MEMBER AGREEMENT

The following terms and conditions of the Member Agreement, as well as the Member Welcome Letter, which is incorporated herein by reference, govern the plan that you are purchasing/have purchased.

Disclosure: This plan is NOT insurance.

The plan is not insurance coverage and does not meet the minimum creditable coverage requirements under the Affordable Care Act or Massachusetts M.G.L. c. 111M and 956 CMR 5.00. This plan provides discounts at certain healthcare providers for medical services. This plan does not make payments directly to the providers of medical services. The plan member is obligated to pay for all healthcare services but will receive a discount from those healthcare providers who have contracted with the discount plan organization. This discount card program contains a 30 day cancellation period. The range of discounts for medical or ancillary services provided under the plan will vary depending on the type of provider and medical or ancillary service received. Member shall receive a full refund of membership fees, excluding registration fee, if membership is cancelled within the first 30 days after the effective date. Discount Medical Plan Organization: New Benefits, Ltd., Attn: Compliance Department, PO Box 671309, Dallas, TX 75367-1309, 800-800-7616. Website to obtain participating providers: MyMemberPortal.com.

1. Description of Plan Services: Teladoc, Doctors Online, HealthWealth Connection, Medical Health Advisor, Medical Bill Saver, Nurseline
2. Description of Plan Features: Each Member is entitled to receive discounts on specified services and receive other services (collectively, “Services”) when using a participating provider (“Provider”). Members are entitled to receive certain Services from Providers at predetermined fees which equate to a percentage discount off the Provider’s normal retail prices for such Services. Fees for Services vary by region. In order to receive Services at the discounted rate, a Member must present his/her Membership ID Card to the Provider before Services are rendered. Members must pay the Provider directly at the time of Service unless otherwise agreed upon between Provider and Member. If prompt payment to the Provider is not made and arrangements for payment are not made, the Provider may rescind the discount.
3. Processing Fee: A processing fee in addition to the Membership fees in the Plan is applicable in the following states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, New Jersey, New Mexico, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming. This processing fee is non-refundable except in those states listed below in the Cancellation and Refund Policy.
4. Membership Term: If the Membership fee and any non-refundable processing fee is paid and received, a Member will be entitled to all Services for the Membership term applicable at the time of purchase. The Member will receive a Plan activation notice with such activation commencing within 72 hours of the purchase and remaining in force as long as Member continues to pay required Membership fees and otherwise complies with the terms of this Agreement.
5. Automatic Renewal of Membership Term: Membership will be automatically renewed up to 30 business days prior to the expiration date of the Member’s Plan unless the Member notifies customer service, either by telephoning a customer service representative at the number on the Membership ID card or by providing written notification prior the new Membership term at the address below, that he/she wishes to cancel his/her Membership in the Plan. Setting an account to “Do Not Renew” is a sufficient form of notification to avoid automatic renewal. If the Member either fails to notify customer service of his/her election not to continue the Membership, Membership in the Program will be renewed automatically and the Membership fee and processing fee for an additional term will be charged to the Member’s original payment source unless other payment methods are arranged.
6. Cancellation and Refund Policy: If a Member cancels his or her Membership within the first 30 days after the effective date of registration in the plan, the Member will receive a full refund after notification of cancellation is provided to customer service. Arkansas members who cancel a membership within the first 30 days after the effective date of registration in the plan will receive a full refund, inclusive of the processing fee. To ensure a cancellation request is processed, the Member must call a customer service representative at the number on his or her Membership ID Card. The applicable refund will be made within 30 days of receipt of the notice of cancellation.

FOR PLANS CONTAINING PRESCRIPTION DISCOUNTS: In the state of Tennessee only, if a member cancels his or her membership within the first 30 days after the effective date of registration in the plan, the member will receive a full refund, inclusive of the processing fee upon receipt by customer service of the Member’s notification of cancellation. In the state of South Carolina only, a member shall receive a full refund of Membership fees, if Membership is cancelled within the first 30 days after receipt of Membership materials. After 30 days of initial purchase, the Refund Policy is as follows: A Member is eligible to receive a pro-rated refund only if a Membership is cancelled by DentalPlans.com or New Benefits, Ltd. for any reason, if discounted savings are not realized on care delivered, or if the fee schedule of the Plan is not honored by at least one Provider in your vicinity. Pro-rated refunds will not be issued for any other reason, including nonpayment of fees by the Member.

Applies to Automatic Renewals Only: In the event that the Plan has been automatically renewed following your initial purchase and provided that Services have not been used, a full refund will be issued within the first 60 days of the automatic renewal. If the Member does not desire the Plan to renew automatically, the Member must set their account to “Do Not Renew.” After 60 days from the automatic renewal, the above refund policy applies.

For residents of Oklahoma and North Dakota: After 30 days of initial purchase, the cancellation and refund policy is as follows: A Member is eligible to receive a pro-rated refund for any reason, including if discounted savings are not realized on the Services, or if the fee schedule of the Plan is not honored by at least one Provider in your vicinity. Pro-rated refunds will not be issued for the nonpayment of fees by the Member.

7. Complaint Procedure: Any complaint regarding Plan Membership should be directed to customer service at the toll-free number on the Member ID Card or in writing to the address shown below. Each complaint will be acknowledged in writing within 5 business days of receipt. After the complaint is investigated, the Member will receive a letter disclosing the results of that investigation no later than 30 calendar days after receipt of the complaint. If the Member remains unsatisfied, the Member may contact his or her state’s department of insurance. Note to IL consumers: Customer service shall provide contact information for the State Department of Insurance upon request.
8. Member Acknowledgements: In return for the discounts and Services available under the Plan, the Member makes the following representations and acknowledgments:

(a) Member has read this Agreement carefully, including the documents incorporated by reference, and is aware and acknowledges that the Program is NOT insurance.

