The following terms and conditions (Terms) govern your enrollment and participation in a dental membership plan (Dental Membership Plan) being offered by Dr. Zak Dental Care (Dentist). These terms and your enrollment in a Dental Membership Plan constitute a binding agreement between you and Dr. Zak Dental Care (the Agreement). If you do not agree to these Terms, do not enroll in this Dental Membership Plan. THE DENTAL MEMBERSHIP PLAN IS NOT AN INSURANCE PLAN AND IS NOT INTENDED TO REPLACE DENTAL INSURANCE. THE DENTAL MEMBERSHIP 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 MEMBERSHIP PLAN, OR THE DENTIST OFFERING THE DENTAL MEMBERSHIP PLAN, ARE LICENSED INSURERS, HEALTH MAINTENANCE ORGANIZATIONS, OR OTHER UNDERWRITERS OF HEALTH CARE SERVICES.
4. LIMITATIONS. Not all dental services are Included Services under the Dental Membership 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 Dentists 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 zakdental.com online 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 zakdental.com online platform at all times.
7. COMPLAINTS. 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. You may submit your complaint via our online help request system or by contacting our team via email.
8. GOVERNING LAW; ARBITRATION. The Agreement shall be governed by and construed in accordance with the laws of the State of California, 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 Los Angeles, California, in accordance with N.C. Gen. Stat. 1-569.1 et seq. (the Uniform Arbitration Act) and 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 California, 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 California state courts located in Los Angeles, California, or the federal district court located in Los Angeles, California. 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.
9. CHANGES TO THESE TERMS AND CONDITIONS. Dr. Zak Dental Care 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 zakdental.com online 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 zakdental.com online platform Services. Your continued use of the zakdental.com online platform, the zakdental.com online platform Services and/or the Dental Membership Plan after any changes to these Terms constitutes your acceptance of the revised Terms and Conditions.