The use of the Delta Dental website (the "Website") is subject to the terms and conditions stated herein. Use of the Website 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 Website may be jeopardized by, your use of this Website in breach of these terms and conditions. This Website may only be accessed by and for current subscribers.
Ownership of copyrights/usage restrictions
The works of authorship contained in this Website, 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 and their subsidiaries and affiliates (collectively, "Delta Dental"). The entire contents of this Website are protected by United States and worldwide copyright laws and treaty provisions.
You may download one copy of the materials on this Website 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 websites may not:
If you download software from this Website, 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.
THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS WEBSITE 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 WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE 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 WEBSITE 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 WEBSITE 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 WEBSITE, 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 WEBSITE OR ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR VIA THIS WEBSITE.
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 website to which the Website may link, including information on such other website regarding Delta Dental. By providing access to other websites, Delta Dental is not endorsing the products and services provided by any website's sponsoring organization.
Other websites may include a link to this Website; provided such sites link to the home page (www.deltadental.com) only. Linking to other content within the Website 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 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.
Operation of the website
Delta Dental will use reasonable commercial efforts to keep this Website 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 Website will be error-free, that defects will be corrected, or that this Website 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 Website 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 Website at any time without prior notice. The information and materials contained in this Website - 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 Website pages. If you use this Website 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 Website.
Copyright © 2011 Delta Dental Plans Association. All rights reserved.