Terms of Use Version: 1283289566000

SUBSCRIBER TERMS AND CONDITIONS OF USE

The use of the Delta Dental web site (the "Web Site") is subject to the terms and conditions stated herein. Use of the Web Site constitutes an agreement by you, the subscriber, that your use is governed by these terms and conditions. You may be held liable under federal, state or local laws for, and your ability to participate in the Delta Dental Plan and/or use this Web Site may be jeopardized by, your use of this Web Site in breach of these terms and conditions. This Web Site may only be accessed by and for current subscribers.

Ownership of Copyrights/Usage Restrictions

The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated herein, by Delta Dental Plans Association and its members, subsidiaries and affiliates (collectively, "Delta Dental"). The entire contents of this Web Site are protected by United States' and worldwide copyright laws and treaty provisions.

You may download one copy of the materials on this Web Site for your personal, non-commercial use; provided that you do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice.

In accordance with these terms, except as stated above, you and other web sites may not:

Copy, reproduce, modify, use, republish, upload, post, transmit or distribute in any way, any material from the Web Site.

Copy, modify or display trademarks, names or logos appearing on this Web Site in any way without Delta Dental's prior express written permission.

Redeliver any of the pages, text, images or other content of this Web Site using "framing" technology without Dental Dental's prior express written permission.
Software

If you download software from this Web Site, the software, including all files, images contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Delta Dental. Neither title nor intellectual property rights are transferred to you, but remain with Delta Dental, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. You acknowledge that the terms of this Section are reasonable and necessary and you agree that actual or threatened breach by you of said terms will entitle Delta Dental to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.

Disclaimer

THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS WEB SITE ARE PROVIDED BY DELTA DENTAL "AS IS." DELTA DENTAL MAKES NO AND DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, ALTHOUGH DELTA DENTAL BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE WEB SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, DELTA DENTAL CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE WEB SITE IS ACCURATE, COMPLETE, OR CURRENT, AND DELTA DENTAL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR RESULTS OBTAINED FROM THE USE THEREOF.

Limitation of Liability

DELTA DENTAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF DELTA DENTAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS WEB SITE OR ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR VIA THIS WEB SITE.

Third Party Links

You may, through hypertext or other computer links, gain access to third parties sites on the World Wide Web which are not related to or maintained by Delta Dental. Delta Dental is not affiliated with such third parties and takes no responsibility for the content therein, regardless of whether the link is provided by Delta Dental or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any web site to which the Web Site may link, including information on such other web site regarding Delta Dental. By providing access to other web sites, Delta Dental is not endorsing the products and services provided by any web site's sponsoring organization.

Other web sites may include a link to this Web Site; provided such sites link to the home page (www.deltadental.com) only. Linking to other content within the Web Site is prohibited without Delta Dental's prior express written consent. This limited license expressly prohibits the framing of Delta Dental content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation.

Your Privacy

Delta Dental recognizes that you have an interest in how we collect, retain and use information about you. At Delta Dental, we collect information about you when you set up your user account and when you visit certain Delta Dental Web pages. We collect such information about you through the use of "cookies," which are small pieces of information that are stored by your browser on your computer's hard drive. Once you register with us, you automatically consent to the collection and use of this information, as well as to the transmission of inquiry information. At Delta Dental, we consider your personal health information to be private and confidential. Delta Dental will not release such information (i) unless we receive your prior consent; (ii) we are required by law to release information to the recipient; or (iii) except to a successor in interest to our business. A more detailed description of Delta Dental's HIPAA Privacy Policy can be found by clicking here.

Your Account ID and Password

You are responsible for maintaining the confidentiality of your account ID and password and for restricting access to your computer. The "cookie" used to authenticate your account ID and password expires at 12 a.m. of each day, requiring you to enter your account ID and password once per day. You agree to accept responsibility for all activities that occur under your account ID or password, including without limitation, maintaining the confidentiality of all data accessed thereby. In addition, you are required to immediately notify Delta Dental in the event you suspect any unauthorized use of your account ID or password. Delta Dental reserves the right to refuse service, terminate accounts, remove or edit content, in its sole discretion.

Submissions

All remarks, suggestions, ideas, graphics, or other information provided by you through this Web Site (together, the "Submission") will forever be the property of Delta Dental. Delta Dental will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Delta Dental operations. Without limitation, Delta Dental will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Delta Dental will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable health information that may be received at this Web Site is provided voluntarily by a visitor to this Web Site and is subject to our HIPAA Privacy Policy. Therefore, the above right to use Submissions is also subject to our HIPAA Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Delta Dental, have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright.

Operation of the Web Site

Delta Dental will use reasonable commercial efforts to keep this Web Site available for access on a 24 hour a day, seven day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Delta Dental does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components. You (and not Delta Dental) assume the entire cost of all necessary servicing, repair or correction of your property.

Enforcement of Terms and Conditions

Delta Dental makes no representation that content provided is applicable or appropriate for use in all locations. These terms and conditions are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If you use this Web Site from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these terms or your interactions with or relationship to Delta Dental, you agree to file such action only in the state and federal courts located in Cook County, Illinois. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. The failure of Delta Dental to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision.

Amendments and Modifications

Delta Dental reserves the right to amend the information, services, and/or content of this Web Site at any time without prior notice. The information and materials contained in this Web Site - and the terms and conditions of the access to and use of such information and materials - are subject to change without notice. We suggest that you check these terms periodically for changes. These terms can be accessed from the link at the bottom of our Web Site pages. If you use this Web Site after we post changes to the terms, you accept the changed terms. Delta Dental expressly reserves the right to monitor any and all use of this Web Site.

Copyright © 2011 Delta Dental Plans Association. All rights reserved.
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