Terms of service

INVISALIGN ACCESSORIES WEBSTORE TERMS AND CONDITIONS
UNITED STATES

THANK YOU FOR CHOOSING US. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THIS IS A CONTRACT AND THESE TERMS GOVERN YOUR USE OF THE INVISALIGN ACCESSORIES WEBSTORE (“SITE”) AND HOW WE PROVIDE PRODUCTS TO YOU VIA THESITE. BY USING THE SITE, CREATING AN ACCOUNT, OR PLACING AN ORDER, YOU ARE AGREEING TO THE TERMS DETAILED BELOW.

FOR CUSTOMERS IN THE UNITED STATES: YOU ARE AGREEING THAT ALL DISPUTES BETWEEN US WILL BE SETTLED THROUGH SMALL CLAIMS COURT OR THROUGH BINDING ARBITRATION RATHER THAN JURY TRIAL OR A CLASS ACTION AS DESCRIBED IN FURTHER DETAIL IN SECTION 10 BELOW.

  1. SCOPE.These are the terms and conditions (“Agreement”) under which Align Technology, Inc and/or its subsidiaries and affiliates (referred to as "Align", "we", "our" or "us") will supply products, services or content (collectively “Products”) to you via the Site. This Agreement is between you and Align. Please read this Agreement before you submit your order. By using the Site, placing an order, or creating an account, you agree to be governed by this Agreement.

  2. 如何与我们联系。Align's principal offices at 410 North Scottsdale Road, Suite 1300 Tempe, Arizona 85281. You can contact us through our Consumer Support Team atinvisalignaccessories@aligntech.com
  1. ELECTRONIC COMMUNICATIONS.From time to time, we may be required to send you communications about our Products (including Third Party Products described inSection 18). You agree we may do so by phone (including SMS text messaging), email or mail, using the contact information you provide to us, or by posting the communication on our websites (including the Site). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be inwriting.

  2. CHANGES TO THIS AGREEMENT.We reserve the right to make changes to this Agreement, in whole or in part, at any time. Changes to this Agreement will be effective when posted on the Site or (if applicable) when we notify you. It is important that you review any changes to this Agreement, because your continued use of the Site indicates your agreement to and acceptance of any changes.
  1. RESTRICTION.By using the Site, placing an order, or creating an account, you acknowledge and agree that:
    • You are 18 years of age or older (or, if different, that you agree that you have reached the age of majority specific to your country of residence.)
    • You reside in the United States;
    • Our Site and Products are protected under copyright, trade secret, and other intellectual property laws. You agree that you are only granted the right to use the Site and Products (including for allThird Party Products) for the purposes described by Align. Align reserves all other rights (including any intellectual property rights) in the Site and
    • You will not modify copy, disassemble, or reverse engineer any Products purchased from the
    • 您不得出售、租赁、出租或分销(例如进口或出口)任何产品,包括通过本网站购买的第三方产品。You agree to use the Products for personal, household purposes on
    • You will not use, nor will you permit any third party to use Products purchased on the Site in a manner that violates any applicable law, regulation, or this
    • You may be asked to supply certain information in connection with an order, including, but not limited to, a valid credit card number or other payment account information, a billing address, and shipping information, and you agree that all information you provide to us is accurate, current, and
    • By placing an order you are opting to self-pay for the Products, even though some Products may be eligible for insurance or other health benefits
    • To use Products in accordance with the instructions included with the
    • Align does not give any medical, dental, or health care IF YOU HAVE OR ARE EXPERIENCING A MEDICAL EMERGENCY, SEEK IMMEDIATE MEDICAL ATTENTION OR DIAL 911.

  2. PRODUCT AVAILABILITY & DESCRIPTIONS. ; FINAL SALES.All Products offered for sale by us on the Site are subject to availability, and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. We take reasonable care to ensure that the Product descriptions, images and pricing provided to you are up to date and correct. Products which are marked as 'Final Clearance', 'Final Sale', 'Clearance' or similarly are sold 'as is' and while supplies last and are not returnable or refundable.
  1. PRICE; SHIPPING;Product prices will be indicated on the order page when you place your order. Applicable delivery or shipping fees will be as displayed to you on the Site before you place an order. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. We will deliver your order to you as soon as reasonably possible and will endeavor to ship your order within 30 days after the day on which we accept your order. Not withstanding the foregoing, Align is not responsible for delays outside our control. You will be required to pay for your order via the Site and your order will not be deemed accepted by us until payment processing is complete. We reserve the right to re-charge your payment method if your payment method is rejected. If after you have placed an order and you discover an error in the price of the Product you ordered, please refer to Section 8 below. The Site may also enable you to store your payment information (for example, a credit card number or online payment portal) for payment of future orders and you agree that we may store your payment information for that purpose. If you are able to create an account (by providing a user credential and password) on the Site, your account information page may provide a summary of the order and charges processed by us. We will also use your payment method to process orders for Third Party Products (as detailed in Section 18 below).
  1. CHANGES TO ORDERS;如果您想更改您的订单,请与我们联系。如果有可能改变,我们会让你知道的。You may cancel an order you have placed through the Site any time up to two business days after your order by contacting our Consumer Support team atinvisalignaccessories@aligntech.comYou are responsible for any and all loss or damage to the Products once the carrier has delivered the Products to the address you provide to us.

