This Dentists Choice website and the products and services identified herein (collectively, the “Site”) are made available to you by Aspen Insurance US Services Inc. (“Aspen”) for informational purposes only. By accessing or using this Site, you agree to be bound by these terms of use (“Terms of Use”). None of the material provided on this Site is intended to, and does not, constitute legal, financial, medical or dental advice. You must read these Terms of Use carefully before using this Site. No proposed variation, amendment or changes to these Terms of Use are valid or have any effect. If you do not agree with or accept these Terms of Use, you are not authorized to use this Site and your sole remedy is to immediately cease using this Site.
Insurance
Any applications or submissions for insurance quotes on this Site are informational only and not legally binding. Only authorized representatives have authority to bind coverage, issue policies or certificates of insurance or agree to the addition or deletion of coverage. Product descriptions are included for the sole purpose of providing a reference tool concerning the general nature and types of insurance products that may be available. Products or policies referenced in these descriptions may not be available in all states. The descriptions contained herein are not intended to be complete descriptions of all terms, exclusions and conditions that may or may not be in any insurance policies, but are solely provided as general descriptions of the products. Users of this Site interested in a particular insurance product should request a copy of the applicable policy to determine the scope and limitations of coverage. Nothing on this Site alters, amends, modifies, or supplements any policy of insurance.
Communications
You understand and agree that by accessing this Site you consent to receive disclosures and other communications and documentation (collectively, “Communications”) from Aspen via the e-mail address you have provided. If you wish to withdraw your consent to receive future Communications or provide Aspen with updated information about how Aspen can contact you, please write to: dpo@aspen.co.
Availability
Aspen does not represent, warrant or guarantee that this Site shall be available to you at all times, at any time, or that your use of this Site shall be uninterrupted or error free. Aspen may deny access to this Site or any portion thereof at any time, without notice and with or without cause. Further, Aspen reserves the right to suspend or cease operation of this Site without notice at any time and from time to time in its sole discretion.
Proper Conduct
You certify that you are 18 years old or older, or, if you are between the ages of 13 and 17, you have obtained the consent of your parent or legal guardian and are able to comply with these Terms of Use. This Site is not intended for children under the age of 13, and children under the age of 13 are not permitted to use this Site.
You represent and warrant that when using this Site you shall not:
(1) resell or transfer any Content from this Site;
(2) impersonate, or otherwise misrepresent your affiliation with any other person or entity;
(3) modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material appearing on this Site;
(4) violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to Aspen by other Site users;
(5) use any robot, spider, or other automatic device, or manual process to monitor or copy Site pages or the contents contained therein without the prior, express written permission of Aspen; or
(6) violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance.
You shall at all times comply with all applicable laws, rules and regulations with respect to your use of this Site and with respect to any product or service related thereto. The permission to use this Site granted by these Terms of Use automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately leave this Site and destroy any downloaded or printed materials. As set forth in these Terms of Use, any unauthorized use of any Content or other materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Intellectual Property Rights
All works of authorship, including, but not limited to, designs, images, text, data compilations, programs, software, videos and other materials and content and any improvements and modifications to such content and any derivative works based thereon and the collection, arrangement and assembly of all such content (collectively, the “Content”) provided on this Site are owned by Aspen or its licensors and are protected by United States and worldwide intellectual property laws and treaty provisions. Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Aspen or any other company or entity.
You shall 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, this Site, the Content or any other software or materials obtained from or through this Site. You shall not rent, lease, lend, redistribute, mirror, sublicense or transfer this Site. You acknowledge and agree that the terms herein are reasonable and necessary and you agree that actual or threatened breach by you of said terms shall entitle Aspen to immediate injunctive and other equitable relief without the posting of a bond and without the necessity of showing actual monetary damages.
The names, trademarks, service marks, logos and taglines (collectively, the “Trademarks”) identifying Aspen and its products and services are owned by Aspen and/or its licensors. All other Trademarks not owned by Aspen that appear on this Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Aspen. You shall not use, copy, modify or display any of the Trademarks appearing on this Site in any way without the prior express written permission of Aspen or the respective owner thereof.
Technical Protection Measures and Compliance with Laws
The Site may include technological protection measures that control access, reproduction or distribution of the proprietary or intellectual property accessible through this Site. Any attempt to tamper or dismantle these protections is a breach of these Terms of Use, and may be a violation of the Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties.
