Terms of Use

Welcome to align-usa.com!

Please take a few minutes to review the following Terms of Use. The Terms of Use and the Privacy Policy of Align Inc. (“Align,” “we” or “us”) govern your use of the Internet website at www.align-usa.com (the “Website”).

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BY USING THE WEBSITE, OR BY DISCLOSING TO US PERSONAL INFORMATION, YOU AGREE THAT: (1) YOU READ AND UNDERSTOOD THESE TERMS OF USE, (II) YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND (III) YOU ACCEPT AND AGREE TO ABIDE BY ALL LAWS AND REGULATIONS APPLICABLE TO THESE TERMS.

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IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, THEN PLEASE DO NOT USE THE WEBSITE, OR DISCLOSE ANY PERSONAL INFORMATION THROUGH THE WEBSITE.

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MINIMUM AGE REQUIREMENTS
This Website is not directed to children. Access to and use of this Website is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not use this Website. Any person who provides their personal information to this Website represents that they are 13 years of age or older (or 16 years or older in the European Union).

INTELLECTUAL PROPERTY NOTICE
Unless otherwise noted, all materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, written and other materials that appear on the Website or in connection with Align’s products and services (collectively “Content”) are copyrights, trademarks, trade dresses, design patents and/or other intellectual property (collectively, “Intellectual Property”) of Align.

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Virtually every product and every aspect of services Align provide its customers are subject to Align’s Intellectual Property rights. All worldwide rights, title and interest in and to such Intellectual Property rights associated with the Content are owned by or licensed to Align. You may download and print selected portions of the Content if you: (1) use these copies only for your own personal, non-commercial use; (2) do not copy, store or post the Content on any network or website or transmit the Content in any media whatsoever; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading. Align or its licensor reserves all right, title, interest and full intellectual property rights in any Content you download from the Website. Except as noted above, you may not copy, download, store, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from or otherwise use the Content.

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All trademarks appearing on this Website, including, but not limited to, OneBigOutlet®, BELLEZE®, KidZone®, Arksen®, NOVATTIC™ and DELLA are either registered and/or common law trademarks owned by or licensed to Align.

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Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license to any patent, trademark or other intellectual property right of Align or any third party. Align makes no representations or warranties that any use of the information contained on this Website will not infringe any such patent, trademark or other intellectual property right of Align or any third party.

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Should you view the Website and respond with information (excluding Personal Information, which is addressed under the Privacy Statement) including, comments, suggestions and questions regarding the content of the Website by contacting us, such information shall be deemed to be non-confidential and Align shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Align shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.

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RESPONSIBILITY OF VISITORS AND USERS
Although we take reasonable measures to protect information about you, you are ultimately responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

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THIRD PARTIES’ SOFTWARE, LINKS AND PUBLICATIONS
The Website may contain software of third-party service providers and links to third party websites or Internet resources and advertisers that are not owned or controlled by Align. Our provision of software from third parties or links to third-party websites or Internet resources is for your convenience only and does not signify our endorsement of any such other website or resource or its contents. Align shall have no responsibility or liability for any content, information, software, materials or practices of any third-party website or internet resource.

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INACCURACY DISCLAIMER
Align strives for its services, Content, and other materials on the Website to be accurate. However, from time to time, there may be information available on or through the Website or another website maintained by Align that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Align reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. No advertisement or product listing is a binding offer of sale. Since the actual colors you see will depend on the monitor of your particular device, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

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REPRESENTATIONS AND WARRANTIES
THE PRODUCTS DISPLAYED AND THE SERVICES DESCRIBED ON THE WEBSITE AND ALL CONTENT AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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THEREFORE, YOU ACKNOWLEDGE THAT: (I) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK; (II) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THROUGH WHICH YOU USED THE WEBSITE AND ITS CONTENTS; AND (III) THAT ALIGN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.

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YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ALIGN OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE.

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IN NO EVENT WILL ALIGN, OR ITS SUPPLIERS, PARTNERS, OR LICENSORS, BE LIABLE WITH RESPECT THE WEBSITE UNDER ANY THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; AND/OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA ON THE WEBSITE. ALIGN SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

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INDEMNIFICATION
You agree to defend, indemnify and hold harmless Align and its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur arising from or relating to your use of the Website or any violation of these Terms of Use.

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YOUR PRIVACY
Align takes your privacy seriously. Please read our Privacy Policy. Your use of the Website constitutes acceptance of our Privacy Policy.

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MISCELLANEOUS
These Terms of Use, together with any other rules or guidelines posted in connection with our website, constitute the entire and exclusive and final statement of the agreement between you and Align with respect to the subject matter hereof, and govern your use of the Website, superseding any prior agreements or negotiations between you and Align with respect to the subject matter hereof. The failure of Align to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Use is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms of Use shall continue in full force and effect.

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VENUE
The proper venue for any disputes arising out of or relating to these Terms of Use, any access to the Website or your use of our services provided through the Website will be the federal and state courts located in Los Angeles County, California.

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CHANGES TO TERMS OF USE
We reserve the right, at our discretion, to change these Terms of Use at any time. Please check this page and the link to this page from our homepage periodically for changes. Those changes will go into effect on the date the Website is updated. The effective date of any update date will be shown at the top of this page. Any updated Terms of Use will apply to all current and past users of the Website and will replace any prior Terms of Use that are inconsistent.