Align Choice Orthodontics

Terms of Use Aling Choice Orthodontics

Aling Choice Orthodontics – Website Terms of Use Your utilization of the Aling Choice Orthodontics website (hereafter, the “website”) is conditional upon your complete acceptance of and adherence to the stipulations detailed in this document. We welcome you to this website, which is operated by Aling Choice Orthodontics (referred to as “Aling Choice Orthodontics,” “we,” “us,” or “our”). We urge you to meticulously examine the ensuing terms and conditions that govern your interaction with this website. By choosing to access, employ, or download any information or materials available herein, you signify your binding agreement to observe and be governed by these “Terms of Use.” Should you disagree with any part of these Terms of Use, you are prohibited from using this website. This website may feature other proprietary declarations and copyright details; the terms of these must also be scrupulously observed. The designations “you,” “your,” and “yours” refer to you, the individual accessing or making use of this website. The designations “Aling Choice Orthodontics,” “we,” “us,” and “our” denote Aling Choice Orthodontics. 1. Essential Disclaimer Regarding Medical Information All information presented on this website, encompassing details related to orthodontic, dental, general medical, and health conditions, as well as products and therapeutic approaches, is furnished strictly for informational objectives. Such information should not be regarded as comprehensive and is explicitly not designed to substitute a direct patient visit, telephone call, professional consultation, or the specific guidance of an orthodontist, dentist, or other qualified medical professional. Furthermore, it does not supersede any information provided on or within product packaging or labels. Knowledge acquired through this website is not exhaustive and does not address every conceivable orthodontic or dental procedure or treatment. The content available on this website, including any links to external sites, is provided for informational purposes only and is not intended as medical advice for any particular medical condition you may have. Engagement with this website does not initiate or constitute a doctor/patient relationship. 2. Guidelines for Utilizing Website Content 2.1 Contingent upon your compliance with these Terms of Use, we extend to you a restricted, personal, revocable, non-exclusive, and non-transferable license. This license permits you to use the website for your private, non-commercial enjoyment and benefit, and not for purposes of resale or wider distribution. 2.2 By accessing and interacting with this website, you affirm to us that you are no younger than 13 years of age. Moreover, by your access and interaction, you further affirm that, if you are considered a minor (i.e., under the age of legal majority) in your jurisdiction, you have secured consent from a parent or legal guardian to use this website, and that said parent or legal guardian has perused and consented to these Terms of Use. INDIVIDUALS UNDER THE AGE OF 13 ARE STRICTLY PROHIBITED FROM USING THIS WEBSITE. MINORS (AS DEFINED BY THEIR JURISDICTION) ARE PROHIBITED FROM USING THIS WEBSITE WITHOUT THE EXPRESS CONSENT OF A PARENT OR LEGAL GUARDIAN. 2.3 You pledge not to replicate, duplicate, copy, vend, resell, or otherwise leverage for any commercial aims any facet of this website, access to it, or any of its accessible content. You also pledge not to reproduce or exhibit any website material on any networked computing device, broadcast it via any media, or utilize, alter, dispense, publish, transmit, or formulate derivative works from any material found on our website for any public or commercial intentions. You are not authorized to modify any materials originating from this website in any capacity. 2.4 Save for what is explicitly stipulated above, no part of this website shall be interpreted as bestowing, whether by implication, estoppel, or otherwise, any license or entitlement under any copyright, patent, trademark, or other intellectual property right belonging to Aling Choice Orthodontics or any third party. 