This
is your Agreement, as Cardholder, with Health Dental Plus Best Benefits Plan.
It is effective on the date of acceptance of Cardholder’s
application for enrollment in the Health Dental Plus Best Benefits Plan Plan
(“Plan”).
Health Dental Plus Best Benefits Plan shall provide Cardholder with a listing
of participation providers. Cardholder shall excuse Health Dental Plus Best Benefits Plan from any liability for errors in such listing.
Cardholder is responsible for choice of provider, verification
that the provider is a current participant in the Plan,
and payment for goods and services.
Savings are based on the provider’s usual and customary
fees, or on national or regional fees for the service
or product. Your actual savings will vary depending upon
your location and the specific products or services purchased.
All listed or quoted Health Dental Plus Best Benefits Plan prices or fees
are current prices only and are subject to change without
notice. From time to time certain providers may offer
certain products or services to the general public at
prices lower than Health Dental Plus Best Benefits Plan price. In that event,
members will always be charged the lower price.
Plan benefits may vary in some states. Health Dental Plus Best Benefits Plan
providers are subject to change without notice. The Plan
may be discontinued or modified at any time. Health Dental Plus Best Benefits Plan discounts cannot be used in conjunction with any
other discount program.
You may cancel your membership because of a modification.
Should you choose to do so, the liability of Health Dental Plus Best Benefits Plan shall be limited to a refund of membership fees paid
for the period subsequent to the modification.
Health Dental Plus Best Benefits Plan Benefit Plan is a discount program
only, and is not insurance. No portion of any provider’s
fee will be reimbursed or otherwise paid by Health Dental Plus Best Benefits Plan. Cardholder is solely responsible for payment. Health Dental Plus Best Benefits Plan shall not be responsible for review of any
Plan purchase which is solely between Cardholder and participating
providers.
Health Dental Plus Best Benefits Plan has negotiated these discounts with
the provider to acquire the best possible discount, much
the way large companies do for their employees. Although
Health Dental Plus Best Benefits Plan screens participating providers to
ensure appropriate credentials and qualifications to provide
goods and services, Health Dental Plus Best Benefits Plan does not otherwise
guarantee nor is responsible for the quality of such service
or products purchased by Cardholder.
Health Dental Plus Best Benefits Plan may delegate its responsibilities to
administrators it may appoint as it deems reasonably necessary
to perform its obligations under the Plan. Any administrators
and participating providers are independent contractors:
they are not employees, partners, or joint ventures with
Health Dental Plus Best Benefits Plan.
Term.
This Agreement shall be month to month subject
to payment of the cardholder fee.
Entire
Agreement. This is the entire agreement between
Cardholder and Health Dental Plus Best Benefits Plan. Any representation,
warrant, promise, or condition not expressly stated here
shall not be binding. This agreement including any schedules
or exhibits may be amended only in writing expressing
an intent to modify this agreement. The parties agree
that they will make no claim at any time or place that
this Agreement has been orally altered or modified.
Governing
Law. This Agreement and its interpretation and
enforcement or void for any reason, it shall be severed
from the Agreement, which shall not affect the validity
of the remaining provisions.
ERISA.
In the event the Employee Retirement Income Security of
1974 (“ERISA”) applies to a Cardholder’s
benefits under the Plan, this Agreement is not intended
to make Health Dental Plus Best Benefits Plan or its administrators a Plan
Administrator or fiduciary within the meaning of ERISA.
Effect
of Any Ambiguity. The parties have attempted
to draft a clear and unambiguous document. In the event
they have been unsuccessful, any ambiguity is to be resolved
without resort to the presumption that either party drafted
any particular section and that any ambiguities in that
specific section should thus be construed against that
party.
No
Third Party Beneficiaries. There are no persons
who are intended by the parties to be third party beneficiaries
under this agreement, and no action to enforce the terms
of this Agreement may be brought against either party
by any person who is not a party hereto.
Arbitration.
Any Dispute arising from or related to this Agreement
shall be resolved by binding, non-appealable private arbitration
conducted in accordance with the Rules of the American
Arbitration Association in Chicago, Illinois. This Provision
shall survive termination of this Agreement, and its interpretation
shall be subject to the Federal Arbitration Act.