We reserve the right to modify these Terms at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of Dental Genie after any such changes shall constitute your consent to such changes.
IMPORTANT – PLEASE READ:
WE DO NOT PROVIDE MEDICAL, DENTAL OR OTHER HEALTH RELATED SERVICES AND WE DO NOT PROVIDE INSURANCE OF ANY TYPE. WE ONLY PROVIDE INFORMATION AND A METHOD TO SCHEDULE AND PAY FOR DISCOUNTED SERVICES THROUGH A NETWORK OF PROFESSIONAL PROVIDERS THAT YOU SELECT. YOU ARE RESPONSIBLE FOR ALL PAYMENTS TO HEALTHCARE PROVIDERS FROM WHOM YOU RECEIVE SERVICES. WE DO NOT, AND DO NOT INTEND TO, PROVIDE ANY MEDICAL, DENTAL OR OTHER HEALTH RELATED SERVICES. AS SUCH, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PROVISION OR LACK OF PROVISION OF ANY SUCH SERVICES.
Dental Genie allows Visitors to schedule appointments with Providers (as hereinafter defined) and pay for healthcare related services rendered by these Providers
(“Healthcare Services”). Dental Genie may contact you by phone or or email or text as needed.
By using this site, you agree: (i) that you are eighteen (18) years or older, (ii) that you reside in the United States, in a state that permits the operation and offering of discount medical (or pharmacy) plans, (iii) to provide true, accurate, current and complete information about yourself as prompted by the registration form, and (iv) to maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you intend to violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of Dental Genie (or any portion thereof).
1.2. How To Use Dental Genie
(a) Provider Appointments. Dental Genie gives you the ability to make appointments with and to receive discounts and pay for Healthcare Services rendered by dental healthcare related providers in the Dental Genie network (collectively, “Providers”). You may access the Providers through www.dentalgenie.com. Dental Genie is only a directory for Healthcare Services rendered by Providers. Tbe eligible for the Provider’s discounted rates, you must contact the Provider via DentalGenie.com prior to receiving any Healthcare Services. Any Healthcare Service you receive from a Provider shall be between you and the Provider and we shall have no responsibility for such Healthcare Services. In addition, we shall not be responsible for any inaccuracies, misrepresentations, misdiagnoses, treatment errors, or other acts or omissions of the Providers.
(b) Missed or Cancelled Appointments. In the event you miss or cancel your appointment with a Provider, you are solely responsible for any such Provider’s fees associated with missed or cancelled appointments.
(c) No Guarantee of Provider Availability or Service. We will in no way restrict you from accessing any Provider in the Dental Genie network, including through imposing waiting or notification periods. However, we do not guarantee the availability of the Providers you choose. A Provider may choose to dis-enroll from, or not participate in, our network at any time, or a Provider may not be available to take on new patients. Additionally, we do not guarantee that the Healthcare Services listed on the Site are provided by all Providers. Although we cannot guarantee that the Provider of your choice is available and can provide the desired Healthcare Services, we make commercially reasonable efforts to ensure that all Provider listings are as accurate as possible and will assist you
in finding a Provider. Healthcare services not listed on the Site are not subject to a Provider’s discounted rates.
(d) Limitations on Your Use of Dental Genie. Dental Genie is intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of Dental Genie, in any medium, without our prior written consent, or (ii) use Dental Genie in whole or part, or any benefit thereof, for any commercial purpose, including, but not limited to, selling, bartering, disposing or otherwise transferring any discounts obtained through Dental Genie or any Provider, in violation of these Terms or any of your Provider’s terms and conditions without our express written permission or the express written permission of the applicable Provider, as the case may be. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or Dental Genie, or otherwise exceed the limited access granted to you by us. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
(e) Procedure to File Complaints. If you have a complaint regarding Dental Genie or any service received by us, you may submit a complaint to us in writing at the following address: 1760 East Pecos Road, Suite 332, Gilbert, Arizona 85295, or on the Site at www.dentalgenie.com, Contact Us, or you may send an e-mail to Dental Genie at firstname.lastname@example.org. We will investigate and determine the appropriate solution. All disputes that cannot be appropriately resolved will be governed by the dispute resolution provisions set forth in Section 13 of these Terms.
2. Cancellation Rights
YOU ARE ELIGIBLE TO ACCESS DENTAL GENIE UNTIL YOU ELECT NOT TO DO SO OR UNTIL YOUR ACCESS IS TERMINATED IN ACCORDANCE WITH THESE TERMS. YOU HAVE THE RIGHT TO DISCONTINUE USE OF DENTAL GENIE AT ANY TIME AND FOR ANY REASON AT NO PENALTY TO YOU; PROVIDED, HOWEVER, THAT YOU ARE LIABLE FOR ANY OUTSTANDING BALANCE OWED TO ANY PROVIDER FOR YOUR RECEIPT OF HEALTHCARE SERVICES.
3. License Grant, Restrictions and Copyright Policy
3.1. Licenses Granted by Us to Our Content and User Content
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license: (i) to view, download and print any text, graphics, images, audio, video, information or other materials (collectively, “Content”) that we make available through the the Site, including any Content licensed from a third party, but excluding User Content (”Our Content”) solely for your personal and non-commercial purposes; and (ii) to view any Content that a visitor (“User”) posts, uploads, publishes, submits or transmits for public dissemination and to be made available through Dental Genie (“User Content”) to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Dental Genie, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
3.2. Copyright Policy
We respect copyright law and expect you to do the same. It is our policy to terminate in appropriate circumstances users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders or otherwise violate these Terms.
4. Representations and Warranties
By using Dental Genie, you expressly represent and warrant that you are legally entitled to agree to these Terms. If you reside in a jurisdiction that restricts the use of Dental Genie because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use Dental Genie. Without limiting the foregoing, Dental Genie is not available to children (persons under the age of 18). By using Dental Genie, you represent and warrant that you (a) are at least 18 years old, and (b) have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms. Your participation in using Dental Genie is for your sole, personal use. You may not authorize others to use Dental Genie under your account and you may not assign or otherwise transfer your user account to any other person or entity. When using Dental Genie you agree to comply with all
applicable laws of the country, state and city in which you are domiciled and/or are present while using Dental Genie. You may only access and use Dental Genie pursuant to authorized means. By using Dental Genie Service, you agree that:
* You will only use Dental Genie for lawful purposes.
* You will not impair the proper operation of the network.
* You will not try to harm any other Usermor Dental Genie in any way.
* You will not copy, or distribute content without our written permission.
* You will only use Dental Genie for your own personal use and will not resell it to a third party.
* You will keep secure and confidential your account password or any identification we provide you which allows access to Dental Genie.
* You will provide us with proof of identity as we may reasonably request from time to time.
* You may receive communications from us or our vendor via SMS messaging and standard messaging charges will apply.
5. Intellectual Property Ownership
As between you and us, we (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to Dental Genie and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Dental Genie. These Terms do not convey to you any rights of ownership in or related to Dental Genie, or any intellectual property rights owned by us. Our name, logo, and names associated with Dental Genie are our trademarks or those of our licensors, and no right or license is granted to use them except as otherwise specifically set forth in these Terms.
By using Dental Genie, you shall defend, indemnify and hold us, the Providers and our licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of, in connection with, or related to: (a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party; or (c) your use or misuse of Dental Genie.
7. Disclaimer of Warranties
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF DENTAL GENIE OR ANY HEALTHCARE SERVICE YOU MAY RECEIVE FROM A PROVIDER. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF DENTAL GENIE WILL BE
SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APP, SYSTEM OR DATA, (B) DENTAL GENIE, HEALTHCARE SERVICE OR PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS IN DENTAL GENIE SERVICE WILL BE CORRECTED, OR (F) DENTAL GENIE OR THE SERVER(S) THAT MAKE DENTAL GENIE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DENTAL GENIE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY DENTAL GENIE SERVICES, PRODUCTS OR GOODS OBTAINED BY PROVIDERS THROUGH THE USE OF DENTAL GENIE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF DENTAL GENIE, AND ANY HEALTHCARE SERVICES RENDERED BY ANY PROVIDERS REMAIN SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Internet Delays
DENTAL GENIE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
9. Limitation of Liability
IN NO EVENT SHALL WE AND/OR OUR LICENSORS OR PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). WE AND/OR OUR LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH DENTAL GENIE OR HEALTHCARE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE DENTAL GENIE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY PROVIDER’S HEALTHCARE SERVICE, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY PROVIDER WHO IS REFERRED BY DENTAL GENIE, EVEN IF WE
AND/OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALTHOUGH WE MAY INTRODUCE OR PROVIDE YOU ACCESS TO PROVIDERS FOR THE PURPOSES OF PROVIDING HEALTHCARE SERVICES, WE ASSUME NO RESPONSIBLITY TO ASSESS THE SUITABILITY OR ABILITY OF SUCH PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE US FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE HEALTHCARE SERVICES RENDERED OR NOT RENDERED BY PROVIDERS. WE WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING HEALTHCARE SERVICES PROVIDED BY PROVIDERS RESTS SOLELY WITH YOU. IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We may give notice by means of a general notice on the Site or via electronic mail to your email address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in our account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us at the address provided above, Attention: Customer Care, Dental Genie.
These Terms may not be assigned by you without our prior written approval but may be assigned without your consent by us to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void.
13. Dispute Resolution
13.1 In General
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Dental Genie (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you are waiving the right to a trial by jury and to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless otherwise agreed in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section 13 will be deemed void. Except as provided in the preceding sentence, this Section 13 will survive any termination of these Terms.
13.2 Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified as set forth in Section 13.6 below. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
13.3 Arbitration Location and Procedure.
Unless otherwise agreed, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
13.4 Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 9 “Limitation of Liability” as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide
relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
13.5 Arbitration Fees.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
13.6 Changes to Dispute Resolution Provisions
Notwithstanding anything to the contrary in these Terms, if we make any changes to the dispute resolution process set forth in this Section 13 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to genie@DentalGenie.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this Section 13 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
No joint venture, partnership, employment, or agency relationship exists between you, us or any Provider as a result of these Terms or your use of Dental Genie or App. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms comprise the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, whether written or oral, between you and us regarding the subject matter contained herein.
NOTE TO ILLINOIS CONSUMERS
These plans, although they are not insurance, are regulated by the Illinois Department of Insurance. You have the right to contact them regarding any complaint. We will provide
contact information for the Illinois Department of Insurance upon request. You may make your request by email at geniedentalgenie.
NOTE TO RHODE ISLAND CONSUMERS
These plans, although they are not insurance, are regulated by the Office of the Health Insurance Commissioner ("OHIC”), 1151 Pontiac Avenue, Building 69-1, Cranston, RI 02920; for consumer complaints contact OHIC’s consumer assistance partner RIReach at: 855-747-3224 (toll free) or rireach.org.