3. Expected User Conduct and Prohibitions You commit not to utilize this website for any of the following prohibited activities: Should you employ the website to undertake any of the aforementioned restricted actions, Aling Choice Orthodontics reserves the unconditional right, at its sole discretion, to terminate your access to the website and to pursue legal remedies against you to the fullest extent allowable by law. 4. Your Contributions: Feedback and Content Submissions Any commentaries, feedback, data, suggestions, submissions, or materials that you transmit through or in relation to this website (termed a “Submission”) will be regarded as non-confidential by Aling Choice Orthodontics. You acknowledge your accountability for the Submissions you furnish, and that you, not Aling Choice Orthodontics, bear complete responsibility for said Submissions, including their legality. By making a Submission, you affirm your entitlement to do so, free from any third-party claims, and you consent to assume sole responsibility and liability for any claims associated with such a Submission. A user is prohibited from making a Submission unless they (and their parent or legal guardian, if applicable) consent to grant Aling Choice Orthodontics a global, exclusive, perpetual, irrevocable, royalty-free, unconditional, and fully compensated right and license: (a) to create, have created, utilize, copy, reproduce, modify, and generate derivative works from any Submission, along with a non-exclusive right to employ the name and likeness of any individual mentioned or included in such Submission in connection with any use of the Submission and any derivative works that may be formulated from it, across any media, software, or technology currently known or subsequently developed, including for advertising objectives; (b) to publicly perform or exhibit, import, broadcast, transmit, distribute (directly and indirectly through multiple channels), license, offer for sale, sell, rent, lease, or lend copies of the Submission and its derivative works; and (c) to sublicense the preceding rights to third parties, encompassing the right to further sublicense, all without any anticipation of remuneration beyond the entitlement to access and use the website in accordance with these Terms of Use. 5. Website Modifications, Suspension, and Discontinuation Aling Choice Orthodontics maintains the right, at its discretion and at any time, either temporarily or permanently, to alter or cease the operation of the website (or any segment thereof) with or without prior notification. You acknowledge that Aling Choice Orthodontics shall bear no liability towards you or any third party for any such modification, suspension, or discontinuation of the website. Aling Choice Orthodontics may also, at its discretion and without notice, introduce enhancements or changes to the products, services, or programs described on this website. Nevertheless, Aling Choice Orthodontics expressly disclaims any obligation to update, improve, or otherwise modify this website. 6. External Websites and Resources Disclaimer Third parties interacting with this website may furnish links or grant access to other external websites and resources. Given that Aling Choice Orthodontics exercises no control over such external sites and resources, you hereby acknowledge and agree that Aling Choice Orthodontics is not accountable for the availability or functionality of these external sites or resources. Furthermore, Aling Choice Orthodontics does not endorse and is not responsible or liable for any content, advertising materials, products, or other information present on or obtainable from such external sites or resources. You additionally acknowledge and agree that Aling Choice Orthodontics will not be held responsible or liable, whether directly or indirectly, for any damage or loss that is caused or alleged to be caused by or in connection with the use of or reliance upon any such content, goods, or websites available through any such external site or resource. 7. Terms and Conditions for SMS (Text Message) Programs 7.1 Consent for Marketing Text Messages via Form Submission: When you complete and submit a form on this website and expressly agree to receive text messages, you are providing your consent to receive marketing-related text messages (such as information on promotions or cart reminders) from Aling Choice Orthodontics at the telephone number you have supplied. This includes messages that may be dispatched using an automated telephone dialing system (autodialer). You acknowledge that your agreement to receive these marketing text messages is not a prerequisite for making any purchase. Standard message and data transmission rates from your mobile carrier may apply. The frequency of these messages will vary. You possess the right to unsubscribe from these messages at any time by replying with the word STOP to any message received, or by clicking the unsubscribe link if one is provided. For assistance, reply HELP. Your engagement with this SMS service is additionally governed by our  Privacy Policy and these  your Terms of Use. 7.2 General Provisions for Our SMS Program: Beyond marketing communications for which you provide explicit consent through a form, you may also agree to receive other types of