RUBICARE MEMBER AGREEMENT
The following terms and conditions of this Rubicare Purchase Agreement (the “Agreement”) and the Cancellation and Refund Policy, which is incorporated herein by reference as if fully set forth below, govern the dental discount program (the “Program”) that the purchaser is purchasing through submission of the enrollment form (the “Members” and each a “Member”). All Members should read this Agreement and the incorporated Cancellation and Refund Policy carefully before submitting the enrollment form and communicate any questions that they may have to Rubicare (“Rubicare”). The following terms and conditions govern Members’ (and, if applicable, Members’ family) use of Rubicare’s services. By submitting the enrollment request form, the Member acknowledges having read and does agree to the following terms and conditions:
1. Disclosures
THIS PROGRAM IS NOT INSURANCE.
THIS IS NOT A MEDICARE PRESCRIPTION DRUG PLAN.
THIS PROGRAM CANNOT BE USED WITH ANY OTHER DENTAL PLAN OR INSURANCE.
The Program provides discounts at certain participating health care providers that have contracted with Rubicare to provide dental services subject to the Program (the “Providers” and each a “Provider”). The discounts will vary depending on the Provider and the service. Neither Rubicare nor the Program makes payments directly to the Providers. Each Member is obligated to pay personally for all health care services and products but will receive a discount from the Providers. The Member acknowledges receipt of a list of Provides prior to purchasing a Membership. Before purchase and anytime thereafter, the Members may access a list of Providers at www.rubicare.com or via telephone toll-free at (844) 418-9257. Upon written request, Rubicare will provide to the requesting Member a written list of Providers. You have the right to cancel as set forth in the Cancellation and Refund Policy.
2. Description of Program
Each Member is entitled to receive discounts on specified services when using a participating Provider. Members are entitled to receive certain dental services from these Providers for a percentage discount off the UCR** standard fees for such dental services. Every effort has been made to ensure that only active participating Providers are listed on the Provider list. We strongly recommend that you confirm that a provider is currently participating before you receive any services from that provider.
Other terms and conditions, the dental services eligible for discounts, and the discounted fees for the dental services included are subject to change, modification, or substitution from time to time. Specific fees for services vary by Provider and by location. In order to receive dental services at the discounted rate, a Member must signup for membership before
dental services are rendered. THIS PROGRAM CANNOT BE USED WITH ANY OTHER DENTAL PLAN OR INSURANCE. If a Member wishes to confirm whether a Program discount is available for a particular dental service, or wishes to confirm the current fee for a particular dental service, the Member should first contact the provider directly, and, if any further assistance is necessary, Rubicare. The Program provides members access to a network of Providers that are independent dental professionals. Providers are independent contractors in private practice and are neither employees nor agents of Rubicare. Rubicare cannot and does not guarantee the availability of any particular Provider, and Provider network composition is subject to change without notice. Rubicare does not provide medical, dental, or any other treatment and is not responsible for the outcome of any service or procedure. All medical, dental, or other health care is the responsibility of the Provider in consultation with the Member. The Member’s selection of a Provider is the Member’s sole responsibility and is not based on any representations by Rubicare.
The Providers have agreed to make certain services and products available to Members on a “Reduced Fee Service” basis. The term “Reduced Fee Service” means a service that is available to a Member at a discount from fees normally charged, and for which the Member is solely financially responsible. The Member understands and acknowledges that all payments to Providers are due and payable at the time of service unless another payment arrangement is mutually agreed upon between the Member and the Provider. Members may be subject to the Provider’s late payment and other office policies. In the event any of the terms and conditions hereof are violated by the Member, Rubicare may terminate immediately such Member’s Membership in the Program.
3. Membership Term
Once the fee for Membership in the Program, including without limitation any enrollment and processing charges (the “Membership Fee”), is paid and received, a Member will be entitled to all discounted dental services for a one-year period from the date of purchase (the “Membership Term”). Within seven (7) business days of purchase, Rubicare will send to the Member a Program activation notice, which will remain valid as long as the Member complies with the terms of this Agreement unless earlier canceled or terminated as provided herein.
4. Renewal of Membership Term
Renewal will automatically take place every year on the same date the Member originally enrolled. The Member’s credit/debit card that was used at enrollment will be charged for the renewal Membership Fee unless the membership is cancelled prior to the renewal date. If the Member elects not to renew Membership in the Program, then the Member shall contact Rubicare before the expiration date of the Membership Term or login to www.rubicare.com to cancel on their own. Should a Member have any questions concerning the Program, or the continuation or cancellation of Membership, the member should contact Rubicare.
5. Cancellation
If a Member wishes to cancel or terminate the Member’s Membership in the Program before the expiration date of the current Membership Term, the Member may do so only in accordance with the Rubicare Cancellation and Refund Policy then in effect. You may review the Cancellation and Refund Policy in effect either at Rubicare’s website or you may request in writing a copy of the Cancellation and Refund Policy then in effect. The Cancellation and Refund Policy in effect at the time of purchase is attached as Addendum 1 to this Agreement.
6. Complaint Procedure
Any complaint regarding Program membership should be directed to Rubicare in writing to the address provided herein or as updated by Rubicare.
7. Membership Payment
The Member may pay Membership Fees using any of the following methods: credit card or electronic withdrawal from a financial account. Rubicare reserves the right to increase the Membership Fee for a future Membership Term, in which case the Member will be notified by their Provider once the Membership has expired and needs to be renewed with the new fees and terms. The Membership Fees must be paid in full upon enrollment. Payment of the Membership Fee and any renewal Membership Fee will be made as requested by the Member by a charge against the Member’s credit card or by electronic withdrawal from the Member’s financial account (depending on the payment option authorized by the Member) for the full amount of the Membership Fee for the Membership Term. Each Member hereby authorizes Rubicare to bill and receive payment for the Membership Fee as set forth in this Agreement. Past due accounts that are not brought current within 15 days of notice, including but not limited to E-mail notice, are subject to suspension of Program benefits and possible termination of Membership. In order for Program benefits to continue without interruption, the Membership Fees will be automatically debited from the account used to enroll in the discount program. In the event that Rubicare attempts to renew the Membership at
the request of the Member but is unable to do so for any reason (including but not limited to cancellation or inactivation of a Member’s credit card or debit card, insufficient funds to cover charges for Membership Fees in full, closure of the applicable financial account, failure to tender physical payment or to provide payment information upon receipt of a bill for Membership Fees, or any other reason that is not within Rubicare’s control,) then Rubicare will attempt to notify the Member through the E-mail address on record. In all events, it is the responsibility of the Member to ensure that Rubicare has received payment of Membership Fees prior to the expiration of a Membership Term. Rubicare is not responsible and assumes no liability to any Member for any Member’s failure to provide Rubicare with current payment information for Membership Term renewal.
8. Member Acknowledgements
Membership in the Program and the Member’s rights or duties under this Agreement shall not be assigned or delegated without the prior express written consent of Rubicare and any purported assignment or delegation without Rubicare’s prior written consent shall be void ab initio. The Member agrees to use the Membership and the Program benefits only for the Member’s personal benefit or for the benefit of the Member’s Family (if applicable). The “Member’s Family” is defined exclusively as the Member, the Member’s spouse, and Member’s legal dependents. A Member’s violation of this Section may, at the sole discretion of Rubicare, result in immediate termination of the Member’s Membership. Rubicare bears no responsibility for the payment of or contribution to any use, sales, or other tax that may be imposed on the dental services and products by any federal, state or other taxing authority. The Member of the Provider, as the case may be, shall bear sole responsibility to pay such taxes. The Member is responsible for paying the Provider for all dental services and products rendered unless otherwise agreed upon by Member and Provider. Rubicare is in no way responsible for the dental services provided by a Provider or the supplier or vendor of such Provider. The Program is not insurance and it may not reduce deductibles, co-payments or other out-of-pocket expenses for dental services that are covered by insurance.
9. Disclaimer of Warranties
RUBICARE IS NOT AN INSURER, MERCHANT, OR MANUFACTURER. RUBICARE DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY SERVICES OR PRODUCT PURCHASED OR RECEIVED BY A MEMBER FROM A PROVIDER OR VENDOR THROUGH MEMBERSHIP IN THE PROGRAM. THE MEMBER SHOULD NOT RELY ON RUBICARE’S SKILL OR JUDGEMENT IN SELECTING A PROVIDER OR VENDOR FOR THE SERVICES AVAILABLE TO MEMBERS. IN THE EVENT ANY PRODUCT OR SERVICE
PURCHASED OR RECEIVED BY A MEMBER IS CANCELLED, MODIFIED, DEFECTIVE, OR OTHERWISE
UNSATISFACTORY TO THE MEMBER, THE MEMBER WILL LOOK SOLELY TO THE DENTIST, PROVIDER, SELLER, MERCHANT, VENDOR, OR MANUFACTURER OF THE PRODUCT OR DENTAL SERVICE FOR ANY REPAIR, EXCHANGE, REFUND, OR SATISFACTION OF CLAIM.
