Terms of
Service

In addition to reading these Terms of Service, you should also read Clearfy's Privacy Policy, which explains how we may collect and use your personal information. This website is operated by Clearfy. By using this site, you agree to the terms of our Privacy Policy. Throughout the site, the terms "we", "us" and "our" refer to Clearfy offering this website, including all information and services available on this site to you, the user, subject to your acceptance of all terms established here.

By visiting our site and / or purchasing something from us or from third parties or our affiliates through the site, you participate in our "service" and agree to be bound by these terms and conditions ("Terms of Service", "Terms"), including additional terms and conditions and policies referenced in this document and / or available via hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and / or content contributors. The name "Clearfy" and any logos, names or other identifying marks are the property of Clearfy or our affiliated orthodontists or providers.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, you will not be able to access the website or use any services.

By accepting these Terms of Service, you represent that you are at least of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and / or changes. Your continued use or access to the website after the posting of any changes signifies your acceptance of such changes. The titles used here are included for convenience only and will not limit or affect these Terms.

You understand that you may not use our products or our site for any illegal or unauthorized purpose nor may you, in the use of the service, violate the laws of your jurisdiction (including, but not limited to, copyright laws). You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service or access to the service or any contact on the website through which the service is provided, without our express written permission. . . You may not transmit any worms or viruses or any code of a destructive nature. You agree that the site and services are for personal and non-commercial use only.

You acknowledge that your content, excluding credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to meet and adapt to technical requirements for connecting networks or devices. However, credit card information is always encrypted during transfer over networks. In addition to the above, we will comply with HIPAA requirements as it applies to the electronic transmission of electronic protected health information.

If you do not comply with the Terms, we may terminate your access to the site and services at any time, without prior notice, as well as any other resolution that we may obtain.

We are not responsible if the information available on this site is inaccurate, incomplete or out of date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions.

You should always seek the consultation of primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

The prices of products and services (including those sold by third parties through the website, including affiliated orthodontists) are subject to change without notice.

We reserve the right to modify or discontinue the service (or any part or content thereof), at any time.

We do not promise, represent or guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. You explicitly agree that your use or inability to use the service is at your own risk.

The service and all products and services delivered to you through the service, except where we expressly indicate otherwise, are provided "as is" and "as available" for your use. Specifically, our service to you does not provide representation, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title, and noninfringement.

Liability for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of earnings, loss of income, loss of savings, loss of data, replacement costs or any similar damages, whether by contract, tort (including negligence), strict liability or otherwise, will in no event be the responsibility of Clearfy, our directors, officers, employees, affiliates, agents, contractors, interns, vendors, suppliers of services or licensors. Your use of any of the services or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind suffered as a result of the use of the service or of any content (or product) published, transmitted or made available through the service, even if you are informed of its possibility, it will be at your own risk.

In those states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability will be limited to the maximum extent permitted by law.

If any provision of these Terms of Service is found to be illegal, void, or unenforceable, such provision will still apply to the fullest extent permitted by applicable law. In the determination that any provision is unenforceable, such part will be deemed separate from these Terms of Service. Such determination will not affect the legitimacy and applicability of any other remaining provision.

You agree that our Privacy Policy governs your submission of personal information through the store. You also agree that any information you submit through the site that is communicated to our affiliated orthodontists will be accurate and complete.

Clearfy, our affiliates or third-party partners, will communicate with you by email, text message, or by posting messages on the site. You agree to communicate with us electronically. You agree that electronic communications, including any consents and authorizations you may give, will meet the legal requirements for a deed.

If, at our request, you submit certain specific submissions (for example, contest entries) or without a request from us, you submit creative ideas, suggestions, proposals, plans or other materials, either online, by email, by Post or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you submit to us.

We do not have and will not be required to (1) keep any comments confidential; (2) pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation, to monitor, edit, or remove content that, in our sole discretion, we determine is illegal, offensive, or objectionable, or violates these Terms of Service.

