SAPPHIRE MEMBERSHIP PROGRAM – MEMBERSHIP AGREEMENT

The following terms and conditions of this Membership Agreement (“Agreement”), as well as the Terms of Use, Cancellation Policy, and Privacy Policy posted on the Seven Star Dental (“SSD”) website (sevenstardental.com), which are incorporated herein by reference as if fully set forth below, govern the Sapphire Membership Program (“Program”) that you are purchasing through your submission of the membership application form on the SSD website and remittance of the Membership Fee. By submitting a membership application and remitting payment, Member agrees to be bound by this Agreement. All Members subscribing to the Program should read this Agreement and the incorporated Terms of Use, Cancellation Policy, and Privacy Policy carefully and communicate any questions that may arise to the administrator of the Program, Seven Star Dental:

By Phone:
Direct – 513-241-7827

By U.S. Postal Mail:
Seven Star Dental
Sapphire Membership Program
7 West 7th St., Suite 1
Cincinnati, OH 45202

By E-Mail:
Info@SevenStarDental.com

The following terms and conditions govern your (and, if applicable, your dependents) use of SSD’s websites and services. By submitting your membership application form, you acknowledge that you have read and agreed to the following terms and conditions:

1. DESCRIPTION OF PROGRAM’S FEATURES
Each Member is entitled to receive discounts on specified services when using SSD services as set forth on the SSD website. Members are entitled to receive certain dental services from SSD at predetermined rates and for a percentage discount off the SSD’s normal retail prices for such dental services.
Other terms and conditions, the dental services eligible for discounts, and the discounted fees for the dental services included are listed in the Member Dental Services and Discount Fees page on SSD’s website and are subject to change, modification and/or substitution by the Program as updated on SSD’s website from time to time, and Members shall receive a reasonable notification of any such change, modification or substitution. Fees for services vary by the type of service. In order to receive dental services at the discounted rate, a Member must inform SSD of his/her membership prior to receiving services and the services must be provided by SSD.
Members must pay the SSD directly at the time of service for work performed, unless otherwise agreed upon between SSD and Member. 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, he/she should first contact SSD directly.
The Program provides Members with discounted dental services provided by Seven Star Dental, the Program administrator. SSD is a private dental practice and is not a medical insurance provider. The Program is not a Qualified Health Plan under the Affordable Care Act.
SSD, through the Program, agrees to make certain services and supplies 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 SSD and for which the Member is solely financially responsible. Member understands that all payments to SSD are due and payable at the time of service, unless another payment arrangement is mutually agreed upon between the Member and SSD. Members will be subject to SSD’s late payment and other office policies. In the event any of the terms and conditions hereof are violated by Member, Member’s participation in the Program may be terminated immediately.

2. MEMBERSHIP TERM
Once the initial semi-annual/annual fee for Membership in the Program (“Membership Fee”) and the membership application are received, the Member, and his/her participants, will be entitled to all discounted dental services for the time from process of payment until termination of the Membership (“Membership Term”). Member will receive a Program activation notice that will state the Membership Term for the Member. Benefits will be available to Member from the start of the Membership Term and the Program, including this Agreement, will remain in force as long as Member continues to pay all of the required Membership Fees and otherwise complies with the terms of this Agreement. Members may select from Membership Terms offered at the time of activation which may include semi-annual or annual options. Member may change the Membership Term by calling SSD before the new Membership Term at the number located above or by requesting a change by mail or e-mail at the addresses above. No request for change is binding upon SSD until confirmed by SSD.

3. AUTOMATIC RENEWAL OF MEMBERSHIP TERM
YOUR MEMBERSHIP WILL BE AUTOMATICALLY RENEWED TWO (2) WEEKS PRIOR TO THE EXPIRATION DATE OF YOUR MEMBMBERSHIP TERM.
At the conclusion of your Membership Term, Membership in the Program will be renewed automatically unless the Member notifies SSD, either by telephoning SSD at the number above or by providing written notification to SSD before the new Membership Term, that he/she wishes to cancel his/her Membership in the Program.
In the event that your initial membership order is paid in the form of an electronic payment (credit card or electronic check for the withdrawal of funds from your checking account), the
automatic renewal will also be charged to the same credit card or checking account provided with your initial membership order.
If the Member either fails to notify SSD that the Member is terminating the Membership, Membership in the Program will be renewed automatically and the Membership Fee for an additional term will be charged against the Member’s credit card or by debit to the Member’s checking account, as applicable. If the Member paid for the previous Membership by check, then he/she will be sent a bill for the Membership Fee. Should a Member have any questions concerning the program, or the continuation or cancellation of Membership, he/she should telephone SSD directly.

4. COMPLAINT PROCEDURE
Any complaint regarding Program Membership should be directed to SSD at the telephone number above or in writing to the address shown above.

5. MEMBERSHIP PAYMENT/BILLING
Unless payment is made by check (other than a direct debit), payment of the initial Membership Fee and/or any renewal Membership Fee will be made automatically by a charge against the Member’s credit card or by a debit to the Member’s checking account (depending on the payment option authorized by the Member) for the full amount of the Membership Fee for the Membership Term. Members who chose to pay Membership Fees by a direct charge against the Member’s Credit card or by a direct debit to the Member’s checking account statement may not receive notice from SSD of a subscription payment due, rather the Member will be notified of the billing on his/her credit card or checking account statement. Each Member hereby authorizes SSD to bill and receive payment for the Membership Fee as set forth in this Agreement. SSD 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 Program Membership.
Checks returned as unpaid (NSF) will be assessed a $25.00 service charge. Past due accounts that are not brought current within 15 days of the notice are subject to suspension, possible account termination, and collection.
In the event that the initial membership order is paid via regular U.S. Mail in the form of a paper check or money order, it is the responsibility of the Member to supply SSD with current payment information to process membership renewal. Payment options are limited to the following: credit card, electronic check withdrawal, or paper check or money order sent regular U.S. Mail.
In order for membership to continue without interruption, the renewal payment must be received two (2) weeks prior to the expiration date identified in the order confirmation. In the event that SSD attempts to automatically renew the Membership but is unable to do so due to the cancellation or inactivation of the Member’s credit card or other form of electronic payment, SSD will attempt to notify the member through the contact information on record. In all events, it is the responsibility of the Member to ensure that SSD has received payment for membership renewal two (2) weeks prior to the expiration date identified in the order confirmation. SSD is not responsible and assumes no liability to any Member for any Member’s failure to provide SSD with current payment information for Membership renewal.

6. MEMBER ACKNOWLEDGEMENTS
Membership in the Program and or Member’s rights or duties under this Agreement may not be assigned or delegated without the prior express written consent of SSD. Member agrees that he/she will use his/her Program Membership only for his/her personal benefit or for the benefit of his/her immediate family members, if such family members have been included in the Program. A Member’s violation of this paragraph may, at the discretion of SSD, result in immediate termination of the Program Membership. SSD bears no responsibility for the payment of or contribution to any use, sales or other tax that may be imposed on the dental services by any federal, state or other taxing authority. Payment of such taxes will remain the sole responsibility of the Member, as applicable. Member is responsible for paying SSD for all dental services rendered unless otherwise agreed upon by Member and SSD. 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.

7. PROGRAM DISCLAIMERS
THIS PROGRAM IS NOT INSURANCE AND IS NOT INTENDED TO REPLACE HEALTH INSURANCE. THIS PROGRAM IS NOT A MEDICARE PRESCRIPTION DRUG PLAN. THE PROGRAM, AS PROVIDED THROUGH SSD, PROVIDES DISCOUNTS AT SSD FOR DENTAL SERVICES PROVIDED BY SSD. SSD DOES NOT PROVIDE ALL DENTAL SERVICES AVAILABLE ON THE MARKET OR WHICH MAY BE NEEDED BY THE MEMBER. MEMBER MUST PAY FOR ALL SERVICES PROVIDED BY SSD, SUBJECT TO DISCOUNTS PROVIDED BY THE PROGRAM. SSD IS NOT AN INSURER OF ANY KIND. SSD 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 MERCHANDISE PURCHASED OR RECEIVED BY A MEMBER FROM SSD THROUGH HIS/HER MEMBERSHIP IN THE PROGRAM. MEMBER SHOULD NOT RELY SOLELY ON PROGRAM BENEFITS IN SELECTING A DENTAL SERVICE PROVIDER. THE
PROGRAM DOES NOT WARRANT OR GUARANTEE SATISIFACTION FROM SERVICES OR PRODUCTS PROVIDED BY SSD.

8. GENERAL RELEASE
Member acknowledges that the Program is offered to provide Members with discounted dental services through SSD and that SSD is a dental service provider only. Therefore, each Member, for himself/herself, and on behalf of any immediate family member who uses the services under the Program Membership (“Membership Participant”), agrees that SSD, by offering and administering the Program, is not responsible or liable for any financial loss or damage nor personal injury to any Membership Participant through his/her purchase and/or use of the Program. Further, SSD is not responsible or liable for any Membership Participant’s non-use of Program Benefits or failure to adhere to this Agreement.

9. 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 on file, or addressed to SSD at the address listed above.

10. ENTIRE AGREEMENT
This Agreement, along with the Terms of Use, Cancellation Policy, and Privacy Policy, which are hereby 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.

11. 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.

12. GOVERNING LAW AND JURISDICTION
This Agreement will be governed and construed in accordance with the laws of the State of Ohio regardless of any application or principles regarding conflicts of laws. Member agrees that the Hamilton County, Ohio Court of Common Pleas shall be the venue and jurisdiction for any legal or equitable action, claim, or suit relating to the Program, SSD, or this Agreement, unless expressly waived by SSD in writing.

13. 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.

14. AMENDMENT
Except as otherwise set forth in the SSD website Terms of Use, this Agreement may only be amended in a writing signed or otherwise electronically acknowledged by the parties.

15. WAIVER OF BREACH
A waiver by SSD of a breach of any provision of this Agreement will not be deemed a waiver by SSD of any other breach of the same or different provision.

SAPPHIRE MEMBERSHIP PROGRAM
CANCELLATION POLICY
If a Member wishes to terminate his/her Membership, the Member must provide notification to Seven Star Dental at least 30 Business Days before the new Membership Term commences. If the Member fails to notify Seven Star Dental that the Member is terminating the Membership, Membership in the Program will be renewed automatically and the Membership Fee for an additional term will be charged against the Member’s credit card or by debit to the Member’s checking account, as applicable. If the Member paid for the previous Membership by check, then they will be sent a bill for the Membership Fee.