Assure Dental - Discount Dental Plan. Let us save you hundreds on your dental bills!

Assure Dental℠ Terms of Service

Terms And Conditions

Effective March 1, 2009

ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms and Conditions" or
"Agreement") apply to all: (a) transactions between you and Assure
Dental LLC all transactions through the www.assuredentalplan.com
website, including, but not limited to, your purchase of the
membership based products known as Assure Dental Discount Plan
(either Single, Double, or Family) and American Eyes Discount Vision
Plan (Single or Family Plan) (collectively, the "Products"); and (b)
your access to and use of the websites located at www.
assuredentalplan.com (the "Product Websites"); and (c) your access
to and use of any participating providers of Assure Dental LLC,
resources, text, pictures, graphics, logos, button items, icons, images,
works of authorship and other information and all revisions,
modifications, and enhancements thereto (the "Content").

YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS,
PRODUCT WEBSITES AND CONTENT ARE SUBJECT TO ALL
TERMS AND CONDITIONS CONTAINED HEREIN AND ALL
APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF,
ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS,
PRODUCT WEBSITES AND/OR CONTENT CONSTITUTES YOUR
AGREEMENT TO ABIDE BY EACH OF THE TERMS AND
CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH
ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE
OR ACCESS ANY PRODUCT, PRODUCT WEBSITE OR CONTENT,
OR ANY OF THE INFORMATION WITHIN THE PRODUCT,
PRODUCT WEBSITE, OR CONTENT, DO NOT PROVIDE ANY
PAYMENT EITHER VIA THIS WEBSITE, PAYPAL OR BY MAIL TO
ASSURE DENTAL LLC. RECEIVED PAYMENT IS CONSIDERED
AGREEMENT TO THESE TERMS.

This Agreement may be updated from time to time. Online customers
should check the Product Websites regularly for updates to these
Terms and Conditions. Each time you order, access or use any of the
Products, Product Websites, and/or Content, you signify your
acceptance and agreement, without limitation or qualification, to be
bound by the then current Agreement.

USE OF THE PRODUCTS
In consideration of your order of, access to, and/or use of any Product,
Product Website, and/or Content you agree to provide true, accurate,
complete and current information about yourself and any others you
are enrolling, or have enrolled, in any Product, when prompted to do
so by the registration and application forms or requested to do so by
Assure Dental LLC. By registering, you certify that you are eighteen
(18) years of age or older. If any information you provide is untrue,
inaccurate or not current, or if Assure Dental LLC has reasonable
grounds to suspect that such information is untrue, inaccurate or not
current, Assure Dental LLC, at its sole discretion, has the right to
suspend or terminate your order of, use of, and/or access to, any
Product, Product Website and/or Content, and refuse all current or
future orders of, use of, and/or access to, any Product, Product
Website and/or Content, or suspend or terminate any portion thereof.
Further, you agree that Assure Dental LLC will not be liable to you,
your minor children or any third party if Assure Dental LLC suspends
or terminates your order of, use of, or access to any Product, Product
Websites or Content, or any portion thereof, for any reason.

You understand and agree that by submitting your order you are
providing "written agreement" to process charges associated with the
Product to which you have registered and accept renewal of that
charge 1 year from intial registration date. You understand that the
annual charge will continue until you written notification is received
stating you wish to cancel your registration.
ANY CANCELLATION OF SUBSCRIPTION MUST BE MADE 30
DAYS PRIOR TO THE END OF THE ANNUAL TERM.

ARBITRATION
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES
OR CONTROVERSIES BETWEEN YOU (OR ANY OF YOUR MINOR
CHILDREN) AND ASSURE DENTAL, AND ITS PARENTS,
AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES,
INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT
CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR
LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION,
AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY
FINAL AND BINDING ARBITRATION AT A LOCATION
DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY
CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE
DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT.
JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR
MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING
JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS
MADE PURSUANT TO A TRANSACTION IN INTERSTATE
COMMERCE AND ITS INTERPRETATION, APPLICATION,
ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE
GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").
NEITHER YOU (NOR ANY OF YOUR MINOR CHILDREN) NOR
ASSURE DENTAL LLC SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST
OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A
REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY
AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY
TRIAL.

