***THESE TERMS OF USE CONTAIN A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY INDICATING YOUR EXPRESS CONSENT TO THESE TERMS OF USE (E.G. BY VISITING THE WEBSITES), YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION AS SET FORTH BELOW***

These Terms and Conditions of Use (“Terms”) govern and control your access to, disclosure of, and use of Delta Dental of Virginia’s websites, including but not limited to DeltaDentalVA.com, all websites under the DeltaDentalVA.com domain, and all forms of information hosted thereunder (each individually, the “website” and collectively, the “websites”). These terms also apply to the primary domain of that website, all subdomains, and all other designations thereof, including all content displayed on these websites now or at any time in the future. These Terms bind you, your authorized users, heirs, devisees, beneficiaries, executors, successors and assigns (“you”) and shall be applied to the benefit of Delta Dental of Virginia, its parent, affiliates, subsidiaries and its successors and assigns. By visiting these websites you are accepting, without limitation or qualification, these Terms (as we may amend them from time to time in our sole discretion), and you acknowledge that any other agreement between you and Delta Dental of Virginia concerning the subject matter hereof is superseded by these Terms and is of no force or effect. If you visit these websites, you accept these conditions. If you do not consent to these Terms, you should not utilize these websites in any manner whatsoever. Delta Dental of Virginia, its parent, affiliates and subsidiaries may be referred to herein as “Delta Dental”. You and Delta Dental may be referred to herein individually as a “Party” and collectively as the “Parties”.
 

Delta Dental Does Not Provide Medical Advice

Delta Dental does not offer dental or other medical advice. The content, information and materials provided by Delta Dental through the Services cannot, and is not intended to, replace the relationship that you have with your health care providers; are for general informational purposes only; 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 drugs or treatment may be appropriate for you. Further, any such content or information is not intended to be instructional for medical or dental diagnosis or treatment or to cover, as applicable, all possible uses, directions, precautions, drug interactions, or adverse effects, and none of the information on the Services represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, it is always best to confirm information with your health care providers.

Access

You may access and use the website solely to obtain information about Delta Dental and related content or, if you are insured by Delta Dental, to view and submit information relating to you or your dependents, as expressly authorized by Delta Dental, or to access other services provided or offered by Delta Dental, including the member, dentist, employer group and broker sections of the website, as applicable. You agree not to access or use the website for any other purpose, including without limitation, any purpose that is prohibited by these Terms or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the website. Delta Dental may, in its sole discretion, terminate or suspend your access to, and/or use of, the website or any portion thereof at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the website is terminated or suspended, you will not thereafter access, or attempt to access, the website directly or indirectly, until Delta Dental has expressly notified you that you are authorized to have such access. 

You agree that you will not copy, reproduce, modify, 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 websites or any software or materials obtained from or through the websites. You may not rent, lease, lend, redistribute, sublicense or transfer the websites. 

Restricted Area

Certain portions of the website may be accessible only to users that register to use those portions of the website (“Registered Users”). Unauthorized use of the restricted portions of the website (“Restricted Area”), including, but not limited to, unauthorized entry into the Restricted Area, misuse of usernames or passwords, access of the Restricted Area beyond the scope of your authorization, or misuse of any access information or information contained in the Restricted Area, is strictly prohibited. You may not attempt to gain unauthorized access to, or to permit any third party to access any portion of, the Restricted Area or any Delta Dental computer system or network, through hacking, password mining or any other means. If you register or are registered to use the Restricted Area, you will choose or be issued a username and password and, once you have a username and password, you will be considered a Registered User and issued an account to use the website. However, we may terminate your status as a Registered User for any reason with or without notice to you, and you agree not to access the Restricted Area at any time after we give you notice of such termination. 

Password

If you are issued a username and password, you may not authorize any third party to access and/or use your username, password, or account on your behalf, except as specifically authorized by Delta Dental. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree not to provide your username, password, or account information to any third party. You agree to notify us immediately of any suspicious or unauthorized use of your username, password, or account. If you fail to comply with the foregoing obligations and responsibilities, you will be held fully responsible for all activities conducted using your username, password, or account.

