By visiting our site and/ or purchasing something from us or from third parties or our affiliates through the site, you engage in our “service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. The name “Clearfy” and any logos, names or other identifying marks are the property of Clearfy or our affiliated orthodontists or vendors.
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, then you may not access the website or use any services.
By agreeing to these Terms of Service, you represent that you are at least the legal age in your state or province of residence, or that you are the legal age in your state or province of residence and you 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 of or access to the website following the posting of any changes signifies acceptance of those changes. The headings used here are included for convenience only and will not limit or otherwise affect these Terms.
You understand you cannot use our products or our site for any illegal or unsanctioned purpose nor can you, in the use of the service, encroach upon any laws in your jurisdiction (including but not limited to copyright laws). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion 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 express written permission by us. You cannot transmit any worms or viruses or any code of a destructive nature. You agree that the site and the services are for personal, non-commercial use only.
You recognize that your content, excluding of credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. However, credit card information is always encrypted during transfer over networks. Apart the prior, we will comply with the requirements of HIPAA as it applies to the electronic transmission of electronic protected health information.
If you fail to comply with the Terms, we may end your access to the site and the services at any time, without notice, as well as conduct to any other resolves that may be attainable to us.
ACCURACY, COMPREHENSIVENESS AND RELEVANCE OF INFORMATION
We are not responsible if information made available on this site is inaccurate, uncomplete 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 consult 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.
AMENDMENTS TO THE SERVICE AND PRICES
Prices for 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not promise, represent or warrant that your use of our service will be uninterrupted, timely, protected or free of error. You explicitly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are – except when expressly stated otherwise by us – 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, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Liability for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise shall in no case be at the responsibility of Clearfy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors. Your use of any of the service or any products acquired 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 sustained as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility will absolutely be at your own risk.
In such states or jurisdictions where the exclusion or the limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, even so, such provision shall be enforceable to the fullest extent permitted by applicable law. In the determination that any provision is unenforceable, such portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the legitimacy and enforceability of any other remaining provisions.
ELECTRONIC COMMUNICATIONS, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; COPYRIGHT
Clearfy, our affiliates or third-party partners, will communicate with you by email, text or by posting messages on the site. You consent to communicating with us electronically. You agree that electronic communications, including consents and authorizations that you may give, shall satisfy any legal requirements for a writing.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, 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 that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to 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 we determine in our sole discretion is unlawful, offensive, or otherwise objectionable or violates these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material. You further agree that your comments shall not contain any computer virus or other malware that could in any way affect the operation of the service or any related website.
You may not pretend to be someone other than yourself, use a false e-mail address, or otherwise mislead us or third-parties. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Clearfy respects intellectual property rights. We may terminate the access privileges of persons who infringe the copyright or intellectual property rights of others.
If you believe that your work has been posted 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 interest; (4) your address, telephone number and e-mail 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 above information in your notice is accurate and that you are the owner or authorized to act on the owners behalf.
Attention: Copyright Agent
Upon receipt of a notice of claimed infringement that satisfies the above requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any content that is claimed to be infringing (subject to contrary proof being obtained) upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
DISPUTE RESOLUTION/MANDATORY ARBITR