The terms "you," "your," and "yours" refer to you, the visitor to or user of the website. The terms "Align," "we," "us," and "our" refer to Align.
Please note that this website may be hosted and/or serviced by a third party.
1. MEDICAL DISCLAIMER
All information contained on this website, including information relating to orthodontic, dental, medical and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This website does not create a doctor-patient relationship.
2. USE OF THE WEBSITE’S CONTENT
By visiting and using the website, you represent to us that you are at least 18 years old.
Except as expressly provided above, nothing contained in this website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Align or any third party.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this website and your purchase of products or services through this website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions (including our Privacy Statement), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Statement could be subject to criminal or civil penalties.
3. USER CONDUCT
You agree to not use the website to:
- post or transmit any material that is unrelated to the subject matter of the website;
- violate or solicit the violation of any applicable local, state, national or international law or regulation;
- violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights;
- interfere with or disrupt the website, computer servers or boards accessible through the website;
- intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without permission; or harvest usernames, email addresses or other personal information for any purpose;
- impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
- engage in or facilitate the transmission of unsolicited mass mailing or spamming, or
- order products for resale.
If you do use the website to commit any of the above, Align may, at its sole discretion, terminate your ability to use the website and prosecute you to the fullest extent allowed by law.
You will need to establish an account with us to purchase items at iTero Store. During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; and (iii) you are not a competitor of Align or any of its products. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us at of any potential unauthorized use(s) of your account, or breach of security.
If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a user name that Provide Commerce in its sole discretion deems offensive; and (iv) you are not a competitor of Provide Commerce, or an agent thereof. Align cannot, and will not, be liable for any loss or damage arising from your failure to comply with these obligations.
5. ORDERING PRODUCTS AND SERVICES
By submitting an order, you represent that you are at least 18 years old, and have the legal authority to contract for products and services.
All prices listed on the Sites are subject to change. Align attempts to be as accurate as possible. If any item is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. Align does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Align is not as described, your sole remedy is to return it in unused condition for an iTero Store credit.
For each product or service you order on any of the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges, and any applicable delivery and shipping fees) as of the time you submitted the order. Upon shipment, Align will automatically bill your credit card submitted as part of the order process for such price. Align only accepts credit card payments for orders through the iTero Store website.
Products provided free-of-charge, such as marketing material, will not incur shipping fees.
6. ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and will adjust the amount charged accordingly. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped.
Align shall automatically charge and withhold the applicable sales tax for all eligible orders. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item in accordance with state tax laws. The tax rate applied to your order will generally be the combined state and local rate for the address where your order was shipped.
You are solely responsible for knowing and paying any applicable use tax of your state.
Align is not responsible for:
- Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender or
- Product quality problems caused by improper handling by the recipient.
Risk of loss will pass to you upon shipment of the product. Align will not be responsible or liable for failure to deliver or delays in delivery or performance due to causes beyond its reasonable control. Align retains right of title of the product only to allow for recovery in case of default.
8. EXPORT LAWS
9. ORDER CANCELLATION AND RETURN POLICY
At Align’s discretion and upon written request, Align may authorize cancellation of specific iTero store orders BEFORE the order has shipped. For cancellation requests, please call iTero Customer Care.
All orders are non-refundable. Returned products are eligible for iTero Store credit only. Align does not take title to returned items until the item arrives at our fulfillment center.
10. FEEDBACK AND CONTENT SUBMISSION
11. MODIFICATION AND TERMINATION OF WEBSITE
Align and its delegate reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part of it) with or without notice. You agree that Align shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. Align and its delegate may also make improvements and/or changes in the products, services, and/or the programs described in this website at any time without notice. However, Align disclaims any responsibility to update, improve or change this website.
12. OTHER WEBSITES AND RESOURCES
Third parties using the website may provide links or access to other websites and resources. Because Align has no control over such sites and resources, you acknowledge and agree that Align is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Align shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource.
Additionally, this website may be hosted through a third party, which would then utilize their resources and technology to facilitate proper use of this website and purchases made through the website.
14. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND FOR INFORMATIONAL PURPOSES ONLY. ALIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING OR ACCESSING OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALIGN OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
15. LIMITATION OF LIABILITY
ALIGN AND ITS OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (THE ‘ALIGN PARTIES') WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALIGN HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEEDS THE SUM OF ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
16. COPYRIGHT/INTELLECTUAL PROPERTY INFRINGEMENT
Align respects the intellectual property rights of others, and requires you to do the same. It is the policy of Align to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the website in a way that constitutes copyright or other intellectual property infringement, please contact Align at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (2) a description of the work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.
Attention: Copyright Agent
19. LEGAL DISPUTES
20. MODIFICATION OF AGREEMENT
Attn: Invisalign Online Clinical Education Center
2560 Orchard Parkway
San Jose, California 95131