If you register or are registered to use the Restricted Area you may be asked to enter personal information such as email address, name, address, and phone number (“Personally Identifiable Information”). Personally Identifiable Information is collected both to confirm each registrant is unique and to give DCP the information required to contact you as needed. DCP may use your Personally Identifiable Information internally as needed to evaluate and improve the Website and the services provided by DCP. DCP may also use your Personally Identifiable Information as directed by you. When necessary, DCP may provide your Personally Identifiable Information to approved vendors for their use in assisting us with the maintenance and operation of the Website. DCP employs commercially reasonable security measures consistent with standard industry practice to safeguard your Personally Identifiable Information and other information collected through the Website. 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.
We are required to protect certain information under the standards of the Health Insurance Portability and Accountability Act and the Health Information Technology for Economic and Clinical Health Act (“HIPAA Protected Health Information”). We use, disclose, and protect such HIPAA Protected Health Information in accordance with our Notice of Privacy Practices. Please review our Notice of Privacy Practices, which also governs your visit to the Website to the extent applicable, to understand our practices.
Information you submit in connection with the submission of an application for coverage under a Dental Plan will be treated by DCP as confidential. You are only permitted to submit an application on your own behalf, or on behalf of a dependent for whom you are legally authorized to act.
You may not in the course of completing an application and submitting it to DCP or in otherwise using the Website:
- Communicate material that is copyrighted, without the permission of the copyright owner;
- Communicate material that reveals trade secrets, unless you have permission of the owner;
- Communicate material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- Communicate material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;
- Communicate false or inaccurate information;
- Impersonate another person; or
- Violate the Children’s Online Privacy Protection Act
The price displayed for the plan selected will be the monthly premium collected from the banking or credit card account submitted as part of enrollment verification. The first month’s premium will be collected at time of successful enrollment. A monthly automated collection, of the selected plan premium, will occur on the 19th of each month thereafter, unless you cancel the plan. You will not receive monthly invoices.
INFORMATION PROVIDED THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF THE WEBSITE. WE DISCLAIM ALL WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF YOU ARE DISSATISIFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE.
WE ATTEMPT TO PROVIDE ACCURATE INFORMATION REGARDING INSURANCE PRODUCTS AND SERVICES; HOWEVER, WE CAN MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THIS INFORMATION. AVAILABILITY OF PRODUCTS OR SERVICES MAY VARY BY STATE AND MAY NOT BE AVAILABLE TO YOU. DCP IS NOT LICENSED TO PROVIDE INSURANCE PRODUCTS IN ALL STATES.
WE MAKE NO REPRESENTATION, EITHER EXPRESS OR IMPLIED, OF ANY SPONSORSHIP BY ANY COMPANY MENTIONED ON THIS WEBSITE, OR OF ANY OTHER RELATIONSHIP WITH ANY SUCH COMPANY. WE WILL MAKE NO GUARANTEE, EXPRESSED OR IMPLIED, THAT A USER WILL BE ABLE TO OBTAIN A QUOTE FROM ANY PARTICULAR COMPANY OR PROVIDER MENTIONED ON THIS WEBSITE.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DCP 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 DCP’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 DCP FOR THE 12 MONTHS PRIOR TO THE ALLEGED ACT CAUSING DAMAGES.
NOTWITHSTANDING THE FOREGOING, SOME OF THE EXCLUSIONS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW IT.
- create a border or browser environment around Website content,
- imply that DCP is endorsing it or its products,
- misrepresent its relationship with DCP,
- present false information about DCP, its products or services,
- use the DCP logo or name or phrase without prior written permission from DCP, 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.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Cincinnati, Ohio, unless otherwise agreed upon by DCP. The arbitration shall be administered by a 3-person arbitration panel. Each party shall select an arbitrator and they shall select the third who shall chair the panel. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Nothing in this paragraph shall be deemed as preventing DCP from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
If any provision of the Terms is found by a court of competent jurisdiction or arbitrator or arbitration panel to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the Terms shall remain in full force and effect.
If any action at law or in equity is necessary to enforce these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAKE AGAINST DCP ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS DCP AGREES OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
YOU FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DCP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION.