plan is a membership program for prepaid dental services. Dental Wellness Plans provide a set of specified dental services (“Included Services”) to patients for no out-of-pocket fees other than the Membership Fee. In addition, the Dentist offering the Dental Wellness Plan may provide a discount for some or all of the Dentist’s services that are not Included Services (“Non-Included Services”). You must consult with the Dentist for the fees for such Non-Included Services. Aspire does not determine what services are considered Included Services, the amount of the Membership Fee, or any discount that may be applicable to Non-Included Services. The Dental Wellness Plan is not a dental insurance plan; it is a loyalty program between you and the Dentist. By enrolling in the Dental Wellness Plan and making payments required under the plan, you become eligible to receive the Included Services from the Dentist who offers the plan. To use the Dental Wellness Plan, simply contact your Dentist and identify yourself as a Member of their Dental Wellness Plan and schedule your appointment. As long as your Membership Fee payments are current, you will not be charged for the Included Services. You are obligated to pay your Dentist directly for any Non-Included Services that your Dentist provides to you, including any sales or use taxes imposed upon the services, in accordance with your Dentist’s payment policies. In addition to and without limiting the other terms and conditions contained herein, the following terms and conditions also apply to the Dental Wellness Plan:
- a. You must be current on all Membership Fees for the Dental Wellness Plan in order to receive any Included Services or discounts for any Non-Included Services;
- b. You may not combine a Dental Wellness Plan with any other discounts, discount plans, dental insurance (including Medicare, Medicaid, other forms of government insurance or assistance, and/or any private insurance plan or policy), or in-office promotion;
- c. It is possible that, during the course of treatment by a Dentist, he or she may discover a dental or health condition, such as periodontal disease, that may require further treatment – the costs associated with any further treatment are your responsibility;
- d. If you choose to utilize in-office financing offered by the Dentist, any discount that may be applicable to Non-Included Services may be reduced in order to offset financing costs borne by the Dentist;
- e. Discounts provided under the Dental Wellness Plan apply only to services provided by the Dentist and not products that the Dentist may sell or services rendered by a dentist other than the Dentist;
- f. Any late fees or missed-appointment fees that the Dentist may charge will still apply and will be your responsibility. You should contact the Dentist regarding any such fees or penalties.
- B. CHANGES TO THESE TERMS AND CONDITIONS: Aspire reserves the sole right at any time to modify, discontinue, or delete portions of these Terms. We will notify you of any material changes to these Terms by email to the email address that you have registered on the Platform. It is your responsibility to check your email periodically for changes to the Terms. If you do not agree with the new Terms, you must cancel your membership and stop using the Platform Services. Your continued use of the Platform, the Platform Services and/or the Dental Wellness Plan after any changes to these Terms constitutes your acceptance of the revised Terms and Conditions.
- C. MISCELLANEOUS: The Agreement set forth is the entire agreement between you and us pertaining to your participation in the Dental Wellness Plan and your use of the Platform and the Platform Services. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Our delay or failure to exercise any right or provision of these Agreement shall not constitute a waiver of such right or provision. This Agreement does not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor Aspire has the authority to bind the other under any contract, agreement, or otherwise. We shall not be liable for any failure to perform any of our obligations under this Agreement if the performance is prevented, hindered or delayed due to any cause beyond the reasonable control of Aspire including, without limitation, unavailability of any communication system, breach or virus in the processes, sabotage, fire, flood, explosion, acts of nature, civil commotion, riots, insurrection, war, acts of government, etc. Enrollment and membership in the Dental Wellness Plan is for your own personal benefit and may not be assigned or delegated by you to any other person. Your violation of this provision, in the discretion of Aspire, and/or your Dentist, may result in immediate termination of your Dental Wellness Plan membership for cause. Should you have any questions regarding your enrollment in or use of a Dental Wellness Plan, please email: email@example.com. Any written notices or inquiries should be addressed to Aspire as follows: Aspire Member Relations, 15660 Dallas Parkway, Suite 925, Dallas, Texas 75248. Any notices provided by Aspire to the Members of any Dental Wellness Plan offered by a Dentist through the Platform may be given by email to the email address you registered on the Platform. It is your responsibility to periodically check your email for such notices.
- D. LINKS TO OTHER WEBSITES, SOFTWARE, AND SERVICES: The Platform may contain links to third-party software, services or websites. We are not responsible for the content, accuracy or opinions expressed on such software, services or websites, and such software, services or websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any such software, services or websites on or through the Platform does not imply approval or endorsement of such software, services or websites by us. If you decide to leave the Platform and access such software, services or websites, you do so at your own risk.
