Delta Dental Plan of Michigan's online realm consists of various web pages and applications (collectively, the "Sites") owned and operated by Delta Dental Plan of Michigan ("Operator"), including, without limitation:
Please read these Terms and Conditions of Use carefully before using the Sites. By accessing and browsing the Sites, you accept without limitation or qualification, these Terms and Conditions of Use and acknowledge that any other agreements are superseded with respect to the subject matter. Operator reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes.
Restrictions On Use Of Materials
Materials from the Sites may not be copied, distributed, republished, licensed,
uploaded, posted, or transmitted in any way, without prior written consent
of Operator. However, you may download one copy of the materials on one computer
for your personal, non-commercial home use only, provided you do not delete
or change any copyright, trademark, or other proprietary notices.
Your use of the materials included in the Sites is for informational purposes only. You agree that you will not distribute, license, publish, transmit, modify, display or create derivative works from or exploit the contents of the Sites in any way. You agree to indemnify Operator for any and all unauthorized uses you may make of any material in the Sites. You acknowledge that the unauthorized use of the contents of the Sites could cause irreparable harm to Operator and that in the event of an unauthorized use, Operator will be entitled to an injunction in addition to any other remedies available at law or in equity.
Restrictions on Liability
OPERATOR SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING
BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
OPERATOR SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF OPERATOR OR AN OPERATOR-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU OR THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OPERATOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.
Submissions
You agree that you will be solely responsible for the contents of any submissions
you make, and you will not submit material that is unlawful, defamatory, abusive
or obscene. You agree that you will not submit anything to the Sites that will
violate any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right.
Aside from the material transmitted to Operator via a secure connection, any communication or material you transmit to Operator by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Operator and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting and posting. Furthermore, Operator will be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Operator for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.
Jurisdiction
Any dispute arising from these terms will be resolved exclusively in the state
and federal courts of the State of Michigan. Operator makes no representation
that materials in the Sites are appropriate or available for use in other locations.
If you are accessing the Sites from outside Michigan/Indiana/Ohio, be advised
that the Sites may contain references to services that are not available in
your state.
Disclaimer
Operator does not warrant or make any representations or claims concerning
the validity, completeness, correctness or currency of the information provided
in the Sites. Everything in the Sites is provided to you "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Operator does not warrant that the functions contained in the materials will
be uninterrupted or error-free, that defects will be corrected, or that the
Sites or the servers that make them available are free of viruses or other
harmful components. Operator does not warrant or make any representations
regarding the use or the results of the use of the materials in the Sites in
terms of their correctness, accuracy, reliability, or otherwise. You agree
to assume the entire cost of all necessary servicing, repair or correction.
Please note that the above exclusion may not apply to you, to the extent that
applicable law may not allow the exclusion of implied warranties.
Copyright and Trademarks
Unless expressly noted, all materials in the Sites are protected as the copyrights,
trade dress, trademarks (registered or unregistered) and/or other intellectual
property (including design logos or emblems such as, but not limited to, the
stylized Delta design) owned by Operator or by other parties that have licensed
such rights to or from Operator (all such material collectively referred to
as "Intellectual Property"). Nothing contained in the Sites should be construed
as granting, by implication, estoppel, or otherwise, any license or right to
use any Intellectual Property displayed in the Sites without written permission.
The following trademarks ("Trademarks") are owned by Delta Dental Plans Association and its affiliates: DELTA DENTAL and Design, D (DELTA) and Design, DDP DELTA and Design, DELTA DENTAL PLAN, DELTA DENTAL PLAN D and Design, DELTA USA, DELTA USA and Design, DELTAVISION, DELTACARE, DELTALINK, DELTA DENTAL PPO, DELTA DENTAL PREMIER, THE DELTA DENTAL DIFFERENCE. The Trademarks are subject to the United States Trademark laws and, with respect to DELTA DENTAL and Design and DELTA DENTAL PLAN, may be subject to trademark laws in Australia, Canada, the European Community, Mexico, Japan, and South Korea. The Intellectual Property owned by Delta Dental Plans Association and licensed to Operator is not limited to the Trademarks listed herein or displayed in the Sites and may include other trademarks used by Operator and its affiliates. All rights not expressly granted are reserved.
Links
The Sites may contain links to web sites ("Linked Sites"). Operator does not
endorse any of these Linked Sites and is providing links for these Linked Sites
only as a convenience to you. Operator disclaims all responsibility for the
content in these Linked Sites. Be aware that you access the Linked Sites at
your own risk.