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Members Agreement
The following terms and conditions of this Member’s Agreement (“Agreement”) as well as the UNIVERSALDENTALPLAN.COM (“UDWS”) Terms of Use, Refund and Cancellation Policy, Privacy Policy and Member’s Home Page which are incorporated herein by reference as if fully set forth below, govern the dental plan or dental program (“Plan or “Program”) that you are purchasing through your submission of the enrollment form on the UDWS website. All Members subscribing to a Plan or Program should read this Agreement and the incorporated Terms of Use, Refund and Cancellation Policy, Privacy Policy and Member’s Home Page carefully and communicate any questions that may arise to a Universal Dental Plan Inc. ( “UDP”) Member Service Representative at:

By Phone:
Toll Free 24 hours a day – (800) 894-8984
Direct – (617) 859-1777
Fax – (617) 2859-1441

By U.S. Postal Mail:
Universal Dental Plan Inc.
Member Services
20 Park Plaza 4th floor
Boston, MA 02216

The following terms and conditions govern your (and, if applicable, your dependents) use of UDP’s web sites, and services.  By submitting your enrollment request form, you acknowledge that you have read and agreed to the following terms and conditions:
1. DESCRIPTION OF PROGRAM’S FEATURES
Each Member is entitled to receive discounts on specified services when using a participating provider (“Provider”) as set forth on the UDWS website Provider List. Members are entitled to receive certain dental services from Providers at predetermined rates and for a percentage discount off the Provider’s normal retail prices for such dental services. The dental provider listings on UNIVERSALDENTALPLAN.COM are provided directly from each dental Plan or Program, and the respective dental Plan or Program provides UniversalDentalPlans.com with updates on a monthly basis. Every effort has been made to ensure that only participating active providers are listed. We strongly recommend that you confirm that a provider is currently participating before you receive any services from that provider.

Other terms and conditions, the dental services eligible for discounts, and the discounted fees for the dental services included are listed in the Members Home Page and are subject to change, modification or substitution by the Member’s Plan or Program as updated by UNIVERSALDENTALPLAN.COM from time to time, and Members shall receive a reasonable notification of any such change, modification or substitution. Fees for services vary by region. In order to receive dental services at the discounted rate, a Member must present his/her Membership ID card to the Provider before dental services are rendered. Members must pay the Provider directly at the time of service unless otherwise agreed upon between Provider and Member.

If a Member wishes to confirm whether a Plan or Program discount is available for a particular dental service, or wishes to confirm the current fee for a particular dental service, he/she should first contact the Provider directly, and if any further assistance is necessary, a Member Service Representative at the toll-free number located above and/or on the Membership ID card.

 

Member’s Plan or Program provides Member access to a network of participating dentists who are independent practicing dentists. Participating providers are independent contractors in private practice and are neither employees nor agents of UDP and/or its parents, subsidiaries or affiliates. The availability of any particular provider cannot be guaranteed, and provider network composition is subject to change without notice. UDP does not provide medical, dental or any other treatment and is not responsible for the outcome of any procedure. All medical, dental and/or other health care is the responsibility of the treating provider, in consultation with the Member. Your selection of the provider is also the responsibility of the Member and is not based on any representations by UDP

The dentists and providers participating in the respective Plans and/or Programs have agreed to make certain services and supplies available to Members on a “Reduced Fee Service” basis. The term “Reduced Fee Service” means a service that is available to a Member at a discount from fees normally charged by the provider and for which the Member is solely financially responsible. Member understands that all payments to providers are due and payable at the time of service, unless another payment arrangement is mutually agreed upon between the Member and the treating provider. Members may be subject to the treating provider’s late payment and other office policies. In the event any of the terms and conditions hereof are violated by Member, Member’s participation in the Plan or Program may be terminated immediately.

2. MEMBERSHIP TERM
Once the initial fee for Membership in the Plan or Program (“Membership Fee”) and any enrollment, processing or other fee is paid and received, a Member will be entitled to all discounted dental services for the time period (“Membership Term”) that the Member selects at the time of purchase. The Member will receive a Plan or Program activation notice that will commence within 72 hours of the purchase and remain in force as long as Member continues to pay all of the required Membership Fees and otherwise complies with the terms of this Agreement. Members may select from Membership Terms offered at the time of activation which may include monthly or annual options. Member may change the Membership Term by calling Member Services before the new Membership Term at the number located on the Membership ID card or by logging into the Member’s account on our web site.

3. AUTOMATIC RENEWAL OF MEMBERSHIP TERM

YOUR MEMBERSHIP WILL BE AUTOMATICALLY RENEWED TWO (2) WEEKS PRIOR TO THE EXPIRATION DATE OF YOUR MEMBMBERSHIP TERM.

