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Civil Subpoena Policy

DentalPlans.com, Inc., its subsidiaries and corporate affiliates (collectively, “our,” “us” or “we”) operate websites, provide products and services through mobile and other applications, and develop software that are governed, as applicable, by our terms of use (our “TOU”). Certain terms used in this document have the meanings set forth in our TOU. This civil subpoena policy (this “Policy”) applies to our sites and services and are incorporated into our TOU. If there is any conflict between this Policy and our TOU, this Policy will control. By using our sites and services, you are a “user” and you accept and agree to our TOU and this Policy as a legal contract between you and us.

  1. General: We hold user information in accordance with our Privacy Policy and TOU.  Non-public information about our users is not released except as lawfully required by appropriate legal process, such as subpoena, court order, or other valid legal process.
  2. Emergency Requests: We evaluate emergency disclosure requests on a case-by-case basis.  If we receive information that gives us a good faith belief that there is an emergency involving the imminent death or serious physical injury to a person, we may provide information necessary to prevent that harm, if we have it. You may make an emergency disclosure request by email to [email protected] with the subject “Emergency Request for Disclosure,” including the following information: Your name, address, cell phone number, email address, and a detailed explanation of the circumstances that demonstrate the possibility of imminent death or serious physical injury occurring.
  3. Service of Subpoenas: If you seek the identity or account information of a user in connection with a civil (as opposed to criminal) legal matter, you must serve us with a subpoena at the address below and agree to compensate us for our subpoena response services according to the terms of this Policy: DentalPlans.com, Inc., 909 N. Sepulveda Blvd., 11th Floor, El Segundo, CA 90245; Attn: Legal Department - Subpoena Processing.

We are headquartered in El Segundo, California and will only respond to legal process in compliance with California State and United States Federal law.  

We only accept legal process delivered by a process server, US certified mail or overnight courier.  We do not accept legal process via fax or e-mail.  Acceptance of legal process by these means is for convenience only and does not waive any objections, including lack of jurisdiction or proper service.

  1. Notice to Users; Response Time; User Objections:  Upon receipt of a valid civil subpoena, we will promptly notify the user whose information is sought via email.  If circumstances do not amount to an emergency, we will not immediately produce the user information sought by the subpoena and will provide the user an opportunity to move to quash the subpoena in court. Users should consult with an attorney should they object to the disclosure of their information. We will disclose the information requested by the subpoena or legal request unless we receive a copy of a request for court order that we not do so no later than noon on the day that is two days before our compliance with the request is due.
  2. Fees for Subpoena Compliance:  We will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within ten (10) business days from the date of receipt of our invoice. Our subpoena compliance costs are as follows:

Research: $75/hour – paralegal administration; $125 hour for database administrators
Federal Express: $20
Copies: $0.25 per page

We also reserve the right to request a copy of the complaint and any supporting documentation to indicate how our records are related to the pending litigation which underlies a subpoena or other legal process.

Last updated: October 30, 2017.

Copyright Policy

DentalPlans.com, Inc., its subsidiaries and corporate affiliates (collectively, “our,” “us” or “we”) operate websites, provide products and services through mobile and other applications, and develop software that are governed, as applicable, by our terms of use (our “TOU”). Certain terms used in this document have the meanings set forth in our TOU. This copyright policy (this “Policy”) applies to our sites and services and are incorporated into our TOU. If there is any conflict between this Policy and our TOU, this Policy will control. By using our sites and services, you are a “user” and you accept and agree to our TOU and this Policy as a legal contract between you and us.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website at: http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our sites and services that are properly reported to our Copyright Agent identified below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our sites or services by sending a DMCA notice and delivering it to our Copyright Agent. Upon receipt of the notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from our site or service. The notice must:

  • Identify the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by the notice, you may provide a representative list of the copyrighted works that you claim have been infringed;
  • Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found, and (ii) the reference or link to the material or activity that you claim to be infringing that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the site where such reference or link may be found;
  • Provide your mailing address, telephone number and, if available, email address;
  • Include both of the following statements in the body of the notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your full legal name and your physical or electronic signature

Deliver this notice, with all items completed, to our Copyright Agent (and if sending electronically with the subject line “DMCA Complaint”):
DentalPlans.com, Inc.
Attention: Legal Department, Copyright Agent
909 N. Sepulveda Blvd., 11th Floor
El Segundo, CA 90245
[email protected]

For clarity, only DMCA notices should go the Copyright Agent. Any other feedback, comments, requests for technical support and other communications should be directed to the applicable site or service. You acknowledge if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

How to File a Counter Notice
If you believe your content that was removed (or to which access was disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content, you may send a notice containing the following information to the Copyright Agent:

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content;
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
  • Your physical or electronic signature;

When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account's record, and we may replace the content that was removed.

There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

Last updated: October 30, 2017.

Liquidated Damages
DentalPlans.com, Inc., its subsidiaries and corporate affiliates (collectively, “our,” “us” or “we”) operate websites, provide products and services through mobile and other applications, and develop software that are governed, as applicable, by our terms of use (our “TOU”). This liquidated damages policy (this “Policy”) applies to our sites and services and are incorporated into our TOU. If there is any conflict between this Policy and our TOU, this Policy will control. By using our sites and services, you are a “user” and you accept and agree to our TOU and this Policy as a legal contract between you and us.