alerts, notifications, and reminders from Aling Choice Orthodontics. By furnishing your mobile phone number for such services (for instance, by texting for general alerts, or by opting in via other methods for services like appointment reminders), you authorize Aling Choice Orthodontics to send you text messages pertinent to [Clearly specify the purpose, e.g., appointment confirmations, practice news, general notifications]. This authorization permits Aling Choice Orthodontics to contact you using automated dialing systems, automated texting systems, and artificial or pre-recorded voice messages. By providing this consent, you also affirm that you are the legitimate owner or customary user of the mobile phone number provided. These SMS Terms are subject to change by us at any time. We may notify you of such changes by sending a text message containing a link to the amended terms or by posting the revised terms on the https://alignchoiceortho.com/terms-of-use/ website. We also reserve the unilateral right to terminate our text message program at any point. Kindly note that our text message program [Describe communication capabilities accurately, e.g., “does not currently facilitate two-way conversations, other than automated responses if you text STOP or HELP as further detailed below”  8. Commitment to Your Privacy We may gather registration details and other information concerning you through your interactions with this website. Our collection, storage, and use of this information are meticulously governed by our Privacy Notice. The Privacy Notice further elucidates how your information is employed and which parties may have access to it. 9. Disclaimer of Express and Implied Warranties YOUR DECISION TO USE THIS WEBSITE AND ITS ASSOCIATED CONTENT IS MADE ENTIRELY AT YOUR OWN PERSONAL RISK. THE WEBSITE AND ALL WEBSITE CONTENT ARE FURNISHED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND SOLELY FOR INFORMATIONAL PURPOSES. ALING CHOICE ORTHODONTICS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER THEY ARE EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE PROVIDE NO GUARANTEE AS TO THE ACCURACY, COMPLETENESS, OR PRACTICAL UTILITY OF THE WEBSITE AND ITS CONTENT, AND ANY RELIANCE YOU PLACE ON THE WEBSITE AND WEBSITE CONTENT IS UNDERTAKEN AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE EXCLUSIVELY RESPONSIBLE FOR ANY RESULTANT DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT ARISES FROM THE USE, DOWNLOADING, OR ACCESSING OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER CONVEYED ORALLY OR IN WRITING, THAT YOU OBTAIN FROM ALING CHOICE ORTHODONTICS OR THROUGH OR FROM THIS WEBSITE SHALL CREATE OR CONSTITUTE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY STATED WITHIN THESE TERMS. CERTAIN STATE LAWS MAY PROHIBIT A DISCLAIMER OF PARTICULAR WARRANTIES, AND YOU MAY THEREFORE POSSESS OTHER LEGAL RIGHTS THAT VARY FROM ONE STATE TO ANOTHER.    10. Limitation on Extent of Liability ALING CHOICE ORTHODONTICS, TOGETHER WITH ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THIS WEBSITE, AND INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO AS THE “RELEASED PARTIES”), SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS EXCLUSION OF LIABILITY ENCOMPASSES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ALING CHOICE ORTHODONTICS HAS BEEN PREVIOUSLY ADVISED OF THE POTENTIAL FOR SUCH DAMAGES) THAT RESULT FROM YOUR USE OF THIS WEBSITE AND ITS CONTENT. UNDER NO CIRCUMSTANCES SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES, OF ALL KINDS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE AND ITS CONTENT (INCLUDING, BUT NOT LIMITED TO, CLAIMS UNDER WARRANTY), IRRESPECTIVE OF THE LEGAL FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED UPON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE SUM TOTAL OF ONE HUNDRED U.S. DOLLARS ($100.00). BECAUSE CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE AFOREMENTIONED LIMITATION MAY NOT BE APPLICABLE TO YOU, OR SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW. [IT IS OF UTMOST IMPORTANCE TO CONSULT WITH LEGAL COUNSEL REGARDING THIS $100 LIABILITY CAP. THIS SPECIFIC AMOUNT MAY OR MAY NOT BE APPROPRIATE, REASONABLE, OR ENFORCEABLE WITHIN YOUR PARTICULAR JURISDICTION.]    