You shall comply with all applicable laws in connection with your use of this Site. You shall not use this Site for any unlawful or abusive purposes, including but not limited to, the violation of any Aspen or third-party intellectual property rights, and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of this Site or any other services, software or hardware.
While Aspen endeavors to ensure that the information posted on this Site is accurate, Aspen does not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up-to-date, or fit or suitable for any purpose. Products and services referred to on this Site shall only be offered to you in those jurisdictions where it is lawful to do so and this Site is only directed at such jurisdictions. You agree that you shall make yourself aware of and comply with all laws and restrictions that apply to products and services made available in your jurisdiction, if any.
Suggestions and Testimonials
Aspen does not accept ideas, know-how, inventions or suggestions for this Site or any products and services (“Suggestions”). This is for your protection and for Aspen’s, and to avoid misunderstanding about the origin of Suggestions. However, note that any Suggestions or other information provided by you to Aspen through any means, including, but not limited to, through this Site, email or otherwise, is and shall be non-confidential and non-proprietary, except that any personal information or individually identifiable information included in any such Suggestions shall be held and used in accordance with Aspen’s Privacy Statement.
By making a Suggestion, you grant Aspen the worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform your Suggestions. You represent and warrant that you have the necessary rights to such Suggestions, including the right to assign or grant a license to your rights in these Terms of Use. Do not make any Suggestions if do not wish to grant Aspen the rights set forth herein. Further, this Site may contain testimonials from customers or agents. Testimonials are not representative of everyone’s experience and only provide information about the individual’s experiences as to the point in time when they are provided. Testimonials do not necessarily represent typical or expected results. You represent and warrant that any information you provide to us through this Site is true and accurate, and that you shall modify such information as necessary or appropriate to maintain the accuracy of the information.
Account Registration
To access and use certain areas or features of this Site, you may need to register for an account. You are responsible for maintaining the confidentiality of your account ID and password and for restricting access to your computer or other device. You are responsible for all activities that occur as a result of the use of your account ID or password, whether or not such activity is authorized by you. This includes, without limitation, maintaining the confidentiality of all data accessed thereby. In addition, you must immediately notify Aspen at: dpo@aspen.co in the event you discover or suspect any unauthorized use of your account ID or password. You agree not to access or attempt to access any password-protected portions of this Site without an authorized account ID and password or through any means other than by utilizing your authorized account ID or password on the appropriate web page or web tools.
Disclaimers
YOU AGREE THAT ANY USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL INFORMATION AND MATERIAL CONTAINED ON OR WHICH MAY BE TRANSMITTED THROUGH THIS SITE IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ASPEN DOES NOT REPRESENT OR WARRANT THAT THIS SITE, OR ANY OTHER WEBSITES THAT MAY BE LINKED TO THROUGH THIS SITE, OR ANY PROUCTS OR SERVICES MADE AVAILABLE TO YOU SHALL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.
ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THIS SITE INCLUDING THESE TERMS AND CONDITIONS DO NOT CONSTITUTE OR FORM PART OF ANY OFFER OR INVITATION IN ANY JURISDICTION TO ENTER INTO ANY AGREEMENT INCLUDING, BUT NOT LIMITED TO, ANY AGREEMENT RELATING TO INSURANCE OF ANY KIND OR ANY INVESTMENT WHATSOEVER, INCLUDING ANY OFFER OF SECURITIES. ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THIS SITE IS NOT TO BE REGARDED AS A RECOMMENDATION AND DOES NOT PURPORT TO GIVE ANY ADVICE WHATSOEVER AND SHOULD NOT BE CONSTRUED AS SUCH.
TO THE FULLEST EXTENT PERMITTED BY LAW, ASPEN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTY AS TO CONTENT, SOFTWARE, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS OR SERVICES PROVIDED THROUGH OR OFFERED ON THIS SITE; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OF INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH OR OFFERED ON THIS SITE; (C) ANY WARRANTIES THAT THIS SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last; as a result, the above limitations or exclusions may not apply to you. If the forgoing provisions are deemed, in whole or in part, to be unenforceable under applicable law, then Aspen shall have the right to modify said provisions to reflect limitations permitted by applicable law. To the extent permissible, any implied warranties are limited to 90 days from your first access to this Site.
Aspen does not offer dental or other medical advice. The content, information, materials, products and services provided by Aspen through this Site shall not be construed, directly or indirectly, as the practice of dentistry or medicine or the dispensing of any dental or medical advice.
