Terms of use

Last updated: October 5, 2016

Our web site

Welcome to the Align Web Site ("Web Site"), a web site operated by Align Technology Switzerland GmbH (referred to as "Align", "we" or "us" in these Terms of Use). We are a company registered in Rotkreuz, Switzerland with company registration number CHE-146.357.660.

Please carefully 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 the terms and conditions below (the "Terms of Use"). If you do not agree with these Terms of Use, please do not use or access this Web Site (or any material contained on it).

It is important for you to note that when using certain sections of this Web Site, your use may be subject to other proprietary notices and copyright information. If this is the case, you will be required to read and confirm your acceptance of any such notices before accessing the relevant section.

Please note that we may amend these Terms of Use from time to time. If we do, we will publish the changes on the Web Site so please review the Web Site periodically for changes. By continuing to use the Web Site after we have made such changes, you will be deemed to be expressing acceptance of the updated Terms of Use. The date at the top of this webpage indicates when these Terms of Use were last updated.

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 any medication.

2. Use of the Web Site's content

The intellectual property rights in the Web Site (including, for example, our trade marks) and copyright in all material stored, displayed and accessible on the Web Site is either owned by us or licensed to us by third parties ("Content"). All such rights are reserved by us or our licensors.

You are not permitted to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Web Site, without our written consent to do so.

You are also not permitted by us to use the Web Site or access the Web Site or any of the Content for commercial purposes.

In spite of this, you may view, use, download, and print selected portions of the Web Site solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact and do not obscure, alter or destroy any copyright, trade marks, service marks, attributions, patent, and other proprietary notices.

3. User conduct

Please note that you are responsible for making all arrangements necessary for you to have access to our Web Site including ensuring you have sufficient equipment and internet connectivity to enable your device to access the Web Site. You are also responsible for ensuring that all persons who access our Web Site through your internet connection are aware of these Terms of Use and any other applicable terms and conditions notified to you, and that they comply with them.

When using the Web Site, you promise not to:

use the Web Site or access it for any fraudulent or unlawful purpose;
use the Web Site or access it to impersonate any person or entity, or to falsely state or otherwise misrepresent its affiliation with any person or entity;
interfere with or disrupt the operation of the Web Site or access to it;
transmit or otherwise make available in connection with the Web Site or access to it any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or programme that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
restrict or inhibit the ability of any other person to access or use the Web Site;
modify, adapt or translate any portion of the Web Site;
remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Web Site; or
use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather or reproduce the Web Site or circumvent the navigational structure or presentation of the Web Site.

4. Feedback

Any feedback, information, suggestions, submissions or materials you submit through or related to this Web Site (a "Submission") will be considered non-confidential by Align unless you inform us otherwise. By providing such Submissions to Align, you agree that Align shall have, at no charge and without the need to attribute the Submission to you, the right to copy, display, distribute and use the Submission.

You also grant us the right to make, 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. Submissions shall not include any patient or doctor confidential information.

5. Modification, suspension and termination of the Web Site

It is important to note that we reserve the right to modify, suspend, or terminate operation of or access to the Web Site, or any portion of the Web Site, at our discretion. For example, we may terminate operation of the Web Site for all users if we no longer provide Invisalign services and products in your region or we may suspend your access to the Web Site for your violation of these Terms of Use.

We may also update the Web Site and change the content at any time. Although we make reasonable efforts to update the information on the Web Site, please note that any of the content on our Web Site may be out of date at any given time, and we are under no obligation to update it.

We may also interrupt the regular operation of the Web Site, or any portion of the Web Site, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.

We also do not guarantee that the Web Site, or any content on it, will be free from errors or omissions and we do not give any warranties, conditions, promises or guarantees (collectively referred to as "promises"), whether express or implied, that the content on the Web Site is accurate, complete or up-to-date.

6. Other web sites and resources

Please note that the Web Site may include links to third party websites, including social media websites such as Facebook or Twitter. These links are provided for your convenience only and do not signify that we endorse such third party websites or any social media account that we have linked to. Because we have no direct control over such sites and resources, we are not responsible for their availability or for any content, advertising, products, or other materials on or available from such sites or resources. We also do not review such third party websites so please note that:

we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability;
we make no promise either express or implied, in relation to any goods or services or information received from such websites; and
if you access any such websites, you do so entirely at its own risk.

