Terms of service

Alignerco Corp. Terms of Use

The following terms of use (the “Agreement”) set forth the conditions under which you may access and use the website located at www.alignerco.com, together with any associated subdomains and related URLs (collectively, the “Site”), the Alignerco mobile applications (the “Applications”), and the shopping functions and other services made available through the Site and the Applications (together, the “Services”). By accessing the Site or the Applications, or by enrolling in any of the Services, you signify your assent to be bound by every provision of this Agreement. If you are unwilling or unable to comply fully with the provisions set forth herein, you must refrain from using the Applications and the Services and must promptly leave the Site. This Agreement is entered into between you, on one side, and Alignerco Corp., together with its parent companies, subsidiaries, related entities, affiliates, and affiliated dental professionals (collectively referred to as the “Company”), on the other. References herein to “we,” “us,” or “our” mean the Company. References to “you,” “your,” “User,” or “customer” mean any natural person or legal entity that accepts this Agreement, has access to your account, or otherwise makes use of the Site, the Applications, or the Services. Nothing contained in this Agreement is intended to, nor shall it be construed to, create or grant any rights, benefits, or remedies in favor of any third party.

You are urged to read this Agreement with care. It includes a mandatory arbitration clause and additional terms that govern the manner in which any claims existing between you and the Company—whether arising in connection with the Site, the Services, or otherwise—are to be resolved. In particular, and subject to a narrow carve-out for proceedings that may be brought in small claims court, the arbitration clause requires that all disputes between the parties be resolved through binding, individual arbitration, instead of through proceedings before a court or jury or by way of class action.

Privacy Policy

Beyond your review of this Agreement, you are also encouraged to read our Privacy Notice in order to gain a clearer understanding of the manner in which we gather and process your personal information. By accessing or otherwise making use of the Site and the Applications, you signify your acceptance of, and agreement to be bound by, the terms and conditions described in the Privacy Notice.

Changes to Agreement and Additional Rules of Usage

The Company expressly retains the right, exercisable at any time and without any requirement of advance notice, to revise, amend, or otherwise update the terms of this Agreement. The effective date of the most recent version will be displayed on this page. Your ongoing access to the Site and the Applications, as well as your continued engagement with the Services, shall be deemed an acknowledgement of, and agreement to, any such modification or update.

The Company likewise reserves the right to publish, from time to time, supplemental rules of use that pertain to particular features or sections of the Site and/or Applications. Such supplemental rules will be displayed in the relevant area of the Site or Applications and will be appropriately identified. Your continued use of the Site and the Applications shall constitute your agreement to abide by any such additional rules.

Suspension or Termination of Your Use

Any failure on your part to adhere to the obligations imposed under this Agreement may, in addition to any other remedy available to the Company, result in the immediate suspension or termination of your access to the Services without prior notification. The Company further retains the right, at its sole discretion and without notice, to terminate any user’s ability to access or otherwise use the Site and the Applications for any reason whatsoever.

Ownership of the Site and Applications and Site and App Information

The Site and the Applications are owned and operated exclusively by the Company. Except where otherwise indicated, every element of design and content appearing on the Site and the Applications—including, without limitation, all information and other materials, illustrations, layouts, product designs, icons, navigational elements, images, artwork, graphics, photographs, written text, data, audio recordings, software code, and similar materials, together with the manner in which such elements are selected, compiled, and arranged (collectively, the “Site and App Information”)—is owned by the Company or its affiliates, or has been licensed to the Company by third-party providers. The Site and the Applications, both in their entirety and in respect of their individual components, are protected by copyright, trademark, service mark, trade name, and all other applicable intellectual property and proprietary rights, every one of which is expressly reserved.

Site and App Information is Provided “As Is”

All Site and App Information is supplied on an “as is” basis, with all faults included. You assume all risk associated with the use of the Site and App Information to the extent permitted under this Agreement. Such information may include errors, omissions, or typographical inaccuracies, and may not always be current. The Site and the Applications may be revised, deleted, or otherwise updated at any moment, in any respect, and without prior notice. We further reserve the right, at our sole discretion and at any time, to restrict the availability of any of the Services, the Site, the Site and App Information, or any other materials or items described or made available thereon to any individual, geographic territory, or jurisdiction, and to limit the available quantities of any such services, materials, or items.

