Terms of Use Policy
Agreement between User and Michigan Dental Association
The Michigan Dental Association (MDA) website is comprised of various web pages operated by MDA. The MDA website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the MDA website constitutes your agreement to all such terms, conditions and notices.
Modification of These Terms of Use
MDA reserves the right to change the terms, conditions and notices under which the MDA website is offered.
Use of AI Services
The MDA website may include an AI-powered knowledge assistant (“HERM-E”). HERM-E is intended as a supplementary tool for convenience and general information and is not a substitute for professional judgment, dental advice, or expert consultation. HERM-E is a third-party service and its use is also governed by the terms of the third-party provider (Betty AI). By continuing to use MDA’s website(s), you expressly acknowledge and agree to the third-party provider’s terms for using HERM-E.
Links to Third Party Sites
The MDA website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MDA and MDA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. MDA is not responsible for webcasting or any other form of transmission received from any Linked Site. MDA is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by MDA of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the MDA website, you warrant to MDA that you will not use the MDA website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the MDA website in any manner which could damage, disable, overburden or impair the MDA website or interfere with any other party’s use and enjoyment of the MDA website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MDA websites. You may not use this website or HERM-E for:
• Generating illegal, defamatory, or harmful content.
• Attempting to bypass safety filters or limitations.
• Reverse engineering this website or the HERM-E AI model or its underlying algorithms.
• Submitting sensitive personal or confidential information without permission.
• Using this website or HERM-E in a way that violates any third-party intellectual property rights.
Materials Provided to MDA or Posted at any MDA Website
MDA does not claim ownership of the materials you provide to MDA (including feedback and suggestions) or post, upload, input or submit to any MDA website or its associated services (collectively “Submissions”). “Input,” as that term is used in this Terms of Use, means information users provide to the website and/or HERM-E. By using MDA’s website, you expressly agree to grant MDA a license/right to use, store, and process user “Input” for the purpose of operating, improving, and training HERM-E. “Output,” as that term is used in this Terms of Use, means the information the website and/or HERM-E generates in response to information provided by the user. Because AI models are probabilistic, the “Output” generated by HERM-E may not be unique and similar content may be generated for other users. MDA and/or BettyAI retains all rights to the underlying AI model and its intellectual property.
No compensation will be paid with respect to the use of your Submission, as provided herein. MDA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MDA’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You should not provide any confidential, sensitive, or personal patient information to HERM-E. Information provided to HERM-E may be used to train it, and could potentially be seen by the service provider (BettyAI), thereby losing its confidential status. By continuing to use this website, you expressly agree to release, indemnify, and hold harmless MDA and its affiliates for any and all alleged breaches of confidentiality occasioned by your input of information into the MDA website and/or HERM-E.
Privacy Policy
By using MDA’s website(s) you expressly agree to MDA’s Privacy Policy, which can be found at: https://foundation.michigandental.org/home/privacy-policy/.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MDA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. AI-GENERATED CONTENT MAY BE INACCURATE, INCOMPLETE, OR CONTAIN ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MDA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MDA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE MDA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ANY INFORMATION OR GUIDANCE PROVIDED BY HERM-E IS NOT DENTAL, MEDICAL, OR LEGAL ADVICE. THE VIEWS, OPINIONS, OR INFORMATION PRESENTED BY HERM-E DO NOT NECESSARILY REFLECT THE OFFICIAL POSITION OR ENDORSEMENT OF THE MICHIGAN DENTAL ASSOCIATION.
MDA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MDA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MDA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MDA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MDA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MDA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MDA WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MDA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MDAOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MDA WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MDA WEBSITE.
SERVICE CONTACT: Michigan Dental Association, 3657 Okemos Road, Ste. 200, Okemos, MI 48864. Phone: 517.372.9070.
Termination/Access Restriction
MDA reserves the right, in its sole discretion, to terminate your access to the MDA website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Ingham County, Michigan, U.S.A. in all disputes arising out of or relating to the use of the MDA website. Use of the MDA website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MDA as a result of this agreement or use of the MDA website. MDA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MDA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MDA website or information provided to or gathered by MDA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MDA with respect to the MDA website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MDA with respect to the MDA website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the MDA website are: Copyright 2023 by MDA and/or its suppliers. All rights reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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 under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.