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2596 Enterprise Ave, Suite 1
Billings, MT 59102
RUBICARE MEMBER AGREEMENT
The following terms and conditions of this Rubicare Purchase Agreement (the “Agreement”) and the Cancellation and
Refund Policy, which are 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:
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 Provider. Members are entitled to receive
certain dental services from Providers for a percentage discount off the Provider’s 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 present a valid Membership ID card to the Provider before
dental services are rendered. Members must pay the Provider directly at the time of service unless otherwise agreed upon between the
Provider and the Member. 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
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 by the
Provider 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 is violated by the Member, Rubicare may terminate immediately such Member’s Membership in the
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 and Membership ID card, which will remain valid as long as the Member complies with the terms of this Agreement
unless earlier cancelled or terminated as provided herein.
4. Renewal of Membership Term
One (1) month prior to the expiration of the initial Membership Term or any renewal Membership Term, Rubicare will send
to the Member a notice for renewal, including a bill for the Membership Fee for the renewal term. The Member will provide Rubicare
with a credit card or financial account and authorized Rubicare to charge such card or account for the Membership Fee for the renewal
Membership Term. If the Member elects not to renew Membership in the Program, then the Member shall immediately return the
Membership ID card to Rubicare before the expiration date of the Membership Term.
Should a Member have any questions concerning the Program, or the continuation or cancellation of Membership, the
Member should contact Rubicare.
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 of the increased Membership Fee, which will be effective upon renewal of the Membership. The
Membership Fee 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 for any initial or renewal Membership
Term must be received before the Membership Term expiration date. 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 or 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
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 of 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 cancellation of
the Program Membership as provided in Section 5.
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 Fed Ex or United Parcel Service, and
addressed to the Member, at the address shown in Rubicare’s records, or from the Member to Rubicare, at:
2596 Enterprise Ave, Suite 1
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.
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.
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.
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 and by delivering to Rubicare the Membership ID card 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 both
notice thereof and delivery of the Membership ID card to Rubicare.
Cancellation: If the Member cancels the Membership within thirty (30) days of the date of purchase of the Membership ID
card, then Rubicare shall refund all fees, except a nominal fee of $125/person associated with enrollment costs, that were part of the
purchase cost of the Membership ID card and the Membership ID card 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 and purchase of the Membership ID card. 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 returned the Membership ID card Rubicare shall not charge or collect any fees,
including a cancellation fee.
(as of June 2016)
Remington Family Dental
10 Avanta Way, Suite 3
Billings, MT 59102
Hardin Family Dental
339 3rd Street West
Hardin, MT 59034
Laurel Family Dental
15 Montana Avenue
Laurel, MT 59044
Rock Creek Dental
515 Broadway Avenue North, Suite 4
Red Lodge, MT 59068
Birch Creek Dental
35 Johnson Avenue
Dillon, MT 59725
Canyon Creek Dental
1690 Rimrock Road, Suite E
Billings, MT 59102
Montana Center for Implants
10 Avanta Way, Suite 3
Billings, MT 59102
Implants & Dentures
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