  2. 30 DAY RETURN POLICY; EXCEPTIONS.在购买日期后的30天内,您可以以任何原因退还产品,并获得购买价格的全额退款。f you have a problem with or complaint about an Align Product or a Third Party Product ordered from the Site, you can tell us about the problem by contacting our Consumer Support Team atinvisalignaccessories@aligntech.com.请准备好提供您的订单号和购买证明,并按照Align提供的指示处理您的请求。标有“最终清仓”、“最终销售”、“清仓”或类似标记的产品明确排除在本退货政策之外,按“原价”出售,不可退货或退款。

  1. BINDING ARBITRATION; CLASS ACTIONMost disagreements can be resolved informally and efficiently by contacting our Consumer Support Team atinvisalignaccessories@aligntech.comIf not, you and Align agree to be bound by the procedures set forth in thisSection 10.本部分概述Align和您将如何同意解决因本协议的任何方面而产生或与之相关的任何和所有争议或索赔,无论是基于合同、侵权、法规、欺诈、虚假陈述或任何其他法律理论,包括但不限于与网站和产品相关的索赔。Each such claim is referred to individually as “Claim” and collectively as “Claims”.
  • Binding Arbitration.您同意,除下文10.3段中确定的索赔外,任何和所有索赔均应最终通过有约束力的仲裁解决。仲裁应在加利福尼亚州圣克拉拉县进行,并由美国仲裁协会(“AAA”)根据其当时的现行规则进行管理,包括(如果适用)AAA的消费者相关纠纷补充程序。请注意,在仲裁程序中,没有任何法官或陪审团比法院适用的规则更简单和更有限,法院对仲裁员决定的审查是有限的。

  • Class Action Waiver.您和align进一步同意,在任何声称的集体或代表诉讼或程序中,你们每个人只能以个人为基础对另一个人提起索赔,而不能作为原告或集体成员。仲裁员不得合并或加入一人以上的诉讼请求,不得主持合并诉讼、代表诉讼或集体诉讼。此外,仲裁员只能在个人基础上裁决救济(包括货币、禁令或声明性救济),不得裁决任何形式的综合、代表性或集体救济。尽管本条款中有任何相反的规定,如果本条款中的集体诉讼弃权被视为无效或不可执行,或如果仲裁被允许以集体为基础进行,则您或Align均无权仲裁本仲裁条款不受《联邦仲裁法》的约束。仲裁员的裁决对您和Align均有约束力,并可提交给任何有管辖权的法院。

  • Exceptions.ThisSection 10does not apply if: (a) a Claim may be brought in small claims court or (b) for claims involving intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights). You (and Align) can seek to have a Claim resolved in small claims court if all the requirements of the small claims court can be met. Either of us may seek to have a Claim resolved in small claims court in your county of residence or in the Superior Court of California, County of Santa Clara.
  • ArbitrationFees.所有备案、管理和仲裁员费用的支付将受AAA规则管辖。您需要支付AAA的初始申请费,但当仲裁结束时,如果Align超出了您所在县或加利福尼亚州圣克拉拉县的联邦或州法院的申请费,Align将向您报销这笔申请费。Align将不寻求收回我们根据AAA规则或本协议应负责支付的管理费和仲裁费,除非仲裁员认为贵方的索赔或在贵方仲裁要求中寻求的救济的实质是无意义的或出于不当目的(根据《联邦民事诉讼规则》第11(b)条规定的标准衡量)。

  • Notwithstanding any provision in this Agreement to the contrary, you agree that, if Align seeks to delete or materially modify the arbitration provisions described in thisSection10, any such deletion or modification will not apply to any individual Claim of which you have notified us of prior to such modification.

  • Jurisdiction.If thisSection 10is determined to be invalid, unenforceable or inapplicable to a given Claim, then you agree that the Claim must be brought exclusively in a federal court of competent jurisdiction in the Northern District of California or in a state court in Santa Clara County, California. You hereby irrevocably consent to the exclusive jurisdiction and venue of

  • Your 30-Day Right to Opt Out: You have the right to opt out (e.g. tell us you do not agree) to arbitration by sending a written notice of your decision to opt out to the following address:invisalignaccessories@aligntech.com前提是,(a)就与本网站有关的索赔而言,该等通知的邮戳日期必须在您首次访问本网站之日后30天或之前;(b)就与Align产品有关的索赔而言,该等通知的邮戳日期必须在您购买该等产品之日后30天或之前。您的通知应包括您的全名、当前的邮政地址、电话号码和电子邮件地址。If you timely send a notice in compliance with thisSection 10.7, the agreement to arbitrate will not apply to either you or Align. If you do not timely send an opt- out notice, then you agree to arbitrate.

