Legal Notice, State Licensing, Terms & Conditions
Legal Notice & State Licensing
Welcome to ncd.com (referred to herein as the “Website” or “ncd.com”). The website is owned and operated by National Care Dental Health Plan LLC, a Texas limited liability company (DBA, “NCD”). NCD is a national marketing company, which currently markets dental and vision plans. NCD is not an insurance company and assumes no underwriting, insurance or claim reimbursement risk. Additionally, NCD does not process or manage insurance claims. The insurance products marketed by NCD are underwritten by insurance companies that are not affiliated with NCD and those insurance companies or others on their behalf manage insurance claims under the policies they issue.
NCD utilizes its sister company, NCD Agency LLC, a Texas limited liability company (NCD Agency, LLC), for enrollment services, billing services, and customer services for the products marketed by NCD. NCD Agency, LLC is a licensed insurance agency (state license information is provided in the Licensing section below). NCD Agency, LLC is not an insurance company and assumes no underwriting, insurance or claim reimbursement risk. Additionally, NCD Agency, LLC does not process or manage insurance claims. The insurance products enrolled by NCD Agency, LLC are underwritten by insurance companies that are not affiliated with NCD Agency, LLC and those insurance companies or others on their behalf manage insurance claims under the policies they issue.
The following Terms and Conditions of Use govern your access to and use of the Website including any page content, functionality, and services offered on or through the Website. Please read the Terms and Conditions of Use carefully before you start to use the Website. The terms “you” and “your” when used in these Terms and Conditions of Use means any visitor or user of the Website.
Conditions of Use
THESE TERMS AND CONDITIONS OF USE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITE (COLLECTIVELY, THE “MATERIAL”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.
THESE TERMS AND CONDITIONS OF USE FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY EXIT THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS OF USE.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NCD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. NCD DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED).
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
A “DISABLING DEVICE” IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.
SHOULD YOU PURCHASE A PRODUCT MARKETED BY NCD, THE TERMS AND CONDITIONS APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE. YOUR USE OF THE WEBSITE DOES NOT AFFECT THAT PURCHASE IN ANY MANNER.
Limitations on Authority
WHILE NCD USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NCD, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
YOU (AND NOT NCD OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS.
Third Party Content
NCD may distribute content supplied by third parties on the Website. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Website, are those of the respective author(s) or distributor(s) and not of NCD.
Privacy
Information that you provide to us or that we collect about you when visiting the Website will be treated in accordance with our Privacy Policy.
Legal Jurisdictions Only
The insurance products and services described on the Website are only for persons in those states and jurisdictions where such products and services may legally be sold. Unless otherwise expressly set forth herein, NCD makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so at their own initiative and are responsible for compliance with local laws. Some products and services may not be available in all jurisdictions and nothing on the Website shall be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.
Access to Password Protected or Secure Areas
Access to and use of password protected or secure areas of this Site are restricted to authorized persons only. Anyone
accessing or who attempts to access such areas without authorization may be subject to prosecution.
Ownership of Information
If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of NCD. None of the Submissions shall be subject to any obligation of confidentiality on the part of NCD, and NCD shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, NCD shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Copyrights and Trademarks
All Material included on the Website, except third party content as referenced above, is the property of NCD and is protected by United States and international copyright laws. No portion of the Material on the Website may be reprinted or republished in any form without the express written permission of NCD or, with respect to third party content, its respective owner. You may download Material from this Website for your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Website for any purpose; or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
Existing Insurance Coverage
If you intend to purchase insurance, do not cancel any existing insurance until you receive written confirmation from the insurance company to which you are applying that your new policy is in effect.
Your Account
If you have an account on the Website, you are entirely responsible for maintaining the confidentiality of your account password and for all use of your account username, password, and profile. You agree to accept responsibility for all activities that occur under your account or using your password. Further, by accessing and using the Website and any Software (as defined below), you warrant that you are considered an adult under applicable state law and possess the legal authority to access and use the Website and any Software. NCD reserves the right to refuse service, terminate accounts or remove or edit content in its sole discretion.
