Orange Dental Network
Orange Dental Network​
This Membership Agreement, hereinafter referred to as “Agreement,”is made between Orange Dental Network (“Organization”), a dental savings company, organized under the laws of the state of Florida, having its principal place of business at the following address:
912 South Ridgewood Avenue
Suite A
Daytona Beach, FL 32114
(386) 317-0000
and the following member (“Member”), the current individual agreeing to the terms of this Agreement.
Organization and Member may be referred to individually as “Party” and collectively as the “Parties.”
WHEREAS, the Organization is designed for the following purpose, elaborated on more fully below:
Dental savings; and
WHEREAS, the Member would like to join Organization and acknowledge and agrees to be bound by the terms
and conditions listed herein;
NOW, THEREFORE, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do agree as follows:
Article 1- Membership
This Agreement forms a legally binding agreement between Member and Orange Dental Network and governs the Member’s access and use of Orange Dental Network’s services (the “Membership Services”). This Agreement also covers the Organization’s provision of services (the “Membership Services”). Hereinafter, “you” and other third-person pronouns will refer to Member.
BY ACCESSING OR USING ANY OF THE MEMBERSHIP SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE MEMBERSHIP SERVICES, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY OF THE MEMBERSHIP SERVICES.
Article 2- Membership Services
The Membership Services provided by Orange Dental Network are as follows: To provide the members with a list of dental providers enrolled in the dental discount plan. Members can login to the website at www.orangedentalnetwork.com to check the provider list.
Article 3- Fees
Fees for membership
The Member will be responsible for the payment of fees (“Fees”) to the Organization each year. The yearly fees will be $20 (twenty US dollars).
The payments will be due every year until cancellation. You are signed up for automatic renewals. It is your responsibility to login to your Mindbody account and cancel the renewal prior to the next recurrent charge.
A nonrefundable processing fee of the following amount is required: $20 (twenty US dollars).
In the first year, refunds are not applicable as there is a $20 processing fee. We waive membership yearly fees in the first year.
In years two and beyond, refunds will be made on a prorated monthly basis.
Refunds will take 30 days to process and must be made prior to the month of intended cancellation.
Fees may change at any time and may increase at any time.
Fees for services
Discounted dental fees are at the discretion of Orange Dental Network. Fees may change at any time and may increase at any time. Notification of these fee changes may be posted to the website www.orangedentalnetwork.com. Notification of these fee changes will not be made available to the patients by Orange Dental Network. The fee discussion will be the responsibility of the dental office in which the patient decides to visit.
Patients may not stack benefits with insurance plans or discount plans. Either Orange Dental Network or the insurance plan fees will be utilized.
I acknowledge that the Orange Dental Network is a Discount Plan Organization in which:
I. The plan is not insurance
II. The plan provides discounts at certain health care providers for medical services.
III. That the plan does not make payments directly to the providers of medical services.
IV. That the plan member is obligated to pay for all health care services but will receive a discount from those health care providers who have contracted with the discount plan organization.
Article 4- Termination
This Membership Agreement shall continue until terminated by either Party.
The Member may cancel at any time by logging in to their Mindbody account. Canceling online is the fastest way to cancel a membership. If a member calls Orange Dental Network at 386-317-0000 the member may leave a message to cancel their membership. The member may also provide a written notice to Orange Dental Network, 30 days before the next billing cycle. Refunds may take 30 days to process and must be made prior to the month of intended cancellation. Members are responsible for canceling auto-renewal.
This Agreement may also be immediately terminated in the event that there is a breach of the terms of this Agreement by either Party. This Agreement will also immediately terminate upon the death of the Member, the inability of the Member to pay the Fees required, the liquidation, dissolution or discontinuance of the Organization by the Organization in any manner, or the filing of any petition by or against the Organization under federal or state bankruptcy or insolvency laws.
Article 5- Limited License
Member acknowledges and agrees that the Organization’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organization or its affiliates, licensors, or suppliers.
The Member acknowledges and agrees that the source and object code of certain Membership Services and the format, directories, queries, algorithms, structure, and organization of the same are the information of Organization and its affiliates, licensors, and suppliers.
The Member expressly agrees not to do anything inconsistent with Organization’s ownership of all of the intellectual property discussed herein. Member further agrees that there are no rights, title, or interest in or to any Membership Services, except as stated in this Agreement, Member is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Orange Dental Network or any third party.
Article 6- Restrictions
You are prohibited from, and expressly agree that you will not:
(i) circumvent or disable any content protection system or digital rights management technology
used with any Membership Services;
(ii) decompile, reverse engineer, disassemble or otherwise reduce any Membership Services to a human-readable form;
(iii) remove identification, copyright, or other proprietary notices in or on the Membership Services
(iv) access or use any Membership Services in an unlawful or unauthorized manner, or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity;
(v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Membership Services or any part thereof, except as expressly authorized in this Agreement or as part of the Membership Services provided to you;
(vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Membership Services or connected network, or interfere with any person or entity’s use or enjoyment of any of the Membership Services;
(vii) access, monitor or copy any element of the Membership Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or
(viii) sell, resell or make commercial use of the Membership Services, unless you have an executed agreement with us that expressly allows for such activity.
Article 7- Third-Party Services
Certain Membership Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content and/or materials (“Third-Party Services”). We do not control any Third-Party Services. We additionally make no claim or representation regarding the third-party services and accept no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from our websites, application, software or any other element of the Membership Services. There is no implied affiliation, endorsement, or adoption by the Organization of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.
Article 8- Member Consents
Member agrees to hold the Organization, its owners, affiliates, and representatives, harmless from any damage, whether tangible or intangible, that may happen to Member while participating in the Membership Services.
The Member agrees that the Organization offers its membership program with no guarantee of results of any kind. The Member agrees that any results that occur during their membership, whether positive or negative, are the effects of Member’s own personal choices.
The Member agrees and verifies that all of the information they have given the Organization and its representatives is accurate, up to date, and without the omission of any requested information.
The Member agrees and verifies that even if they have omitted any necessary personal information, whether knowingly or unknowingly, they will hold the Organization harmless against all liability for any damages that may occur to Member or others because of the Member’s actions or inactions.
The Member agrees to notify Orange Dental Network of any changes or upcoming changes concerning their personal information.
The Member agrees to review and abide by the Privacy Policy and Terms of Use posted on orangedentalnetwork.com.
Article 9- Assumption of Risk
The Member agrees and understands that their participation in the Membership Services may involve risks. These risks may lead to tangible or intangible harm, and the Member agrees that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, the Member chooses, of their own will and volition, to continue participating in the Membership Services.
Article 10- Representation
The Member agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement.
Article 11- Entire Agreement
This Agreement constitutes the entire understanding between the Member and the Organization with respect to any and all use of the activities and facilities. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties’ relationship.
Article 12- Counterparts
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.
Article 13- Survival
Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 14- Severability
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
Article 15- Dispute Resolution
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state notes in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal laws as well as the law of Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organization will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement waive any rights they may have to a jury trial in regard to arbitral claims.
Article 16- Governing Law
This Agreement shall be governed by and construed in accordance with the internal laws of Florida without giving effect to any choice or conflict of law provision or rule. Each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Volusia.
Article 17- Notices
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to Orange Dental Network at the address set forth on the first page of this Agreement. All notices shall be delivered at the address which the parties may designate to each other, personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement. A Notice is effective only if (a) the receiving Party has received the Notice and (b) the Party giving the Notice has complied with the requirements of this Section.
If a patient requests content by postal mail (including the membership agreement), an appropriate charge will be determined for the labor and the shipping of the requested items.
Information will be emailed to members and the members are responsible for reading their email. Members are responsible for viewing the website.
Article 18-Waiver of Liability and Hold Harmless Agreement
In consideration of receiving permission to utilize the dental savings program located within the Orange Dental Network located at:
912 South Ridgewood Avenue
Suite A
Daytona Beach, FL 32114
(386) 317-0000
I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Orange Dental Network and its officers, servants, agents, or employees (hereinafter referred to as “RELEASES”) from any and all liability, claim, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASES, or otherwise, while participating in such membership.
I understand that Orange Dental Network does not have the ability to control the work practices and privacy policies of Mindbody. Orange Dental Network will not be held liable for any breaches of privacy, including personal health information and credit card information that is a result of information being made available on Mindbody.
I understand that Orange Dental Network does not have the ability to control the work practices and privacy policies of third party marketers as well as in-network and out of network dental offices. Orange Dental Network will not be held liable for any breaches of privacy, including personal health information and credit card information that is a result of information being made available to third parties.