Terms of Use - MDA Foundation

Terms of Use Policy

Agreement between User and Michigan Dental Association Foundation

The Michigan Dental Association Foundation (MDAF) website is comprised of various web pages operated by MDAF. The MDAF website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (together, these “Terms of Use.”) Your use of the MDAF website constitutes your agreement to all such terms, conditions and notices. If you do not agree to these Terms of Use, do not use the MDAF website or HERM-E.

Modification of These Terms of Use

MDAF reserves the right to change the terms, conditions and notices under which the MDAF website is offered. Changes take effect when posted to the MDAF website. Your continued use of the MDAF website after changes are posted constitutes your acceptance of the changed terms.

Use of AI Services

The MDAF 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). If the Betty AI terms conflict with these Terms of Use, these Terms of Use control as between you and MDAF. MDAF does not control and is not responsible for, the acts, omissions or data practices of the third-party provider. By continuing to use MDAF’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 MDAF website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MDAF and MDAF 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. MDAF is not responsible for webcasting or any other form of transmission received from any Linked Site. MDAF is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by MDAF of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the MDAF website, you warrant to MDAF that you will not use the MDAF website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the MDAF website in any manner which could damage, disable, overburden or impair the MDAF website or interfere with any other party’s use and enjoyment of the MDAF 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 MDAF 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 the HERM-E AI model or its underlying algorithms.
Submitting protected health information, patient identifiable information, or other confidential or sensitive information of any person to HERM-E.
Using HERM-E in a way that violates any third-party intellectual property rights.

Materials Provided to MDAF or Posted at any MDAF Website

MDAF does not claim ownership of the materials you provide to MDAF (including feedback and suggestions) or post, upload, input or submit to any MDAF 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 providing any Submission or Input, you grant MDAF and BettyAI a non-exclusive, worldwide, royalty-free, sublicensable license for the purpose of operating, maintaining, improving, and training HERM-E and as otherwise described in the Privacy Policy. “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. Output may be inaccurate, and you are solely responsible for evaluating Output and the propriety of your use of Output. MDAF 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. MDAF is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MDAF’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 must 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. HERM-E is not designed to receive protected health information, and MDAF has not entered into a business associate agreement BettyAI.

Privacy Policy

Your use of MDAF’s website(s) is also subject to MDAF’s Privacy Policy, which can be found at: https://foundation.michigandental.org/home/privacy-policy/. The Privacy Policy describes how MDAF collects, uses, and discloses information, including information submitted to HERM-E.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MDAF 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. MDAF, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS, AND THE THIRD-PARTY PROVIDER (COLLECTIVELY, THE “ORGANIZATION PARTIES”) MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MDAF WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE MDAF 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 ORGANIZATION PARTIES.

THE ORGANIZATION PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MDAF 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. ORGANIZATION PARTIES 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 ORGANIZATION PARTIES 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 MDAF WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MDAF 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 MDAF WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MDAF WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY ORGANIZATION PARTY 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 MDAF WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MDAF WEBSITE

SERVICE CONTACT: Michigan Dental Association Foundation, 3657 Okemos Road, Ste. 200, Okemos, MI 48864. Phone: 517.372.9070.

Termination/Access Restriction

MDAF reserves the right, in its sole discretion, to terminate your access to the MDAF 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 MDAF website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MDAF as a result of this agreement or use of the MDAF website. MDAF’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MDAF’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MDAF website or information provided to or gathered by MDAF 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 MDAF with respect to the MDAF website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MDAF with respect to the MDAF 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

Intellectual Property; Limited License

Except for Submissions, all text, graphics, logos, trademarks, and other content on the MDAF website, and the selection and arrangement of that content (“Site Content”), are owned by MDAF or its licensors and are protected by copyright, trademark, and other laws. MDAF grants you a limited, revocable, non-exclusive, non-transferable license to access and view the MDAF website and Site Content for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, publicly display, or create derivative works from Site Content, or use MDAF name, logos, or trademarks, without MDAF prior written permission.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
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.
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 MDAF’s designated agent as provided in the Privacy Policy. ALL INQUIRIES NOT RELEVANT TO THIS NOTICE WILL RECEIVE NO RESPONSE. A notification must be in writing and include the information required by 17 U.S.C. § 512(c)(3)(A). MDAF may, in appropriate circumstances, terminate the access of users who are repeat infringers.