This page states the terms and conditions under which you may use this site. Please read this agreement carefully before accessing this site.
By using the website you are acknowledging that you have read these terms and conditions and are agreeing to them. If you do not accept these terms and conditions, you may not access or use this website.
This is not our privacy notice.
Smile Essentials may revise these terms and conditions at any time by updating this posting. Your continued access of and use of this website is deemed to be acceptance of all revisions to these terms and conditions. You should view the terms and conditions periodically because they are binding on you.
Each time you access personal health information (PHI/ePHI), you represent that you are entitled to access this information.
You will maintain the confidentiality of PHI/ePHI and agree only to use PHI/ePHI for purposes relating to the dental benefit program. You will not disclose or share PHI/ePHI with any unauthorized individuals.
Use of Material
The contents of this website are protected by copyright. The collective work of this website may also include work that is the property of others, which work is also protected by copyright or other intellectual property laws. Unauthorized use may violate copyright, trademark and other laws. Smile Essentials authorizes you to view and download material on the website solely for your own use. You must keep all copyright and other proprietary notices on any copies you make. You may not sell or modify the material or otherwise use it for any public or commercial purpose.
You will not use this website in violation of any laws, including without limitation those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws. Any advertisement, links with other websites, co-hosts or references to third parties are not endorsements of such third parties’ products or services and are not intended to result in any referrals or compensation to you or Smile Essentials.
Service
Technical or other difficulties cannot always be foreseen or anticipated. These difficulties may result in loss of data, personalized settings or other service interruptions.
Smile Essentials reserves the right to change or discontinue, temporarily or permanently, this website application at any time. Smile Essentials will not be liable to any user or any third party for any damages associated with any modification or discontinuance of the application.
User Responsibilities and Guidelines
Smile Essentials has established user responsibilities and guidelines for your benefit and security. Any users that violate these guidelines may be subject to termination of web use.
- Provide Accurate Information
- User must provide true, accurate, current and complete information as requested on the site and other web pages requesting information.
- User must agree to not misrepresent his/her identity.
- User must agree to keep registration and email address up to date and accurate if user elects to receive documents electronically.
- Take Adequate Security Measures
- User agrees to maintain the confidentiality of user’s name and password.
- User is fully responsible for all activities that occurs using user’s name, password or account.
- Unauthorized Access and Use
- User must immediately report any unauthorized use of the password and agree not to share the password, account or any breach of security with any unauthorized individuals.
- Smile Essentials is not liable for any loss that may incur as a result of a third party using user’s password or account, either with or without user’s knowledge.
Security and Privacy of Personal Information
Smile Essentials and all its affiliates will take reasonable steps to secure personal information and comply with federal and state laws regarding PHI/ePHI.
Section 1. Confidentiality of Information
You shall comply in all respects with all applicable laws and regulations relating to the privacy, confidentiality and nondisclosure of information. You agree that these terms and conditions shall be amended as necessary to comply with federal regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or to comply with any other enacted administrative simplification, security or privacy laws or regulations.
Section 2. Compliance with Participating Smile Essentials Rules
These terms and conditions do not supersede any contractual agreements you may have with Smile Essentials or its affiliated plans. You are still required to comply with the terms and conditions of those contracts.
Section 3. Proprietary Rights
Materials accessible to you through this website may be the subject of intellectual property rights, including but not limited to, patents, copyrights, trademarks and trade secrets. Unless you have received express written permission from the owner of such rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit any such material.
Section 4. Termination of Access and Use of this Website
Smile Essentials may terminate your access to this website if you violate any of these terms and conditions or upon termination of any agreement that you may have with Smile Essentials. Smile Essentials reserves the right at any time to discontinue access to this website.
Disclaimers
The information, services, products and materials contained in or described on this website are provided by Smile Essentials “as is.” Smile Essentials makes no, and disclaims all, representations or warranties of any kind, express or implied as to the operation of the website or the information, content, materials, services or products referenced on this website, including, but not limited to:
- Implied warranties of merchantability;
- Fitness for a particular purpose;
- Non-infringement;
- Implied warranties arising from course of dealing or course of performance;
- Warranties that defects will be corrected or that this website or the server that makes it available will be free of viruses or other harmful components.
In addition, although Smile Essentials believes all information accessible on or via the website to be accurate as of the time of its publication, Smile Essentials cannot and does not represent, guarantee or warrant that the information accessible on or via the website is accurate, complete, or current, and Smile Essentials is not responsible for any errors or omissions therein, or results obtained from the use thereof.
Limitation of Liability
Smile Essentials will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, special, incidental, exemplary, punitive, and consequential damages, even if Smile Essentials has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use, or performance of this website or any information, services, products and materials available on or via this website.
Third Party Materials
You may, through hypertext or other computer links, gain access to third parties sites on the web which are not related to or maintained by Smile Essentials. Smile Essentials is not affiliated with such third parties and takes no responsibility for the content therein, regardless of whether the link is provided by Smile Essentials or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the website may link, including information on such other website regarding Smile Essentials. By providing access to other websites, Smile Essentials is not endorsing the products and services provided by any website’s sponsoring organization.
Other websites may include a link to this website; provided such sites link to the home page (deltadentalins.com) only. Linking to other content within the website is prohibited without Smile Essential’s prior express written consent. This limited license expressly prohibits the framing of Smile Essentials content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation.
Website Availability
Smile Essentials will use reasonable commercial efforts to keep this website available for access on a 24 hour a day, seven day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Smile Essentials does not warrant that the operation of this website will be error-free, that defects will be corrected, or that this website or the servers that make it available are free from viruses or other harmful components. You (and not Smile Essentials) assume the entire cost of all necessary servicing, repairs or correction of your property.