At the conclusion of your Membership Term, Membership in the Plan or Program will be renewed automatically unless the Member notifies UDP, either by telephoning a Member Services Representative at the number on the Membership ID card, logging into the Member’s account on our web site, or by providing written notification to UDP before the new Membership Term, that he/she wishes to cancel his/her Membership in the Program.

, In the event that your initial membership order is paid in the form of an electronic payment (credit card or electronic check for the withdrawal of funds from your checking account), the automatic renewal will also be charged to the same credit card or checking account provided with your initial membership order.

Members also must return  their Membership ID card to UDP before the new Membership term. If the Member either fails to notify UDP in writing that the Member is terminating the Membership and/or fails to return the Membership ID card as required herein, Membership in the Program will be renewed automatically and the Membership Fee for an additional term will be charged against the Member’s credit card or by debit to the Member’s checking account, as applicable. If the Member paid for the previous Membership by check, then he/she will be sent a bill for the Membership Fee. Should a Member have any questions concerning the program, or the continuation or cancellation of Membership, he/she should telephone a Member Services Representative at the number on the Membership ID Card.

4. CANCELLATION AND REFUND POLICY
If a Member wishes to cancel and/or terminate his/her Membership, the Member may do so only in accordance with the UDP Refund Policy then in effect in the member’s respective state of residence. To view the Refund Policy in effect in your respective resident state, please click on the link Refund and Cancellation Policy, enter your resident US Postal ZIP code, and view and read the applicable Refund Policy. The Refund and Cancellation Policy in effect in your resident state at the time of your purchase is hereby incorporated herein and made a part hereof by reference.

Any cancellation of Membership in the Plan or Program will not affect any dental services or discounts received by a canceling Member before the effective date of the cancellation.

5. COMPLAINT PROCEDURE
Any complaint regarding Plan or Program Membership should be directed to Member Services at the toll-free number on your ID card or in writing to the address shown above.

6. MEMBERSHIP PAYMENT/BILLING
Unless payment is made by check (other than a direct debit), payment of the initial Membership Fee and/or any renewal Membership Fee will be made automatically by a charge against the Member’s credit card or by a debit to the Member’s checking account (depending on the payment option authorized by the Member) for the full amount of the Membership Fee for the Membership Term. Members who chose to pay Membership Fees by a direct charge against the Member’s Credit card or by a direct debit to the Member’s checking account statement may not receive notice from UDP of a subscription payment due, rather the Member will be notified of the billing on his/her credit card or checking account statement. Each Member hereby authorizes UDP to bill and receive payment for the Membership Fee as set forth in the Agreement. UDP reserves the right to increase the Membership Fee for a future Membership Term, in which case the Member will be notified of the increased Membership Fee, which will be effective upon renewal of the Program Membership.

Checks returned as unpaid (NSF) will be assessed a $25.00 service charge. Past due accounts that are not brought current within 15 days of the e-mail notice are subject to suspension and possible account termination.

In the event that your discount plan benefits have not been used during the Membership Term, a full refund will be issued within the first 60 days following of the automatic renewal of your Membership Term. After 60 days, membership is subject to the cancellation policy detailed above. In the event that your initial membership order is paid via regular U.S. Mail in the form of a paper check or money order, it is the responsibility of the member to supply UDP with current payment information to process membership renewal. Payment options are limited to the following: credit card, electronic check withdrawal, or paper check or money order sent regular U.S. Mail.

In order for your membership to continue without interruption, your renewal payment must be received two (2) weeks prior to the expiration date identified in your order confirmation. In the event that UDP attempts to automatically renew your membership but is unable to do so due to the cancellation or inactivation of your credit card or other form of electronic payment, UDP will attempt to notify the member through the e-mail address on record. In all events, it is the responsibility of the member to ensure that UDP has received payment for membership renewal two (2) weeks prior to the expiration date identified in the order confirmation. UDP is not responsible and assumes no liability to any member for any member’s failure to provide UDP with current payment information for membership renewal.

7. MEMBER ACKNOWLEDGEMENTS
Membership in the Plan or Program and or Member’s rights or duties under this Agreement may not be assigned or delegated without the prior express written consent of UDP. Member agrees that he/she will use his/her Plan or Program Membership only for his/her personal benefit or for the benefit of his/her Family Members (if Family Program is elected). “Family Members” are defined by the specific Plan or Program chosen by the Member. A Member’s violation of this Paragraph may, at the discretion of UDP, result in immediate termination of the Plan or Program Membership. UDP bears no responsibility for the payment of or contribution to any use, sales or other tax that may be imposed on the dental services by any federal, state or other taxing authority. Payment of such taxes will remain the sole responsibility of the Member or the Provider of the dental services, as applicable. Member is responsible for paying Providers and/or vendors for all dental services rendered unless otherwise agreed upon by Member and Provider or vendor. UNIVERSAL DENTAL PLAN  INC in no way is responsible for the dental services provided by a Provider or vendor. The Program is not insurance and it may not reduce deductibles, co-payments or other out-of-pocket expenses for dental services that are covered by insurance.

