Terms and Conditions of Use of DANB.org

Welcome to the website of the Dental Assisting National Board, Inc. (“DANB”). Please take a few minutes to review the following statements containing important legal information, privacy policies and other terms and conditions of use of this site. Thank you for your cooperation.

SUMMARY OF IMPORTANT LEGAL INFORMATION
The DANB website, which includes all content within the domain danb.org, (the “Site”) is produced by and for DANB.  All use of the Site is subject to the Terms and Conditions set forth below. By entering and using the Site, you acknowledge that you have read and understood such Terms and Conditions and that you agree to abide by them. The Site is designed and intended to provide information and resources related to the examination, certification, and other credentialing services provided by DANB and other information and resources related to the dental assisting profession. DANB does not endorse, guarantee, warrant, or recommend any third-party information, products or services discussed or advertised on the Site or linked from the Site.

Information Presented by DANB. The content presented on behalf of DANB on the Site is designed for informational purposes. Although DANB endeavors to ensure the accuracy and reliability of information presented on the website, it does not guarantee the accuracy, completeness, efficacy or timeliness of such information, and therefore, makes no representation or warranty regarding the same. Furthermore, DANB does not endorse, guarantee, warrant, or recommend any third-party information, products or services discussed or advertised on the Site or linked from the Site. 

Liability of DANB and its Licensors. The Site and information provided on the Site is provided on an “as is” and “as available” basis, with all faults. Neither DANB nor any person associated with DANB makes any warranty or representation with respect to the quality or availability of the Site. Specifically, but without limiting the foregoing, neither DANB nor anyone associated with DANB warrants or represents that the Site or the information provided on the Site will be accurate, reliable, error-free, uninterrupted; that defects will be corrected; that the Site or the servers that make it available are free from viruses or other harmful components; or that the Site will otherwise meet your needs or expectations. DANB disclaims all warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose or non-infringement. In no event will DANB or its contractors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Site, including any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions, or other inaccuracies in the Site or the content transmitted on the Site or personal injury, whether or not there is negligence by DANB and whether or not DANB has been advised of the possibility of any such damages.

User Obligations. You agree to comply in all respects with these Terms and Conditions as they may be amended, updated or revised from time to time.  Your failure to comply with the provisions of copyright and trademark restrictions and member obligations may expose you to civil and/or criminal liability.

Copyright and Trademark Notices. The content of material provided by DANB on the Site is copyrighted by DANB or used by DANB under license or other legal authority. DANB and its licensors retain all copyrights and other proprietary rights in or relating to any content, including any software, provided on the  Site. All rights are reserved and such content may not be reproduced, downloaded, modified, published, displayed, disseminated, or transferred, in any form or by any means, except with the prior written agreement of DANB or as indicated below. You may download and print a small number of copies of the content for scientific or educational uses. You may download and print as many copies of DANB forms and DANB candidate guides as needed for the purpose of completing such forms and submitting such to DANB to apply for a DANB examination or perform another transaction with DANB; in such event, you may also download and print a copy of each form or candidate guide used for your records. You may not sell, transfer, reproduce, transmit, distribute, perform or display such content for any commercial purpose without the prior express written consent of DANB.

PRIVACY POLICY
DANB provides the following privacy policy (the “Privacy Policy”) in order to demonstrate our firm commitment to privacy. DANB may need to change this Privacy Policy from time to time in order to address new issues and to reflect changes on our Site. Please refer back to this Privacy Policy regularly because your use of the Site signifies that you agree to be bound by the terms and conditions of this Privacy Policy, as amended from time to time.