- G. LIMITATIONS: Not all dental services are Included Services under the Dental Wellness Plan. Only those specifically listed by your Dentist as Included Services are provided by your Dentist at no additional charge to you. If you require any dental services that are not Included Services, you are responsible for paying your Dentist for those Non-Included Services at the rates established by your Dentist. You may also be subject to a Dentist’s late payment fee and other applicable office policies. Any disputes over the fees charged by dentists must be addressed directly with the Dentist. Use of the Platform requires compatible devices, internet access, a unique email address, and certain software; and may be affected by the performance of these factors. You agree that meeting these requirements, which may change from time to time, is your responsibility. We do not represent or guarantee you will be able to access the Platform at all times. Your selection of a Dentist is your responsibility and is not based on any representations made by Aspire. Aspire does not guarantee that any particular Dentist will continue to offer a Dental Wellness Plan for any period of time. In addition, Aspire reserves the right to change, modify or make substitutions in the Dentist List at any time, and from time to time, without notice. Such changes will be reflected on the Platform from time to time. Aspire will use commercially reasonable efforts to keep the Dentist List up to date such that only participating active Dentists are listed on the Platform. Aspire strongly recommends that you confirm that a Dentist on the Dentist List is currently a Dentist before you receive any services from that Dentist. By enrolling in the Dental Wellness Plan, you hereby give permission to Aspire and its affiliates to market and offer services to you that are unrelated to the Dental Wellness Plan.
- H. RENEWAL, CANCELLATION, AND RE-ENROLLMENT:Unless you cancel your enrollment in the Dental Wellness Plan as provided below, your Dental Wellness Plan membership will be automatically renewed at the end of the then-current term for which you are enrolled. For annual memberships, you will receive an email at least fourteen (14) days prior to the end of the then-current annual period notifying you of your upcoming auto-renewal. You have the right to cancel your membership in the Dental Wellness Plan at any time. However, you must contact your Dentist to cancel your membership – Aspire cannot, on your behalf, cancel your membership in your Dentist’s Dental Wellness Plan. Your Dentist may terminate your membership in the Dental Wellness Plan at any time for any reason, including for the non-payment of your Membership Fee, or for no reason. If a payment is not received when due, your Account will be placed into “late” status and your payment method will be retried at various intervals. If payment is not received in a timely manner, your Account and your membership in the Dental Wellness Plan will become “Inactive” and you will no longer be provided Included Services or discounts on any Non-Included Services. Likewise, if you cancel your enrollment at any time, your Account will become Inactive. If your Account becomes Inactive for any reason after the initial ninety-day enrollment period, as discussed below, you will be charged a ninety-nine dollar ($99.00) re-enrollment fee, in addition to any monthly or annual Membership Fees, to re-enroll in the Dental Wellness Plan.
- I. REFUNDS: We do not provide refunds except for the following three (3) situations:
- a. Member Cancellation during the initial one-hundred and eighty (180) day period. If you cancel your membership in the Dental Wellness Plan during the initial one-hundred and eighty (180) days following your enrollment (whether such payment is a monthly payment or an annual payment) your Dentist will provide a full refund of your paid Membership Fees. NOTWITHSTANDING THE FOREGOING, IF YOU HAVE RECEIVED ANY DENTAL SERVICES UNDER YOUR DENTAL MEMBERSHIP PLAN WITHIN THE FIRST ONE-HUNDRED AND EIGHTY (180) DAYS AND CANCEL YOUR MEMBERSHIP IN THE DENTAL MEMBERSHIP PLAN AFTER RECEIVING THOSE SERVICES, YOUR DENTIST WILL BILL YOU FOR THE SERVICES RENDERED TO YOU AT YOUR DENTIST’S THEN-CURRENT, NONDISCOUNTED UCR (USUAL AND CUSTOMARY RATES). PAYMENT IN FULL FOR ANY SERVICES RENDERED BY YOUR DENTIST DURING THIS PERIOD WILL BE REQUIRED PRIOR TO CANCELLATION OF YOUR MEMBERSHIP IN THE DENTAL MEMBERSHIP PLAN, AND THE ISSUANCE OF A REFUND.
- b. Billing error. In order to be considered a “billing error” you must provide sufficient written documentation to demonstrate the existence of a billing error and adequate proof of the amount paid due to such error.
- c. Dental Wellness Plan Termination. If your Dentist terminates your membership in a Dental Wellness Plan without your consent or permission, or ceases offering a Dental Wellness Plan, your Dentist will provide a pro rata refund to the payer on your Account.