MODIFICATION OF PRODUCTS
ASSURE DENTAL LLC may, at its discretion, modify or discontinue
any of the Products, Product Websites or Content, or any portion
thereof, with or without notice. You agree that ASSURE DENTAL
LLC will not be liable to you, your minor children or any third party
for any modification or discontinuance of any of the Products, Product
Websites or Content.

NOTICE OF PROSECUTION
Unauthorized individuals attempting to unlawfully access, manipulate,
copy or destroy any areas of the Product Websites may be subject to
prosecution.

SECURITY MEASURES AND
AUTHENTICATION
ASSURE DENTAL LLC may not always be able to successfully provide
Products to you. For example, for certain online Products, when the
system is unable to verify your identity, you may be routed through a
manual authentication process.

PERSONAL INFORMATION
ASSURE DENTAL LLC may use your personal information to the
extent necessary to process your order and/or engage in business
maintenance.

REVIEW AND RECEIPT OF PRIVACY NOTICE
By submitting your order, you acknowledge receipt of these Terms of
Service and agree to these terms.

ON-LINE REQUIREMENTS
You must have an email address and a Java-compatible browser such
as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher,
or AOL 8.0 or higher and be willing to create a PayPal Username and
Password to receive your Products online.

NO WARRANTY BY ASSURE DENTAL LLC
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE PRODUCTS, PRODUCT WEBSITES AND CONTENT IS AT
YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES AND
CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE"
BASIS. ASSURE DENTAL LLC AND ITS PARTICIPATING
PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES,
GUARANTEES AND CONDITIONS OF ANY KIND WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE
INFORMATION CONTAINED IN THE PRODUCTS, PRODUCT
WEBSITES, CONTENT OR OTHER MATERIALS YOU MAY
RECEIVE FROM ASSURE DENTAL LLC DO NOT CONSTITUTE
LEGAL, ASSURE DENTAL LLC MAKES NO WARRANTY THAT (I)
THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY,
UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR
CONTENT WILL BE RELIABLE.

LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ASSURE DENTAL LLC
WILL NOT BE LIABLE TO YOU (OR ANY OF YOUR MINOR
CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR
ACCESS TO, USE, OR INABILITY TO USE THE PRODUCTS,
PRODUCT WEBSITES, CONTENT OR MEMBERSHIP BENEFITS, OR
FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR
RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN
IF ASSURE DENTAL LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS
EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE
EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES
OF AGREEMENTS; FOR THESE JURISDICTIONS, THE
AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO
THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF,
NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON
ASSURE DENTAL LLC, THEN YOU AGREE THAT ASSURE DENTAL
LLC'S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR
CHILDREN) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES
(OR THOSE OF YOUR MINOR CHILDREN) FROM ASSURE
DENTAL LLC'S ACTS OR OMISSIONS, REGARDLESS OF THE
NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT
EXCEED THE AMOUNT PAID BY YOU TO ASSURE DENTAL LLC
FOR THE PRODUCT(S) YOU PURCHASE FROM ASSURE DENTAL
LLC .

REGISTERING FOR ANY PRODUCT
To purchase any Product, you must have an address within the United
States, provide a valid address, email address and agree to be bound
by these Terms and Conditions. In other limited circumstances, you
may need to provide a valid telephone number so that ASSURE
DENTAL LLC can process your order. You must provide valid credit
card information. ASSURE DENTAL LLC will then evaluate your
complete registration information.

Your membership in any Product provided by ASSURE DENTAL LLC
is effective for the period covered by your membership fee and
continues upon your payment of the annual renewal fee. Renewal fees
for your membership will automatically be charged, at the then
current rate, to the credit card or other billing source authorized by
you, on the first day of each successive membership term, until you
cancel your membership. Should you choose to discontinue your
membership for any reason before expiration of the then applicable
membership term for which you have paid, you may cancel your
membership and terminate further billing by contacting ASSURE
DENTAL LLC in writing to:

Assure Dental LLC
P.O. Box 505
Oakhurst, NJ 07755

or by email to:
contact@assuredentalplan.com

Because of the nature of this service cancellation of this service
beyond 5 business days cannot be accepted. If cancellation is
requested, you will be responsible for the non-discounted dental fees
incurred at any participating provider during the time of
membership. Any cancellation of membership beyond 5 business days
cannot be accepted for the protection of the participating providers.

ASSURE DENTAL LLC reserves the right to change the membership
fee for any renewal term to be effective upon the renewal of your
membership.