External Links
The Website may contain links to other websites not owned, maintained or hosted by NCD (“External Sites”). Any links to External Sites are provided by NCD as a courtesy. IF YOU USE ANY LINKS PROVIDED IN THE WEBSITE TO ACCESS EXTERNAL SITES, YOU WILL LEAVE THE WEBSITE. THE EXTERNAL SITES ARE NOT UNDER THE CONTROL OF NCD AND NCD IS NOT RESPONSIBLE FOR THE AVAILABILITY OF THESE EXTERNAL SITES NOR DOES IT ENDORSE OR IS IT RESPONSIBLE FOR ANY OF THE CONTENTS, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON SUCH EXTERNAL SITES. UNDER NO CIRCUMSTANCES SHALL NCD BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON ANY SUCH EXTERNAL SITE. Any concerns regarding any link to an external site should be directed to that respective website, rather than to NCD. By including a link to an external site in the Website, NCD does not expressly state or imply that it has authorization from the owner of such site to link to it. Should you visit an external site from a link found on the Website, you do so at your own discretion and at your own risk.
Locality
NCD manages and controls the Website from its offices located in Texas (United States of America). NCD makes no representation that the Information or other materials in the Website are appropriate or available for use in other locations. If you choose to access the Website outside of the state of Texas through your own initiative, to the extent the local laws in the geographic region in which you are located are applicable to your access of and activities on the Website, you are responsible for compliance with such local laws.
General
NCD shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Website or any portion of the Website. NCD may also change any of the terms and/or conditions set forth in these Terms and Conditions of Use and any subsequent use of the Website by you constitutes your agreement to such changed terms and/or conditions. If you object to any such changes, your sole and exclusive remedy shall be to discontinue your use of the Website. Any rights not expressly granted herein are reserved to NCD.
Miscellaneous
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any principles of choice of law or conflicts of law that would require the application of the laws of a jurisdiction other than the State of Texas. Venue for all disputes will be the Federal and State courts located in Austin, Texas. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof; and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Software License
Any software that is made available for use through the Website or to download from the Website (“Software”) is owned or licensed by NCD and/or its suppliers and is subject to U.S. and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to using and/or downloading the Software (the “License Agreement”). The Software is made available for use and/or downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of any Software not in accordance with the applicable License Agreement is expressly prohibited by law; and may result in severe civil and criminal penalties. Violators will be prosecuted to the extent permitted by applicable law. Without limiting the foregoing, copying or reproduction of any Software to any other server or location for further reproduction or redistribution is expressly prohibited. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, NCD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Export Controls
Any Software that is made available for use through the Website, or to download from the Website, is further subject to United States of America export controls. No such Software may be used, downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country or region to which the U.S. has embargoed goods and/or services; or (ii) by or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or region or on any such list.
Exclusions and Limitations
You agree to indemnify, defend and hold harmless NCD, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone accessing your account using your password) submit through the Website, (2) your violation of these Terms and Conditions of Use or applicable law, (3) your (or anyone using your account’s) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website.
Indemnification
You agree to indemnify, defend and hold harmless NCD, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone accessing your account using your password) submit through the Website, (2) your violation of these Terms and Conditions of Use or applicable law, (3) your (or anyone using your account’s) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that NCD may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Termination
You agree that NCD, in its sole discretion, may terminate your access to the Website, Material or Software without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU AGREE THAT NCD SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE, MATERIAL OR SOFTWARE. The provisions of these Terms and Conditions of Use titled “Disclaimer of Warranties”, “Limitations on Authority”, “Third Party Content”, “Ownership of Information”, “Copyrights and Trademarks”, “Your Account”, “External Links”, “General”, “Miscellaneous”, “Exclusions and Limitations”, “Termination”, and “Violations of Terms and Conditions of Use” shall survive any termination of your access to the Website, Material or Software.
Violations of Terms and Conditions of Use
NCD reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to the Website, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.
Licensing
The enrollments on this website are made available to you by the following licensed agent in each respective state which require insurance transactions to be conducted through a licensed agent. The agent is associated with NCD with principal places of business listed below.
NCD Agency, LLC (California DBA: Dental and Vision Insurance Agency)
1201 N. Riverfront Rd. Suite 150
Dallas, TX 75207
STATE
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
LICENSE #
3001323927
3001336957
3001323925
3001323900
6005135
693072
2725510
3001323905
3001323923
L113418
218811
851971
3001323914
3676875
3001323991
863581753-000
1136166
915459
AGN384220
3001323932
132983
40743315
15040900
3001341239
3001323912
3001323946
3674589
3001323965
3001323950
3001359047
1670599
3001323899
3001323915
1365443
3001323961
33001337047
1006340
3001323937
33001323962
10028351
3001323996
2673444
851848
3674298
151447
1105189
3001324129
3001323945
466426