Limitation of Liability
The Site is only provided to individuals who are residents of the United States and physically located in the United States. Therefore, you at all times shall be responsible for ensuring that your use of this Site is in accordance with the laws of the United States. Aspen disclaims and excludes all liability howsoever arising and of whatsoever nature to you in the event that your use of this Site is contrary to the laws of the United States.
To the extent permitted by applicable law, Aspen, its subsidiaries, any affiliate or third party supplier or licensor of any of the foregoing persons or entities (collectively, the “Aspen Parties”) shall not be liable to you or any third party for any direct, indirect, special, incidental, exemplary, punitive, and consequential damages, even if the Aspen Parties have been previously advised of this possibility of such damages, whether in action under contract, negligence, tort or any other theory, arise out of or in connection with these Terms of Use or the use, inability to use, or performance of this Site, or any materials, products, Content or services available on or through this Site nor shall any of the Aspen Parties be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond their reasonable control, including but not limited to, acts of God, communications line failure, theft, destruction, or unauthorized access to our records, programs or services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitations or exclusions may not apply to you. If the forgoing provisions of this limitation of liability section are deemed, in whole or in part, to be unenforceable under applicable law, then to the extent permitted by applicable law, in no event shall the total liability of the Aspen Parties in the aggregate exceed the amount of fifty dollars ($50.00).
Hyperlinks and Third Party Sites
The Site may contain hyperlinks to websites owned and operated by parties other than Aspen. Such hyperlinks are provided only for your convenience. We do not control such third party websites and are not responsible for their content. The inclusion of hyperlinks on this Site does not mean that we endorse or approve of any third party website to which you may have access through this Site. We accept no liability for any information, products or services contained in, or which may be linked to through, these third party websites or for any action you may take as a result of linking to any such website. Each of the websites to which you may link are likely to set forth specific terms and conditions of use that you should review. We are under no obligation to maintain any link on this Site and may remove a link at any time in our sole discretion for any reason whatsoever.
Indemnity
To the extent permitted by applicable law, you shall indemnify, defend and hold harmless Aspen, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively, the “Aspen Indemnitees”) from and against any and all claims, losses, causes of action, suits, damages, expenses, or demand or liability, including attorney fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision, incurred by any of the Aspen Indemnitees arising out of or relating to (i) any claim relating to the posting, distribution, modification or alteration by you of any materials or Content or any Suggestions, (ii) your violation of any rights of any third party, (iii) you use of this Site, or (iv) your violation of these Terms of Use or violation of any applicable law. You shall cooperate with Aspen as reasonably required in the defense of any such claims. The Aspen Indemnitees reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the prior written consent of Aspen.
Security
Aspen takes appropriate technical and organizational measures against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. However, although Aspen takes appropriate measures to protect the security of the information communicated through this Site, the Internet is an open network that is not secure and there is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. In addition, there is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. As no Internet-connected computer system can be made absolutely secure from intrusion, Aspen cannot and does not guarantee that information displayed on this Site has not been modified by others without authorization or that information communicated by you to us shall be received or that it shall not be altered before or after its transmission.
Privacy Statement
Aspen is committed to safeguarding your privacy. Aspen’s Privacy Statement here sets forth its information collection and sharing practices in relation to the personal information that we collect and use for the administration of insurance policies, reinsurance contracts, provision of services and otherwise in connection with this Site.
Remedies for Misuse
You agree that any unauthorized use of this Site may cause Aspen immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further agree that unauthorized use of this Site may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.
Forward-Looking Statements
This Site may contain forward-looking statements. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement. Aspen undertakes no duty to update publicly any forward-looking statements contained herein, in light of new information or future developments.
General
Aspen reserves the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access this Site you agree to be bound by any variations made by Aspen. It is your responsibility to check these Terms of Use from time to time to verify such variations. These Terms of Use contains the entire understanding and agreement between Aspen and you in relation to your use of this Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or Aspen which is not contained herein.
Applicable Laws and Jurisdiction
These Terms of Use are governed and interpreted pursuant to the laws of the State of New Jersey notwithstanding any principles of conflicts of law. You agree that any and all causes of action that you may have against Aspen shall be brought in Newark, New Jersey and that you shall not bring any causes of action against Aspen more than one year after any cause of action arises. If any part of these Terms of Use is found to be unlawful, void or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of remaining provisions. You shall not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. The failure of Aspen to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and Aspen with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Aspen with respect to such subject matter.