The following terms and conditions (Terms) govern your enrollment and participation in a dental membership plan (Dental Membership Plan) being offered by Dr. Zak Dental Care (Dentist). These terms and your enrollment in a Dental Membership Plan constitute a binding agreement between you and Dr. Zak Dental Care (the Agreement). If you do not agree to these Terms, do not enroll in this Dental Membership Plan. THE DENTAL MEMBERSHIP PLAN IS NOT AN INSURANCE PLAN AND IS NOT INTENDED TO REPLACE DENTAL INSURANCE. THE DENTAL MEMBERSHIP PLAN IS NOT A QUALIFIED HEALTH PLAN UNDER THE AFFORDABLE CARE ACT OR A MEDICARE PRESCRIPTION DRUG PLAN. THE MEMBERSHIP FEE IS NOT AN INSURANCE PREMIUM. NEITHER THE DENTAL MEMBERSHIP PLAN, OR THE DENTIST OFFERING THE DENTAL MEMBERSHIP PLAN, ARE LICENSED INSURERS, HEALTH MAINTENANCE ORGANIZATIONS, OR OTHER UNDERWRITERS OF HEALTH CARE SERVICES.

2. ACCOUNT SIGN-UP. To enroll in a Dental Membership Plan using the zakdental.com online platform, you must open an account (the Account). You represent that all information you provide during the Account sign-up process and at any time thereafter, for yourself and for all family members (collectively, the Account Information), will be true, accurate, complete, and current, and that you will promptly update your Account Information as necessary such that it is, at all times, true, accurate, complete, and current. The Plapfrom will use and maintain your Account Information subject to and consistent with the terms set forth in our Privacy Policy. The Agreement incorporates the terms and conditions set forth in our Privacy Policy. By accessing the zakdental.com online platform and/or participating in the Dental Membership Plan, you are consenting to have your personal data and the personal data of your family members used by us as set forth in the Privacy Policy. You may enroll your spouse under your Account. You also may enroll dependent minors in the Dental Membership Plan, provided that you are the legal parent or guardian for each individual enrolled under your Account. To create an Account, you must be 18 years or older, have a unique email address, and have a payment method registered with the zakdental.com online platform. You will be required to provide your name and email address and to create a password. To access the Account, the email address and password will be required. As the Account holder, you should not reveal the Account Information to anyone else. You are responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur on or through the Account.

3. PAYMENT TERMS AND PROCESSING. The Dentist offering the Dental Membership Plan that you choose will specify available payment plans, such as paying month-to-month or paying annually. In each case, Membership Fees will be due in advance, and your payment method on file will be billed accordingly. The zakdental.com online platform uses a third-party payment processor to collect and process all payments. In order to make payments you may be required to agree to the third-party terms and conditions and/or privacy policy. You are responsible for the timely payment of all fees. You agree that the zakdental.com online platform may process payment for all Membership Fees associated with the Dental Membership Plan that you choose using the payment method (e.g., credit card, debit card, etc.) that you have provided in your Account Information. It is your responsibility to notify your Dentist if your payment method has changed. If you do not provide a valid payment method, or if your designated payment method is determined to be inactive for any reason, your Dentist may immediately discontinue your enrollment in the Dental Membership Plan. You agree not to cause your credit or debit card company to reverse or chargeback any fees charged in accordance with this Agreement; and in the event you do so, we and/or your Dentist may terminate your enrollment in the Dental Membership Plan, and you agree to reimburse us and/or your Dentist for any costs incurred in responding to such chargeback, including, without limitation, our and your Dentists actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our and your Dentists employees spend on the matter as determined in our or your Dentists discretion in good faith. Your Dentist may increase the Membership Fee of the Dental Membership Plan from time to time. You will receive an email notification to the email address you registered on the zakdental.com online platform of any such increase in fees no less than thirty (30) days before the new rate becomes effective. If you do not agree to the increase(s), you may cancel your membership. By establishing an Account and enrolling in a Dental Membership Plan through the zakdental.com online platform, you authorize the Dentist in whose Dental Membership Plan you are enrolling to bill for the monthly Membership Fee or annual Membership Fee. If your payment method on file or billing information changes, it is your responsibility to provide updated information to us on a timely basis. Your zakdental.com online platform / Member Account dashboard will include real-time data with respect to your enrollment information, including the beginning of the current enrollment period and a history of your payments of Membership Fees.

4. LIMITATIONS. Not all dental services are Included Services under the Dental Membership Plan. Only those specifically listed by your Dentist as Included Services are provided by your Dentist at no additional charge to you. If you require any dental services that are not Included Services, you are responsible for paying your Dentist for those Non-Included Services at the rates established by your Dentist. You may also be subject to a Dentists late payment fee and other applicable office policies. Any disputes over the fees charged by dentists must be addressed directly with the Dentist. Use of the zakdental.com online platform requires compatible devices, internet access, a unique email address, and certain software; and may be affected by the performance of these factors. You agree that meeting these requirements, which may change from time to time, is your responsibility. We do not represent or guarantee you will be able to access the zakdental.com online platform at all times.

7. COMPLAINTS. All complaints about the dental services provided by the Dentist, the fees you were charged, or any other dissatisfaction with a Dentist, must be addressed directly with the Dentist. You may submit your complaint via our online help request system or by contacting our team via email.

8. GOVERNING LAW; ARBITRATION. The Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of those laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Los Angeles, California, in accordance with N.C. Gen. Stat. 1-569.1 et seq. (the Uniform Arbitration Act) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of California, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to the Agreement shall be brought and heard either in the California state courts located in Los Angeles, California, or the federal district court located in Los Angeles, California. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by first class mail, and shall be deemed effectively given upon receipt.

9. CHANGES TO THESE TERMS AND CONDITIONS. Dr. Zak Dental Care reserves the sole right at any time to modify, discontinue, or delete portions of these Terms. We will notify you of any material changes to these Terms by email to the email address that you have registered on the zakdental.com online platform. It is your responsibility to check your email periodically for changes to the Terms. If you do not agree with the new Terms, you must cancel your membership and stop using the zakdental.com online platform Services. Your continued use of the zakdental.com online platform, the zakdental.com online platform Services and/or the Dental Membership Plan after any changes to these Terms constitutes your acceptance of the revised Terms and Conditions.