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TERMS OF USE

This Delta Dental myDentalScore.com website (the "Site") is provided by Delta Dental Plans Association and its member companies (collectively, "Delta Dental") and is subject to the terms set forth herein. If you visit the Site, you agree to be bound by these Terms of Use.

Delta Dental reserves the right to make changes at any time to these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

No Dental or other Medical Advice

NO ASPECT OF THE SITE IS INTENDED TO PROVIDE, OR SHOULD BE CONSTRUED AS PROVIDING, ANY DENTAL OR OTHER MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OF ANY KIND. YOU SHOULD NOT DISREGARD DENTAL OR OTHER MEDICAL ADVICE OR DELAY SEEKING DENTAL OR OTHER MEDICAL ADVICE OR TREATMENT AS A RESULT OF ANY CONTENT OF THE SITE, OR CONSIDER ANY CONTENT OF THE SITE TO BE A SUBSTITUTE FOR PROFESSIONAL DENTAL OR OTHER MEDICAL ADVICE OR TREATMENT. DELTA DENTAL DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, DENTISTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. PLEASE CONSULT YOUR DENTIST OR OTHER HEALTHCARE PROVIDER REGARDING ANY DENTAL OR MEDICAL QUESTIONS, CONCERNS OR CONDITIONS.

Trademarks and Copyrights

DELTA DENTAL, the DELTA DENTAL logo and other marks displayed on our Site are the proprietary trademarks or service marks of Delta Dental or third parties. Delta Dental's marks may not be used in connection with any product or service that is not Delta Dental's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Delta Dental. All other trademarks and service marks not owned by Delta Dental that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Delta Dental. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the respective owner thereof.

All content contained on this Site, including, but not limited to, works of authorship, software, design, text, graphics, photos, logos, button icons, images, reports, articles, information regarding dentists/physicians and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site, is the property of Delta Dental or its licensors and are protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Delta Dental or any other person.

Use of the Site

The Site may include information regarding Delta Dental, as well as reports, articles, information regarding dentists/physicians, dental health information and/or other information and materials proprietary to Delta Dental or its licensors, as well as links to third party websites. You may download, view, copy and print such information and materials and any other aspect of this Site (i) solely for your personal, non-commercial informational purposes; and (ii) provided that neither the information or materials, nor any proprietary notices or disclaimers therein, are modified, obscured or altered.

You agree you will not interfere, in any way, with others' use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any local, state, national or international law, rule, regulation or order of any court in conjunction with your use of the Site.

You agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using "framing technology," otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of Delta Dental.

Unauthorized Use of the Site

Delta Dental reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site. Delta Dental's decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of Delta Dental.

Children

In compliance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, we do not permit children under 13 years of age to use the Site. By using the Site, you represent that you are not under 13 years of age.

Privacy

The terms of the Delta Dental myDentalScore.com Privacy Statement and Delta Dental's HIPAA Privacy Policy are hereby incorporated into and made part of these Terms of Use. myDentalScore.com Privacy Statement. HIPAA Privacy Policy.

Links to Third Party Sites

You acknowledge that, at any time, Delta Dental may provide links to the websites of third parties via the Site. Delta Dental is not responsible for the content of such links, or any products, services or other materials relating to any linked site or any link contained in a linked site. The display of any link does not imply endorsement by Delta Dental of the linked site or any content therein. IN NO EVENT WILL DELTA DENTAL BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY REPORTS, INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH REPORTS, INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DELTA DENTAL MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY REPORTS, INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DELTA DENTAL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE (INCLUDING IN ANY REPORT) VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND DELTA DENTAL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE SITE. FURTHER, DELTA DENTAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALLDELTA DENTAL OR ANY OF ITS AFFILIATES OR LICENSORS OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF DELTA DENTAL AND ITS AFFILIATES AND LICENSORS (DELTA DENTAL AND ALL SUCH PERSONS, COLLECTIVELY, THE "DELTA DENTAL PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY REPORTS, INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Delta Dental Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses of any nature whatsoever (including without limitation reasonable attorneys' fees, disbursements and court costs) arising from or in connection with (i) your use of the Site, or any reports, content, information, materials or services contained, displayed or available therein; (ii) your violation of these Terms of Use; and/or (iii) your violation of any rights of any third party.

Modification or Discontinuance of the Site by Delta Dental

At any time, without notice to you, and for any or no reason, Delta Dental may modify or discontinue the Site or any content or aspect thereof. Delta Dental shall in no way be held liable for any consequence which results from Delta Dental's decision to modify or discontinue providing the Site or any content or aspect thereof.

Governing Law

The laws of the State of Illinois will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms of Use or your use of the Site shall be brought in state or federal court in Chicago, Illinois, and you consent to the jurisdiction of such courts.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. Delta Dental's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Delta Dental agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and Delta Dental with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Delta Dental with respect to such subject matter.

Contact

If you have any questions relating to these Terms of Use, the Site or Delta Dental, please contact: cs@deltadental.com

Notice and Procedure for Making Claims of Intellectual Property Infringement

Delta Dental respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Delta Dental the written information specified below. Please note that this procedure is exclusively for notifying Delta Dental that your intellectual property rights have been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • A description of the intellectual property right that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

Delta Dental's agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:

Intellectual Property Agent
Delta Dental Plans Association
1515 West 22nd Street
Oak Brook, IL 60523
Phone: (630) 574-6001