You may not frame, link or deep-link to the Web Site to any other website without our prior written consent. Any such consent will be subject to certain conditions. Should you wish to frame or set up a link or deep link to our Web Site please contact Privacy@aligntech.com

7. Privacy and cookies

Our privacy policy (available at http://www.Invisalign.co.uk/en/Sub/Pages/privacy.aspx) (“Privacy Policy”) explains our policies regarding the collection, use, transmission, and processing of your personal data provided by or collected from you via the Web Site (including how cookies are used). You should review the Privacy Policy before using the Web Site and, like these Terms of Use, the Privacy Policy may be changed by us at any time.

8. Disclaimer

Although we do our best to provide an informative Web Site that you'll enjoy browsing, unless where we have expressly set out to the contrary in these Terms of Use, the Web Site is made available to you on an "as is" basis. This means that we do not accept any liability to you in respect of it (subject to paragraph 9 below). It is therefore your responsibility, not ours, to ensure that the Web Site is suitable for your intended purposes when you use it.

Taking this into account, we accept no liability as to the suitability or fitness of the Web Site in meeting your needs and we exclude all express or implied promises, including, without limitation:

that access to the Web Site will be uninterrupted or error-free;
that the Web Site or the computer server from which the Web Site is made available, are free of viruses or other harmful components; and
to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the Web Site or otherwise made available in connection with the Web Site.

Please note that there are some implied promises (often called "warranties") which we legally cannot exclude. To find out more about these and to seek advice about your legal rights, please note that this is available from your free local consumer advice centres in your country of residence. For example, if you are resident in England, then you can contact the Citizens Advice Bureau for more information and guidance.

9. Limitation of liability

Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation, for gross negligence or for any other liability that cannot be excluded or limited by law.

We will not be liable to you for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Web Site or on any website linked to it.

You also acknowledge and agree that the operation of the Web Site is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee and will not be liable for these in any way.

If you are a consumer and are using this Web Site, please note that we only provide our Web Site for domestic and private use. You must not use our Web Site for any commercial or business purposes and we will not be liable to you for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.

10. Our Rights

We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have passed up our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to pass up our right to enforce a default or breach of these Terms of Use by you, we will only do so in writing.

These Terms of Use are not intended to give rights to anyone except you and us.

11. Legal disputes

Any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England and Wales. If you choose to bring proceedings in connection with these Terms of Use you may be entitled to bring these in your own language and in your local courts. A local consumer advice organization will be able to advise you of your rights.

Each of the paragraphs of these Terms of Use operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.

12. Contact Us

If you believe that your copyright (or other intellectual property rights) has been infringed on the Web Site or that there is any content which you believe is illegal or infringes you or a third party's rights, please contact us at Privacy@aligntech.com

If you have any other questions or complaints regarding these Terms of Use or the Web Site, please contact us by email at Privacy@aligntech.com or write to us at Suurstoffi 22, 6343 Rotkreuz, Switzerland.

Terms of Use

Use of the Align websites ("website") is subject to your adherence to the following terms.

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

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.

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.

Use of the Website’s Content

By visiting and using the website, you represent to us that you are at least 13 years old. Further, by visiting and using the website, you represent to us that, if you are under the age of majority in your state (i.e., if you are a minor), you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms of Use. IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THE WEBSITE. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE (I.E., IF YOU ARE A MINOR), DO NOT USE THE WEBSITE WITHOUT CONSENT OF A PARENT OR LEGAL GUARDIAN.

Subject to these Terms of Use, we grant to you a limited, personal, revocable, non-exclusive, non-transferable license to use the website for your personal use and not for resale or further distribution. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes use of the website, access to the website or any of the content accessible through the website. 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 website in any way.
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.

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, e-mail 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.
You agree to not use. 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.