A. Collection of Personal Information. When you initiate a transaction or request for information on the Site, DANB may ask for information about you. Such information may include name, age, education level, gender, postal address, e-mail address, zip code, credit card information, and telephone number. When corresponding with DANB or when making a request for information or otherwise interacting with DANB through the website, you choose what information to supply, what questions or comments to submit, and by what method of communication information should be delivered. Please take care to share only such information as is needed and that you believe is appropriate. The information you share will be used to fulfill the request or complete the transaction you initiated, in accordance with this Privacy Policy and with additional terms and conditions as may be set forth at the time of the transaction. If you supply us with your postal address and/or e-mail address via the Site, you may receive periodic mailings from DANB or its affiliates with information on new products and services or upcoming events. If you do not wish to receive such mailings, you may request to be excluded from such mailings by calling DANB at the telephone number provided in section L, sending an e-mail message to the e-mail address provided in section L, or writing to DANB at the mailing address provided in section L. If you provide us with your telephone number via the Site, DANB will use your telephone number only to contact you about the order or transaction that you have initiated via the Site.

Some transactions may require that you leave the DANB Site and complete the transaction on the site of a third-party vendor with which DANB has an agreement. These third-party sites may be subject to terms and conditions and policies that differ from those described in these Terms and Conditions of Use. Please refer to any terms and conditions or policy documents available at those sites for additional information.

B. Use of Personally Identifiable Information. DANB may share your information with its affiliate organizations. However, DANB will not sell or otherwise transfer or disclose personally identifiable information to third parties without the user's prior consent except as may be required by federal, state or local law, or by rules regulating the oral healthcare professions, or by exigent circumstances. That means that DANB will not disclose your name, e-mail address, street address or phone number to third parties without your consent. We may use your personally identifiable information to compile and display content and information that we think you might be interested in. DANB also may use your profile information on an aggregate basis -- without personal identifiers -- to develop and display new features and content for the Site, and to provide others with aggregate information about our users and the usage patterns of the Site. DANB also may perform statistical analyses of user behavior (on an aggregate basis) in order to measure interest in and use of the various areas of the Site. You may be asked to consent to specific uses of your information at the time you perform a transaction on DANB's Website. Please read the terms and conditions associated with each transaction before completing the transaction.

C.  Use of Personally Identifiable Information for Credential Verification. The DANB Site may provide information about individuals who have passed exams administered by DANB, such as name, city and state of residence, certification status, certification number, exam passing status, and information about other DANB-administered credentials held. Other identifying information is not made available to Users through the credential verification process. Users of the Site agree to use the credential verification information for legitimate purposes, such as verification of credentials for employment or regulatory reasons or to verify certification status prior to publication of certification designations. Users of the Site agree not to use credential verification information, in whole or in part, for mailing lists, solicitations, fundraising or commercial purposes.

D. New and Unanticipated Uses. From time to time, DANB may use users’ information for new, unanticipated uses not previously disclosed in this document. If DANB’s information practices change in the future, DANB will revise this policy and post such revised policy to its website at www.danb.org/termsandconditions.asp to notify you of these changes. DANB will use for new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should refer back to this document periodically.

E. Retention of User Information. It is not possible for a user to delete his or her profile from our database, nor is it feasible to delete all traces of a user's activity in the system.

F. Collection of Non-Personal Identification Information and Use of Cookie Technology. DANB may collect non-personal identification information through the use of “cookie” technology and/or Internet Protocol (“IP”) address tracking. Cookies are small text files a website can use to recognize repeat users and facilitate the user’s ongoing access to and use of the site. Non-personal identification information might include the browser used by the user, the type of computer, the operating systems, the Internet service providers and other similar information. The DANB system also automatically gathers information about the areas the user visits on the Site and about the links the user may select from within the Site to other sites. DANB may collect aggregate information on what pages you access or visit and the length of time you spend at DANB’s website. The information DANB collects is used to improve the content and content delivery of the Site, including online content, materials, and services that we describe or make available on the Site.

DANB cannot control the use of cookies by third parties whose sites a user visits or links to from the Site. Most browsers are set to accept cookies. You can set yours to refuse cookies, or to alert you when cookies are being sent.