BILLING
The annual fee for membership will be billed immediately to the credit
card or other billing source authorized by you. Automatic renewal of
your membership will proceed unless written notification is received
prior to renewal as stated above.

ASSURE DENTAL LLC is not obligated or responsible for providing
Assistance for any request based on (a) an act of fraud, deceit,
collusion, dishonesty or criminal act by you or any person acting in
concert with you, or by any authorized representative of you, whether
acting alone or in collusion with you or others, (b) authorized charges
that you have disputed based on the quality of goods or services, (c)
authorized account transactions or trades that you have disputed, or
are disputing, based on the execution (or non-execution) of electronic
transfers, trades or other verbal or written instructions or directions,
(d) losses, damages or expenses arising out of any business pursuits,
(e) losses, damages or expenses that were incurred or commenced
prior to the membership, or (f) theft or damages of traveler's checks,
tickets of any kind, negotiable instruments, cash or its equivalent,
circulating currency, passports, documents, real property, animals,
living plants or consumable items, motorized vehicles of any type,
watercraft, aircraft, and items intended for storage, transport, display
or habitation.

Reservation of Rights
ASSURE DENTAL LLC, including its agents, independent contractors,
assigns or other expressly authorized third party, reserves the right to
make an independent investigation of the facts and circumstances
related to any Assistance request, including making contact by
telephone, email, US Postal Service or otherwise, any service provider
or related party it deems necessary, at its sole and absolute discretion
and expense, regardless of whether you provide express authorization
to make such contact for purposes of verifying and assisting you with
your Assistance request.

ASSURE DENTAL LLC reserves the right to request that
you provide corroborating evidence of the unauthorized transaction,
Identity Theft or other facts related to your Assistance request,
including a signed affidavit, law enforcement or governmental agency
reports, receipts of expenses, insurance declaration forms, or any
other corroborating evidence that we may deem necessary and
reasonable. Further, ASSURE DENTAL LLC reserves the right to
refuse any Assistance request or provide any Assistance in the event
you fail or refuse to provide us with any requested corroborating
evidence related to the Identity Theft.

TRADEMARKS
You acknowledge and agree that ASSURE DENTAL LLC's name, the
ASSURE DENTAL Logo, Page Headers and other terms, phrases,
graphics, logos, and icons are common law or registered trademarks,
service marks, and/or trade dress of ASSURE DENTAL LLS
(collectively "Marks"). You agree you will not use any such Content
or Marks for any purpose without the appropriate prior written
authorization. ASSURE DENTAL LLC Marks may not be used in
connection with any product or service that is not ASSURE DENTAL
LLS's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits ASSURE
DENTAL LLC. All other trademarks, product names, or logos not
owned by ASSURE DENTAL LLC that appear on this Product Website
are the property of their respective owners.

COPYRIGHTS
All Content included on this Product Website, such as text, graphics,
logos, button items, icons, images, data compilation, is the property of
ASSURE DENTAL LLC or its suppliers and is protected by United
States and international copyrights laws. All software used on this site
is the property of ASSURE DENTAL LLC or its software suppliers and
is protected by United States and international copyright laws
Reproduction of such content, in whole or in part, is prohibited
without prior consent.

ENTIRE AGREEMENT
These Terms and Conditions, the Privacy Policy, and other policies
ASSURE DENTAL LLC may post constitute the entire Agreement
between ASSURE DENTAL LLC and you in connection with your use
of the Product Websites (if applicable), the Products, and the Content,
and supersede any prior versions of the Terms and Conditions, if
applicable. ASSURE DENTAL may update these Terms and Conditions
from time to time by posting revised Terms and Conditions on the
Product Websites, or by mailing an updated copy to the most recent
address you have provided to ASSURE DENTAL LLC, without notice
to you, and your subsequent use of the Products, Product Web Sites,
and/or Content is governed by those new Terms and Conditions. The
Terms and Conditions are effective until terminated by ASSURE
DENTAL LLC. In the event of termination, the Intellectual Property,
Disclaimers, and Limitations of Liability provisions set forth in these
Terms and Conditions will survive. In the event of a conflict between
any other notice, policy, disclaimer or other term contained in the
Product Websites or otherwise, these Terms and Conditions will
control. If any provision is deemed to be unlawful or unenforceable, it
will not affect the validity and enforceability of the remaining
provisions. The section headings are for convenience only and do not
have any force or effect.