Terms of Service and Conditions of Use Delta Dental Health Quizzes

By adding a link on your website(s) to Delta Dental Health Quizzes or any other oral health materials posted on Delta Dental's website, you acknowledge that you have read this agreement and accept these conditions.

TERMS OF AGREEMENT

The term of this Agreement will begin upon our adding a link on your website to Delta Dental's website and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to Delta Dental. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site.

LIMITATION OF LIABILITY

Delta Dental will not be liable for any direct, indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or use of the dental information provided, even if we have been advised of the possibility of such damages. Delta Dental also makes no representation or warranty, express or implied, with respect to the link provided, the compatibility to your hardware, software, or computer systems, or to the information contained therein.

SITE LINKS

Delta Dental will provide you with textual and graphical links (Link Materials) with which you may link your Web site to our Web site. As a participating dentist, broker, agent or client, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are a Partner or Client and only in accordance with the terms and conditions of this Agreement. You agree to display the Link Materials appropriately on your Web site, and to respect our trademarks, service marks, and other rights in the Link Materials. You will use only these Link Materials to link to Delta Dental, and you will not alter the look or feel of these Link Materials or of our Web site in any way.

RESPONSIBILITIES

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

1. The technical operation of your site and all related equipment
2. The accuracy and appropriateness of materials posted on your site
3. Creating and posting Delta Dental oral health and wellness content on your website and linking that content to Delta Dental's web site.
4. Ensuring that your website accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
5. Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
6. Ensuring that materials posted on your site are not libelous or otherwise illegal.
7. We disclaim all liability for these matters. Further, you agree to release, indemnify and hold harmless Delta Dental from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

ARBITRATION

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our Representatives shall be submitted to confidential arbitration in a city selected by Delta Dental, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

MISCELLANEOUS

This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.