Use of the Service by You; User Responsibilities

You are permitted to access and use the Site and App Information solely for your personal informational purposes, for the tracking and management of your own treatment, and for shopping and placing orders through the Site. Save as expressly authorized within this Agreement, the Site and the Applications do not grant you any right whatsoever to use, reproduce, copy, modify, transfer, display, publish, sell, license, prepare derivative works from, publicly perform, or distribute, by any means or process, any of the Site and App Information. The right granted to you to use the Site, the Applications, and the Services is strictly personal in nature; you may not authorize any other party to use them, and you remain fully responsible for all activity occurring through your use, as well as for any use by individuals to whom you grant or permit access. You agree to use the Site, the Applications, and the Services solely for purposes that are lawful, and you acknowledge that any failure to do so may expose you to civil and/or criminal liability.

You additionally represent and warrant that: (a) to the extent so required by applicable law, you have obtained, and will continue to obtain and maintain, all necessary consents, notices, and opt-out mechanisms required to permit our use of your information and Customer Reviews as described in this Agreement and our Privacy Notice; and (b) your Customer Reviews, together with any other content or information you provide to us, do not infringe upon, misappropriate, or otherwise contravene the intellectual property, privacy, or other proprietary rights of any third party.

You agree that you will not, and will not permit any third party to, undertake any of the following:

•        Use the Services in any way that exceeds or otherwise differs from the express scope of permission granted under this Agreement;

•        Use the Services for any purpose, or in any manner, that is unlawful or that this Agreement prohibits, including, without limitation, any use for commercial purposes;

•        Remove, conceal, modify, or alter any copyright notice, trademark, proprietary legend, or other identifying marking displayed within or upon the Services;

•        Translate, merge, adapt, update, modify, reconfigure, reverse engineer, disassemble, decompile, prepare derivative works of, attempt to derive the underlying ideas of, or attempt to access the source code of the Services, or otherwise combine the Services or any portion thereof with any other code, program, material, or service;

•        Copy, reproduce, exhibit, duplicate, sell, publish, disclose, post, license, rent, scrape, or otherwise distribute the Services or any element thereof;

•        Make use of the Services, including any content found within, in a manner that infringes upon or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property right, privacy right, or right of publicity;

•        Engage in fraudulent conduct or misrepresent or falsify any information in connection with your access to or use of the Services;

•        Circumvent any technical restrictions associated with the Services or employ any tool to enable functionality or features that are otherwise disabled within the Services;

•        Take, or attempt to take, any action that would interfere with the proper operation of the Services, that would obstruct other users’ ability to access or use the Services, or that would impose an unreasonable or disproportionate burden upon our systems or infrastructure;

•        Engage in any conduct intended to render the Services or any associated services inoperable or to make their use more difficult;

•        Attempt to disable, damage, overburden, impair, or gain unauthorized entry to the Services or to our servers;

•        Engage in data mining or any similar form of data collection or extraction, or retrieve information or other content from the Services—including, without limitation, through the use of spiders, crawlers, robots, indexing tools, or screen-scraping software—for the purpose of producing or assembling such content for any reason;

•        Harvest or otherwise gather or store personal information regarding any other user of the Services, including, by way of example, email addresses, except with the explicit consent of such user;

•        Submit, transmit, upload, input, or otherwise introduce any information or material that contains viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or any similar harmful or destructive code or routine;

•        Pose as, or attempt to pose as, any individual or entity other than yourself, falsely declare or otherwise misrepresent your identity or status, misstate any affiliation with any individual or entity, fabricate a false identity, or otherwise conceal your true identity; or

•        Send, post, or transmit any unsolicited communications, chain mail, spam, or junk messages through the Services, or attempt to gather personal information regarding third parties without their knowledge or consent.

The Company may, at any time, for any reason, in its sole discretion, and without prior notice or any liability whatsoever, suspend, deactivate, or terminate your access to or use of the Services, and may further terminate this Agreement, including, without limitation, where you are in breach of this Agreement or any other applicable agreement, or where your conduct is inconsistent with applicable law or regulation.