Certain terms used in this Policy have the meanings set forth in our TOU. In addition, for purposes of this Policy:

  • "Item of Content" means each and every instance of content of any type posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner). For example, each single post to our sites and services (including but not limited to any ad, comment, flag or message posted to the sites and services), each single data file stored on our sites and services (including but not limited to any account information, text, code, images, video or binary file), and each single communication transmitted via our sites and services (including but not limited to any email or response to an email) is a single “Item of Content.” Each “Item of Content” shall be considered and treated as an individual, discrete “Item of Content” even if it contains the same or substantially similar content as one or more other Items of Content.
  • "Account" means each and every account of any type applied for, requested or created by any means.
  • "Instance of Unauthorized Conduct" or "Instance" means each individual time our sites or services are accessed in connection with or in facilitation of a violation of the TOU.  With respect to the Instances of Unauthorized Conduct enumerated in paragraph 5 below, each day that our sites and services are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
  • "Attempt" shall be defined pursuant to California law.

TOU violations harm the functionality, integrity, and reputation of our sites and services; interfere with and detract from users' and customers’ beneficial use and enjoyment of our sites and services; and are detrimental to our business.  Pursuant to Sections 10 (Damages) and 11 (Injunctive Relief) of the TOU, you acknowledge and agree that we incur actual damages as a result of any TOU violations detailed below. You further acknowledge and agree that actual damages caused by such violations are extremely difficult, impossible or impractical to determine or quantify. Consequently, you agree it is fair and reasonable for us to obtain injunctive relief to prohibit future violations of the TOU and recover liquidated damages for past violations of the TOU.  You further acknowledge that the amounts set forth below reflect reasonable estimates of our actual damages from each such violation and that such estimates are reasonably related to the actual damages incurred by us by each such violation.

For each TOU violation below, you therefore agree to pay liquidated damages to us in the amount specified. You further acknowledge and agree that the imposition of liquidated damages for each such TOU violation is independent and distinct, and that the assessment of total liquidated damages for multiple TOU violations is cumulative. Any conduct or content that is permitted pursuant to a written license agreement with us shall not be deemed in violation of the TOU as long as the conduct or content is specifically authorized pursuant to the terms of the license agreement.

1. $50 Per Item of Content.  You agree to pay $50 per Item of Content posted or stored on, or transmitted via our sites and services either by you or on your behalf: (a) using any automated means to perform any step of any process for submitting content (in whole or in part); (b) by any means that circumvent any technological measure implemented by us to restrict the manner in which content may be submitted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users; or (c) using Accounts that are created or used in violation of Section 3(b) (Accounts) of the TOU.
Liquidated damages under this Section 1 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 1 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.

2. $100 Per Item of Content.  You agree to pay $100 per Item of Content posted or stored on, or transmitted via our sites and services either by you or on your behalf: (a) that offers, promotes, advertises or provides links to unsolicited products or services (except that the content described in section 4(g) of this Policy shall be subject to liquidated damages as provided in section 4(g)); (b) that violates guidelines for particular categories or services; or (c) for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner and under any circumstance (including but not limited to ads, emails and other communications with users of the service).
Liquidated damages under this Section 2 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 2 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.

3. $100 Per Account/Instance.  You agree to pay $100 per Account/Instance of Unauthorized Conduct: (a) if you create, maintain or use at any time more than one Account to post content; (b) if you create one or more Accounts for or on behalf of another; (c) if you permit, enable, induce or encourage someone else to create one or more Accounts on your behalf; (d) if you use other users' Accounts (with or without their knowledge or consent) (including but not limited to your use of any Account you purchase or otherwise do not personally create); (e) for any Account you purchase, offer, market, sell, or distribute; (f) for any Account you create for another; (g) for any Account you create by any automated means; (h) if you use any Accounts created in circumvention of any technological restriction or security measure in the Account creation process; (i) if you create any Accounts in circumvention of any technological restriction or security measure in the Account creation process; (j) for any product, software, or tool (including but not limited to CAPTCHA credits) you acquire, purchase, offer, market, sell, or distribute, that facilitates circumvention of any technological measure implemented by us to restrict the manner in which content may be posted on the service or to regulate the manner in which content may be transmitted to other users; (k) if you collect users' personal information (including but not limited to email addresses, IP addresses and telephone numbers), or (l) for any activities (including but not limited to posting voluminous content) that are inconsistent with use of the service in compliance with the TOU or that may impair or interfere with the functionality, performance or quality of all or any part of the service in any manner.
Liquidated damages under this Section 3 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 3 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.

4. $1,000 Per Item of Content.  You agree to pay $1,000 per Item of Content that contains: (a) illegal content; (b) content that facilitates the creation, advertising, distribution, provision or receipt of illegal goods or services; (c) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (d) content that discloses another's personal, confidential or proprietary information; (e) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via the service); (f) malicious content (including, without limitation, malware or spyware); or (g) content that offers, promotes, advertises, provides links to or solicits posting or auto-posting products or services, account creation or auto-creation products or services, bulk telephone numbers, or any other product or service that if utilized with respect to the service would violate the TOU or our other legal rights.
Liquidated damages under this Section 4 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 4 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.

5. $25,000 Per Instance of Unauthorized Conduct.  Technology can be misused to facilitate harm to our sites and services, users, and/or our business on a massive scale.  Accordingly, you agree to pay $25,000 per Instance of Unauthorized Conduct that includes: (a) copying, aggregating, displaying, distributing or creating derivative use of our sites or services or any content posted on our sites and services (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds); (b) access to or use of our sites or services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, and mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with our sites and services (including, without limitation, to access content, post content, respond to content, transmit content, create accounts, use accounts, circumvent security measures, or flag content); or (c) decompiling, disassembling or reverse engineering all or any part of our sites or services in order to identify, acquire, copy, or emulate any source code or object code.

Liquidated damages under this Section 5 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 5 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.

Last updated: October 30, 2017.