Terms of Use

Thanks for using OKDentalPlans.com and our associated websites, mobile applications, and software tools (collectively, the "OKDentalPlans Services"). OKDentalPlans (www.OKDentalPlans.com) provides services, including the OKDentalPlans Services, to healthcare and other service providers (Providers), enabling them to offer services to their patients. By using OKDentalPlans Services you agree to the terms, conditions, and notices contained herein and our Privacy Policy (collectively, the "Terms"). These Terms are between you and OKDentalPlans, LLC and its affiliates ("OKDentalPlans" or "Us" or "We"). Please read the Terms carefully before you start to use the OKDentalPlans Services. If you do not agree with these Terms, please do not access or use the OKDentalPlans Services.

We may modify these Terms or add additional terms from time to time to reflect, for instance, a change to the OKDentalPlans Services or a change to the law. You should review the Terms regularly. Any changes to the Terms will be effective immediately upon being posted to the OKDentalPlans Services. Continued use of the OKDentalPlans Services after any changes to the Terms shall constitute your consent to such changes.

TABLE OF CONTENTS

  1. Nature of Services
  2. User Rights, Obligations and Restrictions
  3. Disclosures
  4. Disclaimers
  5. Termination by Us
  6. Jurisdiction, Applicable Law and Mandatory Arbitration
  7. Assignment
  8. Contact Us

1. NATURE OF SERVICES

OKDentalPlans provides a software platform that enables Providers to offer their services directly to consumers and for consumers to purchase services directly from Providers. OKDentalPlans DOES NOT PROVIDE MEDICAL, DENTAL, OR HEALTH RELATED SERVICES AND DOES NOT PROVIDE INSURANCE OF ANY TYPE.

2. USER RIGHTS, OBLIGATIONS AND RESTRICTIONS

3. DISCLOSURES

Here is some important information to consider when purchasing a Membership Plan through the OKDentalPlans Services:

4. DISCLAIMERS

NO WARRANTY: ALL CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OKDENTALPLANS AND/OR ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE OKDENTALPLANS SERVICES FOR ANY PURPOSE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OKDENTALPLANS AND/OR ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OKDENTALPLANS EXPRESSLY DISAVOWS ANY WARRANTY OR GUARANTEE OF ANY KIND ON THE TITLE OR QUALITY OF ANY OKDENTALPLANS SERVICE OR PROVIDER SERVICE PURCHASED OR OTHERWISE OBTAINED FROM THE OKDENTALPLANS SERVICES.

INDEMNIFICATION: ANY CONTENT OR SERVICES OBTAINED FROM THE OKDENTALPLANS SERVICES IN ANY MANNER WHATSOEVER ARE DONE AT YOUR OWN RISK. YOU HEREBY AGREE TO FULLY INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITY THAT MAY ARISE AS A RESULT OF ANY TRANSACTION OCCURRING BECAUSE OF YOUR USE OF THE OKDENTALPLANS SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LIABILITY OR CAUSE OF ACTION WHICH RESULTS FROM OUR NEGLIGENCE, GROSS NEGLIGENCE, OR RECKLESSNESS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ADDITIONALLY, THIS LIABILITY WAIVER AND INDEMNITY PARAGRAPH CONTAINS AND LIMITS ANY LIABILITY OF OURS ARISING FROM ANY STRICT LIABILITY OR INTENTIONAL TORT WE CAUSE, EITHER PROXIMATELY OR OTHERWISE, TO ANYONE.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL OKDENTALPLANS AND/OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OKDENTALPLANS, WITH THE DELAY OR INABILITY TO USE OKDENTALPLANS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH OKDENTALPLANS, OR OTHERWISE ARISING OUT OF THE USE OF OKDENTALPLANS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF OKDENTALPLANS OR ANY OF ITS SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OKDENTALPLANS SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OKDENTALPLANS SERVICES.

System Outages, Slowdowns, and Capacity Limitations: At times you may experience difficulty accessing the OKDentalPlans Services or communicating with OKDentalPlans through the internet or other electronic services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an internet service provider's, or OKDentalPlans's, can experience unanticipated outages or slowdowns or have capacity limitations. OKDentalPlans makes no warranty whatsoever to you, express or implied, regarding the availability of the internet or cell or data service.

Protecting Your Devices and OKDentalPlans Account: OKDentalPlans makes no warranty whatsoever to you, express or implied, regarding the security of the OKDentalPlans Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the OKDentalPlans Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. OKDentalPlans is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.

5. TERMINATION BY US

We may terminate your OKDentalPlans Account at our discretion without notice. If we do so, your Provider at their discretion may fulfill the services that you purchased or give you a prorated refund based on the number of months remaining on your Provider services. However, your Provider will not be obligated to provide any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the OKDentalPlans Services, or is harmful to our interests, a Provider's interests, or another User. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

6. JURISDICTION, APPLICABLE LAW AND MANDATORY ARBITRATION

Choice of Law: Except as set forth in the Mandatory Arbitration provision below, this agreement is governed by the laws of the State of California, and if for any reason a claim or dispute is not arbitrated, you hereby consent to the exclusive jurisdiction and venue of courts in Philadelphia County for all disputes arising out of or relating to the use of the OKDentalPlans Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OKDentalPlans as a result of your use of OKDentalPlans Services. OKDentalPlans's performance is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of OKDentalPlans's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of OKDentalPlans Services or information provided to or gathered by OKDentalPlans with respect to such use.

Mandatory Arbitration; Jury Trial and Class Action Waiver: The parties agree that any dispute, controversy or claim arising from or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, your access to or use of OKDentalPlans Services at any time, whether before or after the date you agreed to the Terms, the relationships resulting from any of the foregoing, or the arbitrability of any claim or dispute, must be resolved by binding arbitration, and not by a judge or jury in a court of law. However, you and OKDentalPlans each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. If the AAA is unable to serve and the parties cannot agree on a replacement, a court with jurisdiction will select the administrator or arbitrator. The Federal Arbitration Act ("FAA"), 9 U.S.C. $sect; 1, et seq., governs the interpretation and enforcement of this provision. The parties knowingly and voluntarily waive any right (a) to a trial by judge or jury, (b) to participate in a class action or other representative action in court or in class-wide arbitration, whether as a class representative, class member, private attorney general or otherwise, or (c) to join or consolidate claims in arbitration. If a determination is made that the class action waiver is invalid or unenforceable, only this sentence of this arbitration provision will remain in force and the remainder of this arbitration provision shall be null and void, provided that the determination concerning the class action waiver shall be subject to appeal. This arbitration provision shall survive any assignment, cancellation or termination or the bankruptcy of any party. The arbitrator's decision will be final and binding, except for any appeal rights under the FAA. In the event of any conflict between this arbitration provision and the Terms or the AAA rules, this arbitration provision will govern.

Severability: Except as set forth in the Mandatory Arbitration provision above, if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Whole Agreement: Unless otherwise specified herein, these Terms constitute the entire agreement between the User and OKDentalPlans with respect to OKDentalPlans and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and OKDentalPlans with respect to OKDentalPlans. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents are drawn up in English.

7. ASSIGNMENT

These Terms may be assigned by us, without your consent, to (i) a parent or subsidiary; (ii) an acquirer of OKDentalPlans or any of its assets; or (iii) a successor by merger.

8. CONTACT US

If you have any questions or concerns, please contact us by email at info@OKDentalPlans.com or by phone at (818) 276-6125.

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