Non-Commercial Use Only

The Site and the Applications are made available exclusively for the personal use of individual users and may not be employed in connection with any commercial activity. No organization, business, or company may use the Services, the Site and App Information, or the Site and the Applications for any purpose without the prior written consent or agreement of the Company. You agree that you will not exploit the Site and App Information through publication, retransmission, distribution, public performance, caching, or any other means, except where such use is permitted by law or specifically authorized in writing under this Agreement or by the Company. Any unlawful or unauthorized use of the Site and the Applications—including, without limitation, the gathering of usernames or email addresses by electronic or other means for purposes of sending unsolicited communications, as well as any unauthorized framing of, or linking to, the Site and the Applications—will be the subject of investigation, and appropriate legal action will be pursued, including, without limitation, civil, criminal, and equitable remedies.

Eligibility to Use the Site, Applications, and the Services

The Site, the Applications, and the Services are not designed for use by individuals under the age of eighteen (18); however, individuals under the age of eighteen may access them in the limited circumstances described herein. To register for any of the Services made available through the Site or the Applications, you must be at least eighteen (18) years of age. A minor below the age of eighteen may use the Site or the Applications only in conjunction with, and under the supervision of, a parent or legal guardian. The Company does not knowingly gather personally identifiable information from any individual under the age of thirteen (13). Children below the age of thirteen should refrain from using the Site or the Applications. In the event that a child under the age of thirteen submits information through any portion of the Site or the Applications, and the Company subsequently learns that the submitting individual is a child, we will undertake reasonable efforts to delete that information promptly. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you possess the legal authority necessary to bind such corporate entity to the terms set forth herein.

Customer Reviews

The Company offers functionality through which you may submit a review concerning the Site and the Services (each, a “Customer Review”). You acknowledge and agree that you bear sole responsibility for any and all Customer Reviews that you make available in connection with the Site and the Services, and you agree to indemnify the Company against all Claims (as defined herein) that arise from any such Customer Review you submit. You further represent and warrant that: (a) you possess the authority to grant the rights described below in respect of any such Customer Review; (b) the Customer Review, and the use of the Customer Review, will not contravene any provision of this Agreement; and (c) every opinion or statement contained in such Customer Review (i) is truthful, honest, and accurately reflects your views regarding the Company and its Services, (ii) is not deceptive or misleading, and (iii) is grounded in your own genuine personal experience. Accordingly, you accept full responsibility for the lawfulness, accuracy, suitability, originality, and ownership rights with respect to any Customer Review you submit.

You hereby grant to the Company, together with its affiliates, subsidiaries, licensees, and assigns, a perpetual, worldwide, royalty-free, non-exclusive, and irrevocable right and license to use, display (whether publicly or privately), reproduce, publish, perform (whether publicly or privately), exhibit, distribute (or cause to be distributed), transmit (or cause to be transmitted), post, broadcast, sublicense, sell, transfer, store, and otherwise exploit, for any commercial or non-commercial purpose, any Customer Review submitted by you on the Site, in whole or in part, for purposes including but not limited to advertising, publicity, internal presentations, communications, training materials, and any other lawful purpose, in any and all media now in existence or hereafter developed, including without limitation the internet, and without any consideration, prior notice, inspection, review, or approval. For the avoidance of doubt, the foregoing license includes the right to modify, edit, combine the Customer Review with other materials, translate the Customer Review, incorporate it into collective works, and create derivative works based on it. You also grant to the Company the right, but not the obligation, to make use of the first name and last initial associated with any Customer Review you provide to the Company, in whole or in part, with no obligation on the Company to exercise such right or to provide any attribution in respect of any Customer Review.

Freight Term, Title Transfer

Unless the parties have otherwise agreed in writing, all products will be shipped on an “FOB Origin” basis (from the Company’s warehouse), regardless of whether freight has been prepaid by the Company or expedited freight has been paid by the customer. Title to, and the risk of loss with respect to, all products shall transfer to the Buyer at the moment of shipment. Neither the timing, the method, nor the place of payment, nor the manner of shipment, the form of any shipping document, or the location at which the Buyer’s order is accepted, shall operate to alter or modify the foregoing.