8. DISCLAIMER OF WARRANTIES
UDP IS NOT A DENTIST, INSURER, MEDICAL OR DENTAL PROVIDER OF ANY KIND, MERCHANT, OR MANUFACTURER. UDP DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY SERVICES OR MERCHANDISE PURCHASED OR RECEIVED BY A MEMBER FROM A PROVIDER OR VENDOR THROUGH HIS/HER MEMBERSHIP IN THE PLAN OR PROGRAM. MEMBER SHOULD NOT RELY ON UDP’S SKILL OR JUDGEMENT IN SELECTING A PROVIDER OR VENDOR FOR THE SERVICES AVAILABLE TO MEMBERS. IN THE EVENT ANY PRODUCT OR SERVICE PURCHASED OR RECEIVED BY A MEMBER IS CANCELLED, MODIFIED, DEFECTIVE, OR OTHERWISE UNSATISFACTORY TO THE MEMBER, THE MEMBER WILL LOOK SOLELY TO THE DENTIST, PROVIDER, SELLER, MERCHANT, VENDOR OR MANUFACTURER OF THE PRODUCT OR DENTAL SERVICE FOR ANY REPAIR, EXCHANGE, REFUND OR SATISFACTION OF CLAIM.

Plans and Programs offered by UDP are not health insurance policies. Plans and Programs offered by UDP provide discounts at certain health care providers for DENTAL services. Plans and Programs offered by UDP do not make payments directly to the providers of medical services. The Plan or Program member is obligated to pay for all health care services but will receive a discount from those health care providers who have contracted with udp ..
9. GENERAL RELEASE
Member acknowledges and agrees that UDP is solely a service provider that links members to participating dentists and that UDP does not provide dental services of any kind.  Therefore, each Member, for himself/herself, and on behalf of any Family Member who uses the services under the Plan or Program Membership (“Membership Participant”), agrees that UDP shall have no liability whatsoever for the dental services that the participating dentist provide and hereby forever releases, acquits and discharges each of UDP and its employees, officers, directors, agents and affiliates from any and all liabilities, claims, demands, actions and causes of action that such Member, Membership Participant or Member’s legal representative(s) may have by reason of any damage or personal injury sustained as a result of or during the course of the use of any dental service. The sole recourse available to a Member, Membership Participant or Member’s legal representatives against UDP will be cancellation of the Program Membership as provided in Paragraph 4.

10. NOTICES:
Any notice, consent, approval, complaint, request or other written communication given or required under this Agreement must be sent by first class mail, postage prepaid, or by an overnight delivery service such as Fed Ex or United Parcel Service, and addressed to the Member, at the address shown in UNIVERSALDENTALPLAN.COM’s records, or from the Member to UDP, at:

Universal Dental Plan, Inc.

20 Park Plaza  4th floor

Boston, MA 02216
11. ENTIRE AGREEMENT:
This Agreement, along with the Terms of Use, Refund and Cancellation Policy, Privacy Policy and Member’s Home Page which are hereby incorporated by reference, set forth the entire agreement and understanding between the parties with regard to Member’s Membership in the Plan or Program and constitutes a final, complete and exclusive statement of the terms of the agreement between the parties with respect to Member’s Membership in the Plan or Program. Any other representation, inducement, promise or agreement shall be of no force or effect.

12. VALIDITY AND ENFORCEABILITY:
The validity or unenforceability of any term of this Agreement will in no way affect the validity or enforceability of any other term of this Agreement.

13. GOVERNING LAW:
This Agreement will be governed and construed in accordance with the laws of the State of Massachussetts regardless of any application or principles regarding conflicts of laws.

14. HEADINGS:
The headings or captions provided throughout this Agreement are for reference purposes only and will in no way affect the meaning or interpretation of this Agreement.

15. AMENDMENT:
Except as otherwise set forth in the UDWS website Terms of Use, this Agreement may only be amended in a writing signed or otherwise electronically acknowledged by the parties.

16. WAIVER OF BREACH:
A waiver by UDP of a breach of any provision of this Agreement will not be deemed a waiver by UDP of any other breach of the same or different provision.

Universal Dental Plan is not dental insurance. This plan does not meet minimum creditable coverage requirements under Massachusetts Law. The plan provides discounts at specific dental providers for dental services. The plan does not make payments directly to the providers of dental services. Plan members are obligated to pay for all dental care services but will receive a discount from those dental care providers who have contracted with the discount dental plan organization. The range of discounts will vary depending on the services provided. For questions concerning the Plan, including a list of network providers, please contact Universal Dental Plan: 20 Park Plaza 4th Floor, Boston, MA 02116. 1-800-894-8984, www.universaldentalplan.com, info@universaldentalplan.com.