G. Password-Protected Areas. DANB does not warrant or represent that the information you submit to the Site will be protected against loss, misuse, or alteration by third parties. If you access an area of the Site that requires a password, you are responsible for taking all steps to ensure that no other person has access to your password or account. It is your sole responsibility to (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your password; and (3) promptly inform DANB of any need to deactivate your user name or password. You permit DANB and all other persons or entities involved in the operation of the website to transmit, monitor, retrieve, store and use your information in connection with the operation of Site. DANB does not and cannot assume any responsibility or liability for any information submitted by you to the Site or for your or third parties’ use or misuse of information transmitted or received through the Site.

H. Links to other sites. Users may find advertising or other content on the Site that enable linking to the sites of advertisers and other third parties. These third party sites may have their own privacy policies or no policy at all. The DANB Privacy Policy does not apply to such other sites. DANB has no control over and is not responsible for the content displayed on such sites, nor over the measures, if any, that are taken by such sites to protect the privacy of user information. Users should check the privacy policy of any third party site before providing personally identifiable information.

I. Security of Information. DANB is committed to keeping user information secure, and uses industry standard technology in an attempt to achieve that goal. DANB has appropriate security measure in place in its physical facilities to protect against loss, misuse, or alteration of information that DANB has collected from you at the Site.

J. Release of Information to Comply with Legal Requirements or Government Request. DANB reserves the right at all times to disclose any information uploaded to or appearing on the Site to the extent necessary to comply with any applicable law, regulation, legal process, subpoena or governmental request.

K. Parental Permission. USERS UNDER 18 YEARS OF AGE MUST OBTAIN PARENTAL PERMISSION TO USE THE SITE. Adults should not assist unauthorized children to access the Site. DANB will not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age, except in the event that an individual under the age of 18 is enrolled in a dental assisting education program or is accessing the Site for purposes of applying for an examination necessary to practice as a dental assistant in a state that allows individuals under the age of 18 to be employed as dental assistants.

L. Contact Information. DANB welcomes your comments and questions. All comments and questions regarding this Privacy Policy should be directed to DANB by e-mail at web@danb.org. You may also contact DANB by telephone at 1-800-FOR-DANB, or by post at the following address:

Dental Assisting National Board, Inc.
Attention: Privacy Policy
444 N Michigan Ave Ste 900
Chicago IL 60611

If you do not want to receive e-mail from DANB, send an e-mail message to optout@danb.org requesting removal from DANB’s electronic mailing list.

LINKS TO OTHER SITES AND ADVERTISING ON
The Site contains links to third party websites. These links are provided solely as a convenience to users and not as a guarantee, warrantee, endorsement or recommendation by DANB of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. DANB is not responsible for the content of linked third-party sites and does not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party websites. Furthermore, DANB is not responsible for webcasting or any other form of transmission received from any linked website. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

THE SITE ALSO MAY CONTAIN ADVERTISEMENTS BY THIRD PARTIES. DANB MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. DANB DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY INFORMATION, PRODUCT OR SERVICE CONTAINED IN ADVERTISEMENTS.

COMPLAINT PROCEDURES
Any suspected violations of these Terms and Conditions or misuse of the Site should be immediately reported to DANB at web@danb.org.

MISCELLANEOUS CONDITIONS OF USE
Resolution and Disputes. These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and DANB with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have that arises out of or relates to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of or relating to the Site shall be in the state or federal courts located in the State of Illinois. You agree and submit to the jurisdiction of such courts.

If any part of the Terms and Conditions are unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of the Terms and Conditions shall remain in full force and effect. DANB’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and DANB nor any trade practices shall be deemed to modify the Terms and Conditions.

AGREEMENT
BY ENTERING AND USING THE DANB SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF ALL SITES WITHIN THE DANB.ORG DOMAIN, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS DANB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS, AND OTHERS INVOLVED IN THE DELIVERY OF THE WEBSITE OR THE DELIVERY OF INFORMATION, PRODUCTS OR SERVICES OVER THE WEBSITE, FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, FROM ANY CLAIM, COMPLAINT OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS.

EFFECTIVE DATE: 10/21/09
LAST REVISED DATE: 12/04/09