Terms & Conditions of Use

Last updated May 8, 2024

Your use of Wyssta Services, Inc.’s (“we”, “us”, or “our”) website and the services made available on the website (collectively, the “Website”) is expressly conditioned upon you accepting and agreeing to these Terms of Use. By using the Website, you acknowledge your assent to these Terms of Use without limitation or qualification. If you do not agree to these Terms of Use, you must immediately stop using the Website.

We reserve the right to modify or discontinue portions or all of the Website or any content or materials contained on the Website at any time without prior notice. In addition, we may change these Terms of Use from time to time. If we do, we will post an amended version on the Website, and the change will be effective immediately upon posting. Please review these Terms of Use before using the Website and periodically.

1. License to Use the Website

Subject to these Terms of Use, you are granted a personal, non-exclusive, revocable, non-transferrable license to use the Website and view the content, materials, and information available on the Website for your personal and non-commercial purposes. You also have the limited right to view, bookmark, download, and print, for your personal and non-commercial purposes, those pages of the Website that interest you, subject to any other terms and conditions in these Terms of Use or on the Website. Except as is specifically allowed in these Terms of Use, you will not copy, reproduce, modify, delete, use, republish, upload, post, transmit, sell, resell, license, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Website or any software or materials obtained from or through the Website.

All trademarks, service marks, trade names, logos, and icons are proprietary to or licensed by us. Nothing contained on the Website should be construed as granting any license or right to use any trademark displayed on the Website without our express written permission. You will also not delete or change any copyright or trademark notice on the Website.

Images displayed on the Website are the property of or used with permission by us. You may not use these images without our express written permission. Any unauthorized use of the images may violate copyright, trademark, privacy and publicity, and communications laws.

2. Your Conduct on the Website

To protect you, other users, and the Website, you agree that you will not:

(a)          Use the Website for any unlawful or abusive purposes, including without limitation violating any of our or any third party’s intellectual property rights and posting or distributing any harmful or malicious code or programming devices (e.g., viruses, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Website or any software or hardware.

(b)          Attempt to gain unauthorized access to our network or computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.

(c)          Bypass measures we use to prevent or restrict access to the Website or violate the security or authentication measures of the system.

(d)          Use automated means, such as spiders, robots, crawlers, or data mining tools, to download data from the Website or engage in any other automated use of the Website.

(e)          Use the Website to post, transmit, or submit any threatening, false, misleading, deceptive, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, unsafe, or profane material or any other material that could constitute or encourage the violation of any law or give rise to civil liability.

(f)           Provide personal information that is false, inaccurate, misleading, or fraudulent.

3. Information Made Available by Us

Unless otherwise expressly stated, the information and materials provided on the Website are intended for informational purposes and general reference only. We do not represent, guarantee, or warrant that the materials accessible on or via the Website are accurate, correct, complete, reliable, or current, and we are not responsible for any errors or omissions therein or any consequences resulting from your reliance thereon. Further, nothing on the Website should be construed as rendering tax, legal, investment, accounting, financial, medical, or treatment advice.

(a)          Insurance Products and Services

Unless otherwise expressly stated, information and materials regarding our insurance products or services are for informational purposes only and do not constitute an offer to sell or buy any product or service referenced or described on the Website. That information does not and those materials do not describe all of the terms, conditions, and exceptions applicable to our insurance products and services. All insurance coverage is subject to the terms and conditions contained in the insurance policies issued.

Insurance product availability and coverage terms and conditions may vary based on your individual circumstances and on the laws of the state in which you reside. If we expressly offer to sell or buy a product or service on the Website, the offering is specifically limited to the state(s) in which we and/or our customers offering such products and services on the Website have the authority to make the offer and be bound.

(b)          Third Party Links

We offer links to other websites operated by third parties for informational purposes only. We make no representation regarding the content, accuracy, completeness, timeliness, or suitability of any third party link or website that you may access through the Website, and we are not liable for any damages or injury arising from your access to or use of that content. The third party websites are maintained by their respective organizations and those organizations are solely responsible for the content and accuracy of those links and websites.

(c)          Healthcare Providers Search Function

The Website allows you to conduct searches of various healthcare providers by location, specialty, participation status and other parameters. The information regarding such healthcare providers is obtained from such providers through the Delta Dental member companies (i.e. independent companies that are members of the Delta Dental Plans Association, herein the “Delta Dental Companies”), and such information is not independently substantiated by us. Inclusion of healthcare providers in the Website’s database or providing a profile page or other contact information for a healthcare provider on the Website is not intended to imply a recommendation or endorsement, nor does omission imply disapproval.

All information on a healthcare provider’s profile page is the sole and exclusive responsibility of the individual provider or the Delta Dental Companies. You should confirm with each healthcare provider his or her credentials, participation status, qualifications, and abilities. We do not review, verify, endorse, or agree with any such information, and your reliance on such information is at your own risk. In addition, you acknowledge that we do not screen, evaluate, perform background checks on, confirm qualifications of, recommend, or endorse any healthcare provider. It is your responsibility to research a provider and determine their qualifications.

(d)          WE DO NOT PROVIDE MEDICAL ADVICE

We do not offer dental or other medical advice. The content, information, and materials provided on the Website cannot, and are not intended to, replace the relationship that you have with your health care providers and shall not be construed, directly or indirectly, as the practice of medicine or dentistry or the dispensing of any medical or dental advice. You should always talk to your health care providers for diagnosis and treatment, including information regarding which treatment may be appropriate for you. You should not disregard medical or dental advice or delay seeking medical or dental advice as a result of any information that does not come directly from your healthcare provider.