Feedback and Content Submission

Any comments, feedback, information, suggestions, submissions or materials you submit through or related to this website (a "Submission") will be considered non-confidential by Align. 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. By making a Submission, you agree you have the right to do so free of any claims from any third party, and agree to bear sole responsibility and liability for any claims related to such Submission. A user shall not make a Submission unless he/she (and his/her parent or legal guardian) agrees to grant to Align a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify and to create derivative works of any Submission, and a non-exclusive right to use the name and likeness of any person mentioned or included in such Submission in connection with any use of the Submission and in connection with any derivative works that may be created from the Submission in any media, software or technology of any kind now existing or developed in the future, including the advertising thereof; (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell, and sell, rent, lease or lend copies of the Submission and derivative works thereof; and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, all without expectation of compensation, other than the right to access and use the website pursuant to these Terms of Use.

Modification and Termination of Website

Align reserves 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 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.

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.

SMS Terms & Conditions

Text SIGNUP to 33017 to sign up for Invisalign Alerts. By providing your cell phone number, you have provided Align Technology with consent to send you text message alerts, notifications and reminders. By providing this consent, you are authorizing Align Technology to contact you using automatic telephone dialing systems, automatic texting systems and artificial or pre-recorded messages. By providing this consent, you have also represented that you are the owner or customary user of any cell phone number, which you have provided to us. Your cellular providers Message & Data Rates May Apply.

These Terms & Conditions are subject to change at any time, and we may notify you of any updates by sending you a text message with a link to the revised terms and conditions and/or posting revised terms and conditions on the Invisalign.com website. We also reserve the right to terminate our text message program at any time.

Please be aware that our text message program does not currently provide for two-way communication, other than sending auto-responses if you text STOP or HELP as specified below.

Message Frequency and Cost

The number of Align Technology text messages that you receive may vary but will not exceed eight messages/month. Message and data rates may apply to each text message sent or received in connection with Align Technology text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Align Technology does not impose a separate fee for sending text messages.

Opt-Out or STOP

You understand that, at any time, you may withdraw your consent to receive text messages. If you wish to stop receiving text messages from us, text STOP to 33017 or reply STOP to any text message we have sent. Your opt-out will only be effective as to the cell phone number from which you send the STOP request or that you specify.

Support or HELP

If at any time you need our contact information, information on how to stop text messages, or these Terms & Conditions, text HELP to 33017 or reply to any text message we have sent you and in the reply text message simply type HELP. Upon receiving your text message, we will respond back to you with a text message with information to contact our customer support team directly.

Carriers Supported

Compatible carriers include: AT&T, Sprint, T-Mobile®*, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - Syringa, Rina - UBET, Rina - Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless. Not all pre-paid phones are supported

*T-Mobile is not liable for delayed or undelivered messages

Privacy Policy

Align Technology respects your right to privacy. You can view our privacy policy here.

Privacy

We may collect registration and other information about you through the website. Our collection and use of this information is governed by our Privacy Statement available. The Privacy Statement also explains how your information is used and who has access to it.

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.

Limitation of Liability

ALIGN AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND THEIR OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (THE RELEASED 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.

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.

Align Technology
Attention: Copyright Agent

E-mail:
copyrightagent@aligntech.com

Indemnity

You agree to indemnify and hold Align, and the Released Parties, harmless from any costs, damages, expenses and liability, including reasonable attorney's fees, arising out of or related to your use of the website or website content, your violation of these Terms of Use, or your violation of any rights of another person or entity.

Notices

Notices to you may be made via e-mail. Align may also provide notices of changes to these Terms of Use or the website by displaying notices or links to notices to you generally on the website.

Legal Disputes

These Terms of Use and your relationship with Align shall be governed by the laws of the State of California 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 county of Santa Clara, California, USA.

Modification of Agreement

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

General

These Terms of Use constitute the entire agreement between you and Align with respect to the website and supersede all prior agreements and understandings between you and Align. Align's failure to enforce any provision of these Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of these 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, 3, 4, 6, 8, 9, 10, 11, 13 and 15 of these Terms of Use shall survive any termination of the Terms of Use.

If you are a California resident, you may have a copy of these Terms of Use e-mailed to you by sending a letter with your e-mail address and a written request for the Terms of Use to: Align Technology, Inc., 2820 Orchard Parkway, San Jose, California 95034, Attn: Invisalign Online Clinical Education Center.