- J. COMPLAINTS: You may submit any complaints regarding the Platform or a billing matter via the Platform or by certified mail, return receipt requested, to the address provided below; complaints over the telephone cannot be accepted. Aspire will use reasonable efforts to respond to your complaint, either by email or regular mail, within fourteen (14) days after it is received. Because Aspire is not responsible for the services provided by the Dentists, all complaints about the dental services provided by the Dentist, the fees you were charged, or any other dissatisfaction with a Dentist, must be addressed directly with the Dentist.
- K. LIMITATION OF LIABILITY. ALL SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE PLATFORM AND OUR PLATFORM SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ASPIRE AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT USE OF THE PLATFORM OR THE PLATFORM SERVICES WILL RESULT IN COMPLIANCE, FULFILLMENT OR CONFORMITY WITH THE LAWS, RULES, REGULATIONS, REQUIREMENTS OR GUIDELINES OF ANY GOVERNMENTAL AGENCY OR THAT THE PLATFORM OR PLATFORM SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO CERTAIN PROVISIONS OF THIS SECTION 8 MAY NOT APPLY TO YOU; HOWEVER, THEY APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF ASPIRE TO YOU, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY OR OTHER DUTY), MISREPRESENTATION, RESTITUTION, DELAY, FAILURE TO PERFORM, OR OTHERWISE HOWSOEVER ARISING IN RELATION TO THIS AGREEMENT SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000). ASPIRE MAKES NO REPRESENTATIONS REGARDING ANY DENTIST OFFERING A DENTAL MEMBERSHIP PLAN. DENTISTS ARE INDEPENDENT CONTRACTORS AND ARE NEITHER EMPLOYEES NOR AGENTS OF ASPIRE OR ITS AFFILIATES. ASPIRE CANNOT GUARANTEE THE CONTINUED PARTICIPATION OF ANY DENTIST IN THE DENTAL MEMBERSHIP PLAN. DENTISTS ARE SUBJECT TO CHANGE WITHOUT NOTICE AND IF A DENTIST LEAVES THE DENTAL MEMBERSHIP PLAN, AND YOU WISH TO CONTINUE PARTICIPATING IN A DENTAL MEMBERSHIP PLAN, YOU WILL NEED TO SELECT ANOTHER DENTIST. YOUR DENTIST IS SOLELY RESPONSIBLE FOR THE PROFESSIONAL ADVICE, TREATMENT AND CARE, AS WELL AS THE OVERALL QUALITY OF THE DENTAL SERVICES HE/SHE PROVIDES FOR YOU. NEITHER THE DENTAL MEMBERSHIP PLAN NOR ASPIRE MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY REGARDING ANY ASPECTS OF THE DENTAL SERVICES, OR THE QUALITY OR OUTCOME OF SUCH SERVICES FURNISHED BY DENTISTS. NEITHER THE DENTAL MEMBERSHIP PLAN NOR ASPIRE HAS ANY RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WITH REGARD TO ANY OF THESE MATTERS, AND YOU MUST ADDRESS ALL OF THEM SOLELY WITH THE DENTIST. ASPIRE DOES NOT PROVIDE DENTAL SERVICES OF ANY KIND. ACCORDINGLY, YOU, FOR YOURSELF AND FOR EACH OF YOUR FAMILY MEMBERS WHO YOU ENROLL IN A DENTAL MEMBERSHIP PLAN THROUGH THE PLATFORM, AS THE CASE MAY BE, HEREBY FOREVER RELEASE AND DISCHARGE ASPIRE AND ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS, EMPLOYEES, AND AFFILIATES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION, WHATSOEVER, THAT YOU OR SUCH FAMILY MEMBER MAY HAVE BY REASON OF ANY DAMAGE OR PERSONAL INJURY SUSTAINED AS A RESULT OF OR IN CONNECTION WITH ANY DENTAL SERVICES PROVIDED TO YOU OR YOUR FAMILY MEMBER BY A DENTIST. YOUR SOLE RECOURSE AGAINST ASPIRE SHALL BE CANCELLATION OF YOUR ENROLLMENT IN THE DENTAL MEMBERSHIP PLAN. IF YOU CANCEL YOUR ENROLLMENT IN THE DENTAL MEMBERSHIP PLAN, YOU MAY BE ELIGIBLE FOR A REFUND AS DESCRIBED HEREIN.
- L. INDEMNITY. You agree to indemnify and hold us and our directors, officers, agents, contractors, affiliates, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your participation in the Dental Wellness Plan or your access to or use of the Platform or the Platform Services. You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against us for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out your participation in the Dental Wellness Plan.
- M. GOVERNING LAW; ARBITRATION. The Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of those laws’ provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Dallas, Texas, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of Texas, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to the Agreement shall be brought and heard either in the Texas state courts located in Dallas, Texas, or the federal district court located in Dallas, Texas. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by first class mail, and shall be deemed effectively given upon receipt.