Privacy — Generally

If you register or are registered to use the Restricted Area you may be asked to enter personal information such as your Delta Dental member identification number, email address, name, address, and phone number (“Personally Identifiable Information”). Personally Identifiable Information is collected in order to (i) make the website easier for you to use by not having to enter information more than once, (ii) ensure proper authorization for access to protected health and financial information, and (iii) track access to protected health and financial information. Delta Dental may use your Personally Identifiable Information internally as needed to evaluate and improve the website and the services provided by Delta Dental. Delta Dental may use your Personally Identifiable Information to evaluate your eligibility for certain types of offers, products or services that may be of interest to you, to inform you of offers, products and services, and to analyze advertising effectiveness. Delta Dental may also use your Personally Identifiable Information as directed and permitted by you. When necessary, Delta Dental may provide your Personally Identifiable Information to approved vendors for their use in assisting us with the maintenance and operation of the website. Delta Dental may also disclose Personally Identifiable Information about you if we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of Delta Dental or others.

Delta Dental employs commercially reasonable security measures consistent with standard industry practice to safeguard your Personally Identifiable Information and other information collected through the website. Such security measures include firewalls, encryption and transport layer security. We have also established internal policies and procedures to limit access to your Personally Identifiable Information to only those employees who need the information to perform a specific job.

Privacy — Protected Health Information (PHI)

We are required to protect certain information under the standards of the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act (collectively, “Protected Health Information”). We use, disclose, and protect such Protected Health Information in accordance with our Privacy Policy. Please review our Notice of Privacy Practices, which also governs your visit to the website to the extent applicable, to understand our practices.

 

Cookie Policy

The website may also use cookies in certain areas to collect information. Cookies are text files that contain small amounts of information used to recognize a user’s device when the user accesses a website. When a user visits a website that utilizes cookies, those cookies are stored on the user’s device and then sent back to the originating web site on each subsequent visit. Cookies are then used for authenticating, tracking, and maintaining specific information about the website user. Delta Dental uses two type of cookies, essential and analytics, to help us ensure proper website functionality, improve website security, provider a better user experience and analyze website performance.
 

Essential Cookies: Essential cookies are cookies that our website requires in order to function properly and that enable you to take advantage of the website’s functionality and features. Without these essential cookies, the website will not perform properly and we may not be able to provide certain services and features you may request or wish to access.


Analytics Cookies: Analytics cookies provide insight into how visitors navigate and interact with our website. Such cookies allow us to understand more about the volume of visitors to our website, including the number of times a certain user visits our website and the number of times a user views specific pages within our website.

PLEASE READ THIS COOKIE POLICY CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SERVICES. BY ACCESSING THE SERVICES, YOU AGREE TO ACCEPT AND CONSENT TO, WITHOUT LIMITATION OR QUALIFICATION, OUR USE OF COOKIES AS SET FORTH HEREIN.

Electronic Communications

When you visit the website or send emails to Delta Dental, you are communicating with Delta Dental electronically. In so doing, you consent to receive communications from Delta Dental electronically, whether by email or by posting notices on the website. By accessing the website and/or utilizing any of its features, you thereby agree and acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Delta Dental will have no liability for disclosure of your Personally Identifiable Information due to errors or unauthorized acts of third parties during transmission.

Risk; Limitation of Liability

Your use of the website is at your own risk. Neither Delta Dental nor any other party involved in creating, producing or delivering these websites is liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of your access to or use of, these websites even if Delta Dental has been advised of the possibility of such damages. Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE WEBSITE AND ALL THE CONTENTS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) DELTA DENTAL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) DELTA DENTAL MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THESE WEBSITES, (D) DELTA DENTAL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS THEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DELTA DENTAL IS NOT RESPONSIBLE FOR THOSE COSTS.

Delta Dental also assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of or browsing of the website. In no event shall Delta Dental’s total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to Delta Dental, whether or not any such amounts are actually paid, for accessing the website or any of the content thereon.