  1. ADVERTISING AND PROMOTIONALWe may communicate to you about other Align services, products, or promotions. Additional terms, conditions, and fees may apply. You acknowledge and agree that any interaction, transaction or agreement you have with third parties because of the advertising and promotional messages displayed to you are entirely between you and such third parties. Align is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.
  1. PRIVACY; DATAAlign is the controller of the personal information it processes about you when you use the Site or Products. You acknowledge that Align will process any personal information you provide in accordance with ourPrivacy Policywhen you use the Site, Products, or when you interact with us.

  2. WARRANTY.TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND (EXCEPT AS MAY BE SET FORTH AND DESCRIBED HEREIN AS TO ANY SPECIFIC PRODUCT), YOUR USE OFTHE SITE AND PRODUCTS ARE AT YOUR OWNRISK AND PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ALIGN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SITE OR PRODUCTS WILL BE: (I) UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION; THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO60 DAYSFROM THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCTS, WHICHEVER ISSOONER.
  1. LIMITATION OF LIABILITY.在任何情况下,我们的联属公司或我们不会对因使用或无法使用本网站或产品而产生的或以任何方式与之有关的任何直接、间接、惩罚性、附带、特殊或相应的损害负责。无论指称的责任是基于合同、侵权、过失、严格责任或其他法律理论,该限制都适用,即使我们已被告知此类损害的可能性。此外,在任何情况下,我们的联属公司或我们都不会对因您使用本网站或产品而产生的超过您支付的任何金额的任何损害负责。如果某些司法管辖区不允许在上述范围内排除或限制损害赔偿,我们在该司法管辖区的责任应限于法律允许的范围内。
  1. INDEMNIFICATION.您同意为我们、我们的联属公司、子公司、合资企业、第三方服务提供商以及我们各自的员工、承包商、代理、高级职员和董事进行辩护、赔偿并使其免受因您违反本协议、您使用或误用本网站、您误用产品或您违反任何第三方权利而产生或与之相关的所有责任、索赔和费用(包括合理的律师费)的损害。

  2. OUR RIGHT TO TERMINATE THIS CONTRACT.We may at our sole discretion and without notice, restrict, deny, or terminate this Agreement, or suspend the Site or Products, effective immediately in whole or in part, if we determine that you have violated this Agreement or we reasonably believe there is fraud, misuse, a security concern, illegal activity or unauthorized access issues, or termination of this Agreement is required to protect the public interest, to comply with applicable Align policy, if you no longer agree to receive electronic communications, or if your use of the Site conflicts with our interests.
  1. OTHERIMPORTANT TERMS
  • Language.本协议的任何翻译都是根据当地的要求进行的,如果英文版本和任何非英文版本之间发生争议,应以英文版本为准。In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in
  • EntireAgreement; Severability; Assignment.“本协议”,包括以下补充条款,是您与Align之间关于其主题的完整协议,并取代所有先前关于其主题的口头或书面谅解、沟通和协议。如果任何具有管辖权的法院裁定本协议的任何部分无效,该部分将被移除,而不影响本协议的其余部分。其余条款将有效并可执行。《联合国国际货物销售合同公约》不适用于本协定。未经Align书面批准,您不得将本协议转让或转让给任何人。但是,Align可在不经您同意的情况下向(a)关联公司、(b)通过Align出售资产向公司或(c)通过合并向继任者转让或转让本协议。任何违反本条的转让均属无效。If you want to request a transfer of this Agreement, contact Align via our Consumer Support Team atinvisalignaccessories@aligntech.com
  1. SUPPLEMENTAL TERMS FOR THIRD PARTY PRODUCTS OR SERVICES.Certain Products manufactured or distributed by third parties (“Third Party Products”) may be offered on the Site. Your choice to purchase any Third Party Products is at your sole discretion, and all payment, delivery, and any other terms, conditions, warranties, or representations associated with any Third Party Products are solely between you and the third party provider. Any representations, marketing statements, descriptions (including statements regarding ingredients) and claims presented on the Site in connection with a Third Party Product are made by the third party manufacturer or distributor, not by Align. You acknowledge and agree that Align is not responsible or liable for any loss or damage as the result of any Third Party products.

其中,Align和Invisalign是Align Technology, Inc.或其附属公司之一的商标和/或服务标志,可以在美国和/或其他国家注册。