Disclaimer or Warranty and Limitation of Liability

You expressly acknowledge that your access to and use of the Site, the Applications, and the Services is undertaken at your own risk. The Site, the Site and App Information, and the Services are furnished on an “as is” basis, and, to the fullest extent permitted by applicable law, the Company, together with its affiliates and its third-party service providers, expressly disclaim any and all warranties of every kind, whether express or implied, including, without limitation, any warranties of accuracy, completeness, reliability, title, non-infringement, merchantability, or fitness for a particular purpose, as well as any other warranty, condition, guarantee, or representation, whether oral, written, or in electronic form. The Company, its affiliates, and its third-party service providers neither represent nor warrant that access to the Site or the Applications, or use of their Services, will be uninterrupted; that no failures, errors, or omissions will occur; that no information transmitted will be lost or compromised by a security breach; or that no virus will be transmitted in connection with access to or use of smileset.com.

Neither the Company, nor its affiliates, nor any of its third-party service providers shall bear any liability to you or to any third party in respect of any direct, indirect, special, consequential, or punitive damages arising out of, or in connection with, this Agreement, the provision of any Services hereunder, the sale or purchase of any merchandise ordered through the Site, your access to or inability to access the Site or the Applications, the Site and App Information, or the Services—including, without limitation, in respect of any virus alleged to have been obtained from the Services—or your use of, or reliance upon, the Services, the Site and App Information, or any materials accessed through third-party sites linked from the Site, irrespective of the type of claim asserted or the nature of the cause of action, and even if previously advised of the possibility of such damages. Some states do not permit the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions and limitations may not apply to you. You may also possess additional rights that vary depending on the state in which you reside.

You hereby release and forever discharge the Company, its affiliates, and its third-party service providers, together with each of their respective directors, officers, employees, and agents, from any and all claims, demands, and damages of every nature and description, whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed (the “Claims”), in any way arising from or connected with your use of the Site, the Applications, and the Services. If you are a resident of California, you hereby waive the protections of California Civil Code Section 1542, which states, in part: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, UNAVAILABILITY, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY HARM) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER, OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICES, THIS SITE, THE COMPANY MATERIALS, OR ANY PORTION THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN WHERE THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF WHETHER THE ACTION IS PREDICATED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER LEGAL THEORY. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, OUR MAXIMUM CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE LESSER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CAUSE OF ACTION OR (II) ONE HUNDRED U.S. DOLLARS (US $100.00). CERTAIN STATES AND JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY, AND ACCORDINGLY THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

Electronic Communications

Whenever you visit the Site, use the Applications, or correspond with us by email, you are engaging in electronic communication with the Company. By doing so, you consent to receive communications from us in electronic form. We will communicate with you either by email or through the posting of notices on the Site and/or the Applications. You acknowledge and agree that all agreements, notices, disclosures, and other communications which we deliver to you in electronic form satisfy any legal requirement that such communications be made in writing.

Disclaimer

The Company makes no representation or warranty that the Site and App Information, the Services, or the products offered through the Site and the Applications are appropriate, available, or lawful in any specific location. Anyone who chooses to access the Site and App Information, or the Services and products offered through the Site and the Applications, does so at his or her own initiative, and is solely responsible for compliance with the laws of the relevant jurisdiction, to the extent such local laws are applicable.

www.alignerco.com is for Use in the United States

The Site and the Applications are hosted within the United States and are intended for use by individuals located in the United States. If you are accessing the Site or the Applications from outside the United States, then by visiting the Site, using the Applications, accessing the Services, and/or providing any Content to us, you agree to comply with all laws applicable to the Site, the Applications, the Services, your online conduct, and the appropriateness of any Content. You further agree to comply with all applicable laws governing the transmission of data exported either from the United States or from the country in which you are located.

Trademark Notice

The Company, together with the names, logos, and other identifying marks associated with the Site and the Applications, are the property of the Company. No right or license under any copyright, trademark, patent, or other proprietary right is granted to you by virtue of this Agreement. This Agreement does not effect a transfer of ownership of any such rights. Any other distinguishing words, symbols, or marks used to identify the source of goods or services may be the trademarks of their respective proprietors.

