These Terms and Conditions (the “Terms”) create a legal agreement between you (a “User”) and Align Technologies, Corp. (“Align”). These Terms govern your use of the website, services, and software (collectively, the “Services”) provided by Align. By accessing or using the Services, you acknowledge and agree that you (a) have the right, authority, and capacity to enter into this agreement and (b) have read, understand, and agree to be bound by these Terms. Align may, from time to time, modify these Terms. Please check this page periodically for updates. Your continued use of the Services after any such update to these Terms constitutes your binding acceptance of such changes.
To access the Services, you must register for an account by providing your name and valid email address, create a password, and provide us with other requested information. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. Align will not be liable for any loss, damages, liability, expenses or attorneys’ fees that either you or Align may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization.
You must use the Services in a manner consistent with any and all applicable laws and regulations. Align reserves the right to immediately suspend or terminate your account or your access to the Services should you fail to abide by these Terms or use the Services for any illegal or unauthorized purposes.
If your access to and use of the Services is based on your employment and/or membership in a business organization or legal entity that has paid for a license and/or subscription to Align (“Customer”), you acknowledge and agree that Align may notify Customer of any violations by you of these Terms and that the both Align and/or Customer may control your use of the Services in accordance with applicable local laws, including, but not limited to, restricting your access to the Services, enabling or disabling third-party integrations, accessing, modifying, or removing your Content (as defined below) and/or terminating your access to your account for any reason.
Accounts activated or registered by “bots” or other automated methods are not permitted. If Align has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services without the express written permission of Align.
If you qualify for a free Align coach account, you agree to use such free coach account solely for the limited purposes of strategic planning, execution and growth of your personal coaching practice. You expressly agree that you will not use your free coach account in connection with any for-profit or non-profit enterprise that you may be associated with or in which you may have an operational role.
The Services contain the copyrighted material, trademarks, patents, trade secrets, and other proprietary information (“Intellectual Property”) of Align. Align owns and retains all proprietary rights in the Services and the Intellectual Property. The provision of Align’s Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property. You may not: distribute, sub-license, translate, reverse-engineer, decompile, or disassemble the Services or Intellectual Property or the source code thereof, or attempt to derive the source code thereof in any other way; modify the Services or Intellectual Property or merge all, or any part, of the Services or Intellectual Property or the source code thereof into another program; or remove, modify or alter any of Align’s Intellectual Property from any part of the Services or Intellectual Property or the source code thereof.
The Services allow you to submit information, text, images, and other materials (“Content”). If your access to and use of the Services is through a Customer account, you acknowledge and agree that the Customer owns all Content that you submit or upload to the Services. However, Align maintains a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit and display your Content for the limited purpose of providing the Services to you and to improve the quality of Align’s products and platform. By providing Content to Align, you represent and warrant that you have the right to provide such Content to Align and that such Content does not infringe, misappropriate, violate or contravene any laws, regulations, or rights of third parties (including, without limitation, any rights in Intellectual Property). You understand that Align does not control, and is not responsible for, user generated Content, which may contain errors and inaccuracies, and that by using the Services, you may be exposed to Content from others that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree to indemnify, release, and hold Align harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.
To the fullest extent permitted under applicable law, the Services are provided by Align “As Is” without warranty, representation, or guarantee of any kind, either expressed or implied, including, but not limited to, any warranty of quality, merchantability, fitness for a particular purpose, accuracy or non-infringement, all of which are expressly disclaimed by Align. Align does not guarantee and does not promise any specific results from the use of the Services.
To the fullest extent permitted under applicable law, in no event shall Align or its directors, officers, employees, agents or other representatives be liable to you or any other person or entity for any indirect, incidental, special, consequential, or punitive damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of or in connection with the Services, whether or not Align has been advised of the possibility of such damages and regardless of the legal or equitable theory upon which the claim is based. If the foregoing limitation of liability is found to be unenforceable, Align’s liability for any claim or cause of action arising from your use of the Services will at all times be limited to the amount you paid to Align for the Services during the twelve (12) months preceding such cause of action.
You agree to indemnify, defend and hold Align and its affiliates, directors, officers, agents, employees, representatives and other partners harmless from any loss, liability, claim, demand or cause of action of any kind, including, but not limited to, reasonable attorney’s fees, asserted by any third party in connection with or arising from your use of the Services, submission of Content, violation of these Terms or any applicable law, or any breach of your representations and warranties set forth herein.
Align reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) and will provide notice to you of such modification or discontinuance. You agree that Align shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services. These Terms are effective unless and until terminated by you or Align. If Align terminates your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate. Termination of your account may also include, at Align’s sole discretion, the deletion of your account and/or your Content. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
These Terms shall be construed in accordance with and governed by the laws of Louisiana notwithstanding its conflicts of law provisions. You acknowledge and agree that any dispute arising out of these Terms and/or your use of the Services shall be initiated and brought in the state or federal courts of Orleans Parish, Louisiana.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.
Effective as of September 10, 2020