Terms of Use 

USE OF THE ALIGN WEB SITE IS SUBJECT TO YOUR ADHERENCE TO THE FOLLOWING TERMS.

Welcome to the Align Web Site ("Web Site"). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any information and/or materials from the Web Site, you agree to follow and be bound by these terms and conditions of this Terms of Use (the "Terms of Use"). If you do not agree with this Terms of Use, please do not use this Web Site. This Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

1. MEDICAL DISCLAIMER

All information contained on this Web Site, including information relating to dental, medical and health conditions, 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 a medical professional or any information contained on or in any product packaging or labels. Information obtained by using the Web Site is not exhaustive and does not cover all ailments, physical conditions or their treatment. The information posted is for informational purposes only and is to be used at your own risk. You should never disregard providing dental or medical advice or delay in providing medical advice because of something you have read on this Web Site, and you should not use the information contained on this Web Site for diagnosing a dental or health problem or prescribing a medication.

2. USE OF THE WEB SITE'S CONTENT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Web Site, access to the Web Site or any of the content accessible through the Web Site. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our website for any public or commercial purposes. You are not permitted to modify any materials from this Web Site in any way. You agree to expressly identify Align as the copyright holder for any material or information that you copy from this Web Site. This permission terminates automatically without notice if you breach any of this Terms of Use. Upon termination, you will immediately destroy any downloaded or printed materials.

Except as expressly provided above, nothing contained in this Web Site will be construed as conferring by implication, estoppel, or otherwise any licence or right under any copyright, patent, trademark or other intellectual property right of Align or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any Align copyright and all contents on our website are protected by copyright. Any product, process, data, information or technology in this Web Site may be the subject of other intellectual property rights and are reserved by Align and is not licensed hereunder.

3. USER CONDUCT

You agree to not use the Web Site to: violate or solicit the violation of any applicable local, state, national or international law; infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; or interfere with or disrupt the Web Site, computer servers or boards accessible through the Web Site. If you do use the Web Site to commit any of the above, Align may, at its sole discretion terminate your ability to use the Web Site.

4. FEEDBACK

Any feedback, information, suggestions, submissions or materials you submit through or related to this website (a "Submission") will be considered non-confidential by Align. By providing such Submissions to Align, you hereby agree that Align shall have, at no charge, a non-exclusive, transferable, royalty free, worldwide right and license to copy, use, make derivative words of, display and distribute any copyrights and other intellectual property rights in and to, or based upon, the Submissions. Align shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Align, have full responsibility for the Submissions, including their legality and copyright. Notwithstanding anything to the contrary in these Terms of Use, Submissions shall not include any patient or doctor confidential information.

5. MODIFICATION AND TERMINATION OF WEB SITE

Align reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (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 Web Site. Align may also make improvements and/or changes in the products, services and/or the programs described in this Web Site at any time without notice. However, Align disclaims any responsibility to update, improve or change this Web Site.

6. OTHER WEB SITES AND RESOURCES

Third parties using the Web Site may provide links or access to other Web Sites 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 Web Sites available on or through any such site or resource.

7. USE OF COOKIES

Although acceptance of cookies is not required to visit the Web Site, we do use cookies. Cookies are small text files stored on computer hard drives and are regularly used to analyse individual Web Site activity. By collecting and remembering information about your visit to a Web Site, cookies allow web applications to recognise and respond to your individual preferences. A cookie file may contain information that the Web Site uses to respond to you as an individual and to tailor a Web Site experience to your preferences.

Some parts of the Web Site use cookies. This enables Align to determine the usefulness of information provided to our users and to analyse the effectiveness of our navigational structure in providing you that information. In the end, cookies help us provide you with a better Web Site experience.

If you prefer not to receive cookies on our Web Site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. If you have set your browser to not allow cookies, you will still be able to access the Align Web Site, however, this may affect your perceived usability of our Web Site.

8. DISCLAIMER OF WARRANTIES

Information accessed on the Web Site is not exhaustive. Align makes reasonable efforts to include accurate and current information, whenever possible, but makes no warranties or representations as to its accuracy or completeness. THE INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT AND MERCHANTABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 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 AND NON-INFRINGEMENT. (b) ALIGN MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY BY ALIGN.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALIGN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE SHALL NOT BE LIABLE FOR ANY 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 SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS, DATA OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE.

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

11. INDEMNITY

You agree to indemnify and hold Align, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our site, your violation of the Agreement, or your violation of any rights of another person or entity.

12. NOTICES

Notices to you may be made via either email or regular mail. Align may also provide notices of changes to this Terms of Use or the Web Site by displaying notices or links to notices to you generally on the Web Site.

13. LEGAL DISPUTES

This Terms of Use and your relationship with Align Technology shall be governed by the laws of the Netherlands without regard to its conflict of law provisions. You and Align agree to submit to the personal and exclusive jurisdiction of the courts located within the Netherlands. This Terms of Use and your relationship with Invisalign Australia Pty Ltd (exclusive distributors for Invisalign in Singapore, New Zealand, Hong Kong, Indonesia, Thailand, Vietnam, Indonesia, Taiwan, Korea and Malaysia) shall be governed by the laws of your respective country without regard to its conflict of law provision. You and Invisalign Australia agree to submit to the personal and exclusive jurisdiction of the courts located within your respective country.

14. MODIFICATION OF AGREEMENT

We may amend this Terms of Use at any time by posting the amended terms on our site at www.invisalign.com.au and you are responsible for regularly reviewing this Terms of Use. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Web Site following the effective date of any modifications shall constitute your binding acceptance of those modifications.

15. GENERAL

This Terms of Use constitutes the entire agreement between you and Align with respect to the Web Site and supersedes all prior agreements and understandings between you and Align. Align's failure to enforce any provision of this Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of this Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Sections 1, 2, 4, 6, 8, 9, 10, 11, 13 and 15 of this Terms of Use shall survive any termination of the Terms of Use.

This Terms of Use and your relationship with Align Technology shall be governed by the laws of the Netherlands without regard to its conflict of law provisions. Both parties submit to personal jurisdiction in the Netherlands and further agree that any cause of action relating to this Terms of Use shall be brought in a court in the Netherlands.

This Terms of Use and your relationship with Invisalign Australia Pty Ltd (exclusive distributors for Invisalign in Singapore, New Zealand, Hong Kong, Indonesia, Thailand, Vietnam, Indonesia, Taiwan, Korea and Malaysia) shall be governed by the laws of your respective country without regard to its conflict of law provision. You and Invisalign Australia agree to submit to the personal and exclusive jurisdiction of the courts located within your respective country.

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