Mobile Message Service Terms and Conditions

The Alignerco mobile messaging service (the “Service”) is provided by Alignerco (referred to herein as “Alignerco,” “we,” or “us”). Your use of the Service constitutes your acceptance of, and agreement to be bound by, these terms and conditions (the “Mobile Terms”). We may modify or discontinue the Service, or any of its features, at any time and without prior notice. To the extent permissible under applicable law, we likewise reserve the right to amend these Mobile Terms at any time, and your continued use of the Service following the effective date of any such amendments shall constitute your acceptance of those changes.

By providing your consent to receive messages through Alignerco’s SMS/text messaging service, you agree to receive recurring SMS/text messages from Alignerco, transmitted through your wireless carrier to the mobile number you have furnished, even if such number is registered on any state or federal Do Not Call list. Standard message and data charges may apply. The frequency of messaging will depend upon your usage. To request assistance, text “HELP”; to discontinue messages, text “STOP.” Messages may be delivered using an automatic telephone dialing system or other comparable technology. Service-related communications may include order updates, account alerts, notifications, and other operational information (for example, order confirmations or status updates). Promotional communications may include marketing offers, special deals, and other promotional materials (for example, flash sales).

You acknowledge that enrollment in this program is not required to make a purchase, and that your consent does not constitute a condition of any purchase from Alignerco. Participation in the program is entirely voluntary on your part. You further represent that you are the authorized account holder of the mobile telephone number you provide upon enrolling in our text messaging program.

We do not assess any charge for the Service itself; however, you remain responsible for all messaging-related charges and fees imposed by your wireless provider. Message frequency varies by use. Standard message and data rates may apply. You should consult your mobile plan and your wireless carrier for further information. Sole responsibility for all charges arising in connection with SMS/text messages, including charges levied by your wireless carrier, rests with you.

You may withdraw from the Service at any time. To do so, send a text message containing the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the number from which you received the message, or where available, click the unsubscribe link contained within any text message. Following such request, you will receive a one-time confirmation message acknowledging your opt-out. You may alternatively opt out by sending an email to care@alignerco.com. After your opt-out, no further messages will be sent to your mobile device unless you initiate further communication. If you are subscribed to additional Alignerco mobile messaging programs and wish to terminate your participation, then unless applicable law requires otherwise, you must opt out of each such program separately by following the instructions provided in their respective mobile terms.

We may, at any time, change any short code or telephone number used to operate the Service, and we will provide you with notice of any such change. You acknowledge that any messages, including any STOP, HELP, or other request, sent by you to a short code or telephone number that has since been changed may not be received, and that we will bear no responsibility for honoring any request contained in such messages.

The wireless carriers that support the Service shall not bear liability for any delay or failure in the delivery of messages. You agree to provide us with a valid mobile number, and you further agree that, in the event you obtain a new mobile number, you will be required to re-enroll in the program using your new number.

To the maximum extent permitted by applicable law, you agree that we shall not be liable for any failed, delayed, or misdirected delivery of any communication transmitted through the Service, for any inaccuracy in such communication, or for any action taken or not taken by you in reliance on such communication or the Service.

We respect your right to privacy. To learn more about how we collect and use your personal information, please refer to our Privacy Notice.

BINDING ARBITRATION & CLASS ACTION WAIVER AGREEMENT

I agree that any and all disputes, claims, or controversies that arise—either directly or indirectly—out of, or in any way relate to, this Agreement, the Services, or any aspect of the relationship between me, on the one hand, and Alignerco Corp., its parent companies, subsidiaries, related entities, or affiliates (collectively, the “Company”), on the other hand, whether grounded in contract, tort, statute, fraud, misrepresentation, or any other legal theory—including, without limitation, claims relating to my account, the Company’s products and services, communications received from or on behalf of the Company, and disputes alleging medical malpractice (collectively, the “Disputes”)—shall be referred to the American Arbitration Association (AAA), or its successor, for confidential, final, and binding arbitration before a single arbitrator. I further agree that arbitration will proceed solely on an individual basis, that class arbitrations and class actions are expressly prohibited, and that I am surrendering my right to commence a lawsuit in court (with the exception of small-claims actions described below); I am likewise relinquishing any right to bring or participate in a class action of any form or in any forum, even if my Dispute is determined not to fall within the scope of arbitration.