You agree that your comments will not violate any rights of a third party, including copyright, trademark, privacy or other rights. Additionally, you agree that your comments will not contain defamatory or illegal, abusive or obscene material. Furthermore, you agree that your comments will not contain any computer viruses or other malware that may in any way affect the operation of the service or any related website.

You cannot pretend to be someone other than yourself, use a false email address, or mislead us or third parties. We do not assume any responsibility or take any responsibility for comments posted by you or any third party.

Clearfy respects intellectual property rights. We may terminate the access privileges of individuals who infringe the copyright or intellectual property of others.

If you believe that your work has been published on the Clearfy website in a way that infringes your intellectual property rights, please contact Clearfy at the address below and provide the following information: (1) a description of the work that you claim has been infringed; (2) a description of the content on our website that you claim is infringing, including the URL or other location on the website where the claimed infringing material is located; (3) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property; (4) your address, telephone number, and email address; (5) 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 (6) a statement by you, made under penalty of perjury, that the information above in your notice is accurate and that you are the owner or authorized to act on behalf of the owners.

Clearfy
Attention: Copyright Agent
Email: Legal@alignfy.com

Upon receipt of a notice of claimed infringement that meets the above requirements (or any statement pursuant to 17 USC § 512 (c) (3)), we will act quickly to remove or disable access to any content that is alleged to be infringing (subject to the obtaining of contrary evidence) on the copyright of anyone under the laws of the United States and will terminate the access privileges of those who repeatedly infringe the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Any ambiguity in the interpretation of these Terms of Service will not be construed against the writing party.

ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, BY THE ONE HAND, AND CLEARED OR ITS SUPPLIERS OR SUPPLIERS, BY THE OTHER HAND, IF THEY ARE BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION ANOTHER LEGAL THEORY WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD IN COURT BY A JUDGE OR JURY AND YOU ACCEPT THIS CLARIFICATION AND YOU ARE WAIVING THE RIGHT OF TRIAL. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED AND YOU AGREE TO WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail? doc=ADRSTAGE2021424), as amended by this Agreement. If necessary, the arbitrator will conduct hearings, conducted by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines, at your or our request, that an in-person hearing is appropriate. If any in-person appearance is deemed appropriate, it will be held in a location that is reasonably convenient for both parties, with due consideration for your ability to travel and other relevant circumstances. If the parties cannot agree on a location, that determination must be made by the AAA or by the arbitrator. Each party will bear its own fees and costs of the arbitration and will share the expenses and fees of the arbitrator. If you can show that the costs of the arbitration will be unaffordable compared to the costs of litigation, Clearfy will pay most of your filing and hearing fees in connection with the arbitration that the arbitrator deems necessary to avoid the arbitration being a cost - prohibitive. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. In addition, the arbitrator will have the authority to grant temporary, provisional, or permanent injunctions or injunctions that provide for specific compliance with this Agreement, but only to the extent necessary to provide remedial measures justified by the individual claim before the arbitrator. The award issued by the arbitrator can be confirmed and enforced in any court that has jurisdiction over it. Notwithstanding the foregoing, nothing in this Agreement will prevent you from coming to the attention of federal, state or local agencies and, if permitted by law, they may seek relief against you for you. All arbitration, including the arbitrator's decision, will be confidential unless the parties agree otherwise.

Except for any of the terms above in this Dispute Resolution provision in relation to the waiver of class and representative actions, if a court decides that, the other parts of this Dispute Resolution provision will still apply. If the court determines that any part of this dispute resolution provision is invalid or unenforceable, then the entirety of this dispute resolution provision will be null and void. The rest of the Agreement will continue to apply and will not be affected by this separation provision.

These Terms of Service and any other agreement by which we provide services to you shall be governed by and construed in accordance with the laws of the state of Florida, United States.

This site is hosted in the United States and is intended only for users located in the United States.

Also keep in mind that the information you send us may be transmitted and shared with third parties located in other countries, to provide you services.

Questions about the Terms of Service should be sent to support@alignfy.com. (You can also contact us at (561) 791-6261 or write to us at: Clearfy Customer Support, 1930 S Dixie Hwy STE C6, West Palm Beach, FL 33401.

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