10. General Release
Member acknowledges and agrees that Rubicare is solely a service provider that links Members to the Providers and that Rubicare does not provide dental services or products of any kind. Therefore, each Member, for himself/herself, and on behalf of the Member’s Family who uses the Program or receives the benefits of the Program (“Membership Participant”), agrees that Rubicare shall have no liability whatsoever for the dental services or products that any Provider provides and hereby forever releases, acquits and discharges each of Rubicare and its employees, officers, directors, agents, and affiliates from any and all liabilities, claims, demands, actions, and causes of action that such Member, Membership Participant, or Member’s legal representatives may have by reason for any damage or personal injury sustained as a result of or during the course of the use of any dental service. The sole recourse available to a Member, Membership Participant, or Member’s legal representatives against Rubicare will be a cancellation of the Program Membership as provided in Section 5.
11. Notices
Any notice, consent, approval, complaint, request, or other written communication given or required under this Agreement must be sent by first-class mail, postage prepaid, or by an overnight delivery service such as FedEx or United Parcel Service, and addressed to the Member, at the address shown in Rubicare’s records, or from the Member to Rubicare, at:
Rubicare
2639 St Johns Ave.
Billings, MT 59102
12. Entire Agreement
This Agreement and the Cancellation and Refund Policy, which is incorporated by reference, set forth the entire agreement and understanding between the parties with regard to Member’s Membership in the Program and constitutes a final, complete and exclusive statement of the terms of the agreement between the parties with respect to Member’s Membership in the Program. Any other representation, inducement, promise or agreement shall be of no force or effect.
13. Validity and Enforceability
The validity or unenforceability of any term of this Agreement will in no way affect the validity or enforceability of any other term of this Agreement.
14. Governing Law
This Agreement will be governed and construed in accordance with the laws of the State of Montana regardless of any application or principles regarding conflicts of laws. Any legal action brought against Rubicare shall be brought in a court of competent jurisdiction located in Yellowstone County, Montana.
15. Headings
The headings or captions provided throughout this Agreement are for reference purposes only and will in no way affect the meaning or interpretation of this Agreement.
16. Amendment
This Agreement may only be amended in a writing signed or otherwise electronically acknowledged by the parties; provided, however, that Rubicare, without prior notice or Member consent, may amend the Cancellation and Refund Policy to comply with applicable law and any Provider list to ensure that the Provider list is current.
17. Waiver of Breach
A waiver by Rubicare of a breach of any provision of this Agreement will not be deemed a waiver by Rubicare of any other breach of the same or different provision.
Addendum I
Cancellation and Refund Policy
A Member may cancel or terminate Membership in the Program at any time for any reason by delivering notice of such cancellation or termination in writing to Rubicare at the address set forth in the Purchase Agreement or such other address as Rubicare may provide. Cancellation or termination will not be effective without notice to Rubicare.
Cancellation: If the Member cancels the Membership within thirty (30) days of the date of purchase of the Membership, then Rubicare shall refund all fees, except a nominal fee of $25/person associated with enrollment costs, that were part of the purchase cost and the Membership is void from the date of purchase and all discount services are void from the date of purchase. By way of example, if a Member cancels within thirty (30) days of the date of purchase but received discounted services after the date of purchase but before the date of cancellation, then the Provider may charge the standard (nondiscounted) fees for such services. The Member shall not receive any credit, offset, or payment for unused benefits.
Termination: If the Member terminates the Membership more than thirty (30) days after the date of purchase, then Rubicare shall be allowed to retain all costs and fees associated with the costs of enrollment. The Member shall not receive any credit, offset, or payment for unused benefits.
Effect: Upon cancellation or termination the Member will not be eligible to receive any benefits of the Program after notice of cancellation or termination. After the Member has cancelled, Rubicare shall not charge or collect any fees, including a cancellation fee.
**Prices and discounts are based on Provider fees for your chosen dental office.