4. Availability

We will use reasonable commercial efforts to keep the Website available for access, subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and system outages. We do not guarantee that the Website will be accessible or available at all times or that access will be uninterrupted.

5. Privacy and Security

The privacy and security of customer data is as important to us as it is to you. Physical safeguards, procedural controls, and data access controls protect your data from unauthorized attempts of intrusion. For general information regarding our privacy practices in connection with the Website, please review our privacy statement (available here). For more information regarding the use and protection of your medical information, please review the privacy notice for the state in which you reside (available here).

6. Secure Areas

Some portions of the Website are restricted and require authorization for access. Unauthorized access to or use of restricted areas on the Website is prohibited, and attempts to access such areas without authorization may be viewed, monitored, and recorded. Any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on the Website. If you are not an authorized user of any such areas or do not consent to continued monitoring, you should not attempt to access such areas.

For the portions of the Website which require a username and password for access, you agree to the following:

(a)          Your username and password allow access to sensitive information; you will keep your username and password confidential, not share them with or make them available to anyone, and not allow another person to use them. You will notify us immediately if you believe someone else has learned your username and password or if you believe unauthorized access has occurred or may occur.

(b)          You are responsible for all activities that occur as a result of the use of your account ID or password, whether or not you authorize such activity. We are authorized to (1) assume that any instructions received under your username and password are instructions from you and (2) act on instructions received under your username and password without any requirement to question those instructions.

(c)          You will not use a username or password that does not belong to you.

7. Email and SMS Transmissions

Email submissions over the Internet and SMS transmissions to us may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing or texting any information. When you provide us with an email address or phone number for information delivery or otherwise request a non-secure delivery of information, we are not responsible for any misuse or unauthorized viewing of that information to the extent permitted by law.

8. Your Age

You certify that you are either 18 years old or older, or, if you are between the ages of 13 and 17 you have obtained the consent of your parents or legal guardian, and are able and competent to give us the rights detailed in these Terms of Use and to comply with these Terms of Use. Children under the age of 13 are not permitted to use the Website.

9. Limitation of Liability; Disclaimer of Warranties

WE PROVIDE THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS; TAKE NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, OR APPLICABILITY OF THE INFORMATION; AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT REPRESENT THAT THE FUNCTIONS OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, ANY SERVER, OR ANY E-MAIL/SMS SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT FOUND ON THE WEBSITE OR (B) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. WE ALSO ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY CAUSED BY ANY VIRUS AS A RESULT OF YOUR ACCESS TO OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, VENDORS, AND THE DELTA DENTAL COMPANIES HAVE LIMITED LIABILITY TO YOU FOR ANY DIRECT DAMAGES AND EXPRESSLY DISCLAIM ANY LIABILITY TO YOU FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OF USE OR THE WEBSITE, WHETHER IN CONTRACT, TORT, TRESPASS, OR OTHERWISE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE.

Some jurisdictions do not allow the exclusion of implied warranties or exclusions of liability for certain damages; as a result, the above limitation or exclusion may not apply to you. If the provisions of this limitation of liability and disclaimer of warranties section are deemed in whole or in part to be unenforceable under applicable law, to the extent permitted by applicable law, in no event shall our or our subsidiaries’, affiliates’, officers’, directors’, employees’, contractors’, agents’, and vendors’ and the Delta Dental Companies’ total aggregate liability to you for any and all damages relating to or arising from these Terms of Use or the use, inability to use, or performance of the Website, or any materials available on or via the Website, exceed the amount of fifty dollars ($50.00).

10. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold us, the Delta Dental Companies, and our subsidiaries, affiliates, officers, directors, employees, contractors, agents, and vendors harmless from and against any and all claims, suits, damages, liabilities, losses, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and legal costs) of any kind arising out of or resulting directly or indirectly from or in connection with (i) your use of the Website or any content, information, materials or services contained, displayed or available on the Website; (ii) your violation of these Terms of Use; (iii) any submission you provide to the Website; or (iv) your violation of any third party rights.

11. Termination

We reserve the right to terminate your access to or use of the Website at any time and for any reason, with or without prior notice to you, including if you violate any provision of these Terms of Use or use the Website in a manner contrary to its intended use. These Terms of Use will survive and remain in effect even after such termination.

12. Assignment

You may not assign these Terms of Use, in whole or in part. Any attempted assignment or delegation shall be null and void. Subject to the foregoing, these Terms of Use shall be binding on and inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns.

13. Severability

If any part of these Terms of Use is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

14. Waiver

Our failure to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision.

15. Applicable Law

We control the Website from our offices in Stevens Point, Wisconsin. The internal substantive laws of the State of Wisconsin will govern these Terms of Use and any dispute that may arise hereunder without regard to any conflict of law principles. Unless otherwise expressly set forth herein, we make no representation that materials on the Website are appropriate or available for use in any location. If you choose to access the Website, you do so on your own initiative and are responsible for compliance with local laws.

16. Contact Information

If you have questions regarding these Terms of Use, you may contact us via the following methods:

(a).        Mail: Wyssta Services, Inc.
              Attn: Privacy Officer
              P.O. Box 86
              Stevens Point, WI 54481

(b)          Email: CustomerSupport@DeltaDentalCoversMe.com

(c)          Phone: (715) 344-6087