Clearfy Terms of Service

OVERVIEW

Along with 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. If you use this site, you agree to the terms of our Privacy Policy. Throughout the site, the terms “we”, “us” and “our” refer to Clearfy offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms stated here.

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.

GENERAL CONDITIONS

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.

SEVERABILITY

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.

PERSONAL INFORMATION

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

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.

Clearfy 
Attention: Copyright Agent 
E-mail: Legal@alignfy.com 

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.

INTERPRETATION

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

DISPUTE RESOLUTION/MANDATORY ARBITRATION

ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND CLEARFY OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT CLEARFY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. {' '} The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (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, it shall be conducted by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. If any in-person appearances are deemed appropriate, they will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Each of the parties shall bear its own fees and costs of the arbitration and shall share the expenses and fees of the arbitrator. If you are able to demonstrate that the costs of arbitration will be unaffordable as compared to the costs of litigation, Clearfy will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. Additionally, the arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. The entire arbitration, including the arbitrator’s decision, shall be confidential unless otherwise agreed by the parties.

Except for any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that, the other parts of this Dispute Resolution provision shall still apply. If the court does find any part of this Dispute Resolution provision is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.

USE IN THE UNITED STATES; GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services 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.

Please also note that information submitted by you to us may be transmitted to and shared with third parties located in other countries, in order to provide services to you.

CONTACT INFORMATION

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