Links to Other Sites

The website may feature various links to HTML, scripts, graphics, images, video and audio, databases or other media assets, websites, content, or other files not hosted or operated by Delta Dental (each, a “Third Party Site”), and all such links are provided solely as a convenience to you. Delta Dental has not reviewed any Third-Party Site and does not control and is not responsible for any Third-Party Site or its content. Notwithstanding any content on the website indicative of the contrary, Delta Dental makes no endorsement of or representation about any Third-Party Site, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any Third-Party Site linked to on the website, you do so entirely at your own risk. Delta Dental assumes no responsibility for the privacy, terms of use or other policies of any Third-Party Site. Delta Dental recommends that you review any Third-Party Site’s privacy policies before submitting any information. Delta Dental assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data resulting from any Third-Party Site navigated to or accessed from links hosted on or contained on the website.

Delta Dental does not guarantee that you will receive an alert when you leave the website, and it is your responsibility to determine when you have left the website.

Links to Website

Anyone linking to the website must comply with all applicable laws, the following guidelines and this Policy. A Third-Party Site may link to the website, but may not replicate any content contained therein. In addition, any Third-Party Site that links to the website may not:
•    Create a border or browser environment around website content, 
•    Imply that Delta Dental is endorsing it or its products,
•    Misrepresent its relationship with Delta Dental,
•    Present false information about Delta Dental, its products or services,
•    Use the Delta Dental logo or name or phrase without prior written permission from Delta Dental, or
•    Contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups.

Copyright Statement

All content included on these websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, passwords, and software, is the property of Delta Dental or its parents, affiliates, subsidiaries, third-party content providers, or licensors and protected by United States and international copyright laws. The compilation of all content on these websites is the exclusive property of Delta Dental and protected by the United States and international copyright laws. All software used on these websites is the property of Delta Dental or its software suppliers and protected by United States and international copyright law. You expressly agree not to reproduce, duplicate, copy, sell, resell, make derivative works, or exploit for any commercial purposes, any portion of these websites or connected Delta Dental websites or content, products or services made available via those sites.

Trademark Statement

Delta Dental, the design mark Delta Dental and other graphics, designs, logos, page headers, button icons, scripts, trade names, and service names are trademarks, registered trademarks or trade dress of Delta Dental, its parents, affiliates, sponsors, subsidiaries, third-party content providers, or licensors in the United States and/or other countries. Delta Dental’s trademarks, service marks, trade names, service names, and trade dress may not be used in connection with any product or service that is not Delta Dental, its parents, affiliates, sponsors, subsidiaries, third-party content providers, or licensors, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Delta Dental, its parents, affiliates, sponsors, subsidiaries, third-party content providers, or licensors. All other trademarks, service marks, trade names or service names not owned by Delta Dental, its parents, affiliates, sponsors, subsidiaries, third-party content providers, or licensors that appear on these websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Delta Dental, its parents, affiliates, sponsors, subsidiaries, third-party content providers, or licensors.

Enforcement of Terms and Conditions and Dispute Resolution

These Terms are governed and interpreted pursuant to the laws of the Commonwealth of Virginia, United States of America, notwithstanding any principles of conflicts of law. Delta Dental makes no representation that the Services are applicable or appropriate for use in all locations. If you use the Services from other locations, you are responsible for compliance with applicable local laws.


Binding Mutual Arbitration. Except for intellectual property claims, any dispute, claim or controversy in connection with, arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity of these Terms, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by arbitration in Roanoke County, VA before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.


Conduct of Arbitration. The arbitration will be commenced by the claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.


Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties, and may award attorneys’ fees.


Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits or any punitive or exemplary damages.


Arbitration is on an Individual Basis Only; Class Action Waiver. The parties agree to arbitrate solely on an individual basis, and that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator’s power to rule on his or her own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Section will remain in force.

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

You may not assign or otherwise transfer these Terms or any rights or obligations hereunder. 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. These Terms 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.

Changes in this Policy

Delta Dental reserves the right to change, amend, adjust, add to or delete from this Policy as stated here from time to time, as necessary and without notice. Delta Dental advises that you check the website frequently to obtain updates, and you expressly agree to be bound by any such updates.

QUESTIONS?

Questions regarding this Policy should be directed to:
Delta Dental of Virginia, attention: Privacy Officer