(b) Member may cancel his/her Plan Membership and will be entitled to a refund only as set forth in and subject to Paragraph 6 of this Agreement.

(c) Unless the Member cancels his/her Membership in accordance with Paragraph 6 of this Agreement, the Plan Membership will be automatically renewed up to 30 business days prior to the expiration date of a Membership Term, and payment of the Membership fee and processing fee will be charged to the Member’s original payment source unless other payment methods are arranged.

(d) Membership in the Plan and or Member’s rights or duties under this Agreement may not be assigned or delegated without the prior express written consent. Member acknowledges that the Plan Membership is only for his/her personal benefit or the benefit of his/her immediate family members, if the Plan is a family Membership. To add an immediate family member to the Plan, contact customer service. ‘’Immediate family members’’ are a primary member, spouse, and all legal dependents. A Member’s violation of this paragraph may, at the discretion of New Benefits, Ltd., result in immediate termination of the Plan Membership. Member may register immediate family members by calling customer service.

(e) Member is responsible for paying Providers and/or vendors for Services rendered at time of Service unless otherwise agreed upon by Member and Provider or vendor.

(f) This Plan is a discount health care program and does not guarantee the quality of the services or products offered by individual providers. New Benefits, Ltd. and DentalPlans.com do not recommend or endorse any particular provider listed in the network. Providers are independent contractors in private practice and are neither employees nor agents of DentalPlans.com or New Benefits, Ltd. and/or its parents, subsidiaries or affiliates. The availability of any particular provider cannot be guaranteed, and provider network composition is subject to change without notice. DentalPlans.com and/ or New Benefits, Ltd. does not provide medical, dental or any other treatment and is not responsible for outcomes. All medical, dental and/or other health care is the responsibility of the treating provider, in consultation with the Member. Member’s selection of the provider is also the responsibility of the Member and is not based on any representations by DentalPlans.com and/or New Benefits, Ltd.

(g) New Benefits, Ltd. and DentalPlans.com do not warrant, represent or guarantee that there is or will be a Provider in his/her area available or willing to provide any of the Services to Member. Neither this Plan, New Benefits, Ltd., DentalPlans.com, their affiliates, nor any network accessed shall be liable for any payment to a Provider accessed under the Plan. Neither this Plan, New Benefits, Ltd., DentalPlans.com, their affiliates, nor any network accessed is an insurer, guarantor or underwriter of the responsibility or liability of the Member for Member’s or Member’s dependents’ medical care or any other goods or services provided to Member or Member’s dependents.

(h) Member is solely responsible for selecting any provider and in the event the Member is dissatisfied with any product or service, the Member will look solely to the Provider, seller, merchant, vendor or manufacturer for any satisfaction of claim. Member is advised that any Service included in the Plan is subject to availability and may be changed or discontinued from the Plan at any time without notice to the Member.

(i) The Plan is not insurance and it may not reduce deductibles, co-payments or other out-of-pocket expenses for Services that are covered by insurance. Additionally, the Program may not be used to coordinate coverage with Medicare or other government assistance programs.

9. General Release: Each Member, for himself/herself, and on behalf of any Dependent who uses the Services under the Plan Membership (‘’Membership Participant’’), hereby forever releases, acquits and discharges each of New Benefits, Ltd., DentalPlans.com 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 representative(s) may have by reason of any damage or personal injury sustained as a result of or during the course of the use of any Service. The sole recourse available to a Member, Membership Participant or Member’s legal representative(s) against New Benefits, Ltd. or DentalPlans.com will be cancellation of the Plan Membership as provided in Paragraph 6.
10. 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 Fed Ex or United Parcel Service, and addressed to the Member, at the address shown in DentalPlans.com records, or from the Member to DentalPlans.com, at: DentalPlans.com Customer Service 8100 SW 10th Street, Suite 2000, Plantation, FL 33324
11. Entire Agreement: This Agreement sets forth the entire agreement and understanding between the parties with regard to Member’s Membership in the Plan 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 Plan. Any other representation, inducement, promise or agreement shall be of no force or effect.
12. Governing Law: This Agreement will be governed and construed in accordance with the laws of the State of Texas, except as required otherwise by applicable law. Note to Oklahoma Consumers: This Agreement will be governed and construed in accordance with the laws of the State of Oklahoma, and venue for any proceedings shall be in the district court of Oklahoma County. Any controversy or claim arising out of or relating to this Member Agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Note to Florida Consumers: This Agreement will be governed and construed in accordance with the laws of the State of Florida, and venue for any proceedings shall be the State of Florida court closest to the member’s residence, except as required otherwise by applicable law. Any controversy or claim arising out of or relating to this Member Agreement may be settled by voluntary arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Note to Utah Consumers: This Agreement will be governed and construed in accordance with the laws of the State of Utah, and venue for any proceedings shall be the State of Utah court closest to the member’s residence, except as required otherwise by applicable law. Any controversy or claim arising out of or relating to this Member Agreement may be settled by voluntary arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
13. Waiver of Breach A waiver by New Benefits, Ltd. or DentalPlans.com of a breach of any provision of this Agreement will not be deemed a waiver by New Benefits, Ltd. or DentalPlans.com of any other breach of the same or different provision.

DPHN-NB-DP-0315