Terms of Use | Delta Dental of Washington

By using this Web site, you agree to these terms and conditions. If you do not agree to the following Terms of Use, do not use this site, and instead contact Delta Dental of Washington (“DDWA”) directly for desired information.

This Website and all items on it, including but not limited to the design, content, files and graphics, remain the property of DDWA, its affiliates and its suppliers. A single copy of these items may be downloaded and/or reprinted by you solely for your personal and non-commercial use. Downloaded or reprinted materials may not be altered in any way and must include any copyright or other proprietary rights notices that were contained in the downloaded material. Any other use of this Web site or any items on it, in whole or in part, for any other reason is expressly prohibited unless prior written consent is obtained from DDWA. You should be aware that we monitor this site for security and compliance purposes and your usage of this site is consent to such monitoring.

Trademarks
"Delta Dental", "Delta Dental of Washington" and the names of all Delta Dental products and services referenced on the DDWA site are either trademarks or registered trademarks of Delta Dental or its affiliates. Our trademarks may not be used in connection with any third-party goods or services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DDWA or its affiliates. Other product and company names referenced on the DDWA Web site may be the trademarks of their respective owners.

Disclaimers
THIS SITE, AND ALL INFORMATION CONTAINED IN IT, IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DDWA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, OR ANY INFORMATION CONTAINED IN IT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DDWA ASSUMES NO LIABILITY OF ANY KIND FOR THIS SITE, AND THE INFORMATION AND DATA CONTAINED IN IT, OR FOR YOUR USE OR INABILITY TO ACCESS THIS SITE.

DDWA WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES ARISING OUT OF OR RELATING TO THIS SITE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.

Digital Communications
By signing up for a MySmile® account, you are opting into certain digital communications. Consent to receive marketing email or text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system. DDWA is not liable for delayed or undelivered messages. For more information regarding our digital communications privacy policy, please refer to  https://www.deltadentalwa.com/privacy-policy/email-policy.

Links to Third Party Sites
Certain links on this site will let you leave DDWA's site. The linked sites are not under the control of DDWA, and DDWA is not responsible for the contents of any linked site. These links are provided for your convenience, and the inclusion of any link does not imply endorsement by DDWA of any such linked site.

Notices and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the agent below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. DDWA's copyright agent for notice of claims of copyright infringement on this site, can be reached as follows:

Compliance Department
Delta Dental of Washington
400 Fairview Ave N, Suite 800
Seattle, WA 98109-5371

e-mail: RegulatoryComp@deltadentalwa.com

Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold DDWA harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (i) your use of the Services, or any content, information, materials or services contained, displayed or available therein; (ii) your violation of these Terms of Use or any SSO Web Site Terms; (iii) any Submission (as defined below) provided by you to DDWA; or (iv) your violation of any rights of any third party.

Enforcement of Terms and Conditions and Dispute Resolution
These Terms of Use are governed and interpreted pursuant to the laws of the State of Washington, United States of America, notwithstanding any principles of conflicts of law. DDWA makes no representation that materials provided through the Services are applicable or appropriate for use in all locations. If you use our services from other locations, you are responsible for compliance with applicable local laws. Binding Mutual Arbitration. As allowable by law, except for intellectual property claims, any dispute, claim or controversy in connection with, arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, 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 King County, Washington 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 of Use 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.

Future Changes
DDWA reserves the right to change this Web site at any time. In addition, we may find the need to update or change these terms and conditions in the future. We reserve the right to make such changes and will post new terms and conditions should that situation occur. Your use of the site after any changes are made will constitute acceptance of such revised terms and conditions.

Updated July 25, 2025