I agree that I will deliver written notice of my Dispute to the mailing address set forth below, and that I am required to wait thirty (30) days following Alignerco Corp.’s receipt of such notice before initiating arbitration. Should I commence arbitration, I will do so in compliance with the rules of the American Arbitration Association (AAA) (the “Rules”). The AAA arbitrator shall have jurisdiction over the Dispute and shall be vested with exclusive authority to determine all questions concerning the interpretation, applicability, or enforceability of these terms or the formation of this Agreement, including without limitation the question of arbitrability and any contention that all or any portion of this Agreement is unconscionable, void, or voidable. Any arbitration commenced pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). The party prevailing in such arbitration shall be entitled to recover from the non-prevailing party all reasonable attorneys’ fees, costs, and expenses incurred in connection with the arbitration; provided, however, that this provision shall have no application if I am a resident of California.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Rules, and shall comply with the AAA Minimum Standards (which are incorporated herein by reference). Notwithstanding the foregoing, I acknowledge that I retain the right to pursue a Dispute through small claims court, provided that the Dispute satisfies the criteria for being heard in such court.

I ACKNOWLEDGE AND UNDERSTAND THAT, BY AGREEING TO THESE PROVISIONS, I AM WAIVING ANY RIGHT I MAY OTHERWISE HAVE TO A TRIAL BEFORE A JUDGE OR JURY.

I further acknowledge that, upon initiating arbitration in accordance with the rules of the American Arbitration Association (AAA), I am required to send a copy of the Demand for Arbitration via United States Mail to: Alignerco Corp., Attn: Legal Dept., 16 Herzog Place, Hicksville, NY 11801.

I acknowledge and agree that Alignerco Corp. may, from time to time and in its sole discretion, modify this Agreement to the fullest extent permitted by applicable law, by providing notice of such amendment to the email address Alignerco Corp. has on file for me. I understand that any amendment to this Agreement shall take effect thirty (30) days after such notice has been provided by Alignerco Corp., and that no amendment shall apply to any Dispute that accrued prior to the effective date of the amendment.

The formation, existence, construction, performance, and validity of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware and the laws of the United States, without giving effect to any choice-of-law or conflict-of-law principles.

Miscellaneous

This Agreement, together with any dispute, claim, or controversy that may arise out of or relate to it, shall be governed by, and construed exclusively in accordance with, the laws of the State of New York, with particular reference to the laws applicable in Nassau County, New York, without regard to any principles of conflict of laws that might otherwise direct the application of the laws of any other jurisdiction.

Should any provision of this Agreement be determined to be unlawful, void, or otherwise unenforceable for any reason, then such provision shall be deemed severable from the remainder of this Agreement, and such determination shall not affect the validity or enforceability of any of the remaining provisions.

Any provisions of this Agreement that, by their nature, are intended to survive its termination (including, by way of example, those provisions concerning indemnification and the limitation of our liability) shall continue in full force and effect notwithstanding any termination of this Agreement or any termination of your access to or use of the Services.

This Agreement constitutes the entire understanding between you and the Company in respect of the subject matter addressed herein, and supersedes any and all prior or contemporaneous written or oral agreements between the parties on such subject matter. This Agreement is not assignable, transferable, or sublicensable by you, except with the Company’s prior written authorization. This Agreement governs only the use of the Services. Nothing contained herein shall be construed to create a teaming arrangement, joint venture, or any similar arrangement, unless the parties have expressly executed a written agreement to that effect.

No waiver by either party of any right, obligation, breach, or default arising under this Agreement shall be effective or deemed to be a waiver unless such waiver is set forth in a writing signed by the waiving party. No waiver of any right, obligation, breach, or default shall be construed as a waiver of any prior or subsequent breach or default.

Any heading, caption, or section title appearing in this Agreement has been included solely as a matter of convenience and shall not, in any manner, define, limit, or otherwise affect the meaning or interpretation of any provision herein.