11. Reporting Copyright and Intellectual Property Infringement Aling Choice Orthodontics holds the intellectual property rights of others in high regard and requires that users of this website do likewise. It is the established policy of Aling Choice Orthodontics to terminate, under appropriate circumstances, the website access privileges of users who are determined to be repeat infringers of copyright or other intellectual property rights. If you genuinely believe that your copyrighted work or other intellectual property has been posted or made available on this website in a manner that constitutes infringement, please provide Aling Choice Orthodontics’ designated Copyright Agent with the following information in writing: (1) an electronic or physical signature of the person duly authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed, along with specific identification of the URL or other precise location on the website where the material you claim is infringing is situated; (3) your complete mailing address, telephone number, and active email address; (4) a statement by you, made in good faith, that you believe the disputed use of the material is not authorized by the copyright or intellectual property owner, its designated agent, or by law; and (5) a statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the legitimate owner of the copyright or intellectual property interest or are duly authorized to act on such owner’s behalf.    Direct all infringement notifications to: Aling Choice Orthodontics, Attention: Copyright Agent, Address: 10217 19th Ave SE, Ste 201, Everett, WA 98208 Email: Office@alignchoice.net 12. Your Agreement to Provide Indemnification You hereby agree to indemnify, defend, and hold harmless Aling Choice Orthodontics, and all other Released Parties, from and against any and all costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and court costs) arising out of, or in any way connected with, your use of this website or any of its content, your violation of these Terms of Use, or your infringement or violation of any rights of another person or entity. 13. Method of Providing Official Notices Official notices to you may be conveyed via electronic mail (email). Aling Choice Orthodontics may also furnish notifications regarding changes to these Terms of Use or to the website itself by prominently displaying such notices, or links to such notices, to you generally on the website. 14. Governing Law and Designated Venue for Legal Disputes To the extent that you are permitted under these Terms of Use to initiate legal proceedings in a court of law, both you and Aling Choice Orthodontics mutually agree that any and all claims, disputes, or causes of action arising out of or relating in any manner to your use of this website (including, without limitation, any claim based on contract, tort, statute, or alleging unfair competition) shall be litigated exclusively in the state or federal courts geographically situated in Snohomish county.  15. Mandatory Agreement for Binding Arbitration THIS SECTION OF THE PRESENT AGREEMENT SHALL HENCEFORTH BE DESIGNATED AS THE “ARBITRATION AGREEMENT.” 15.1 We urge you to review this Arbitration Agreement with utmost care. It stipulates that any and all claims arising between you and Aling Choice Orthodontics that relate in any way to your use of this website must be resolved through binding arbitration or, where applicable, in a small claims court or tribunal. Furthermore, this Arbitration Agreement precludes you from pursuing a class action lawsuit or any similar representative proceeding in any judicial forum. Arbitration as outlined herein is mandatory if your country of legal residence enforces such arbitration agreements. 15.2 This Arbitration Agreement shall extend, without any limitation, to all claims pertaining to the use of this website that arose, were asserted, or may arise before, on, or after the date of your initial access to or use of this website. You consent that all such claims will be definitively resolved by means of binding arbitration, rather than through litigation in a conventional court of law, except where specifically required otherwise by overriding applicable law. 15.3 Notwithstanding any provision to the contrary within this Arbitration Agreement, and to the fullest extent permitted by applicable law, either you or Aling Choice Orthodontics reserves the right to: (i) seek equitable relief in a court of competent jurisdiction for instances of infringement or other misuse of intellectual property rights (such as those pertaining to trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and (ii) apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the grounds that, without such immediate relief, the arbitration process provided for in this paragraph might be rendered ineffectual.    15.4 The arbitration proceedings shall be conducted and administered by “ADR Services, Inc.”  15.5 Comprehensive Waiver of Class, Consolidated, and Representative Actions TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BOTH YOU AND ALING CHOICE ORTHODONTICS HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO RESOLVE CLAIMS FALLING WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS-WIDE, COLLECTIVE, OR REPRESENTATIVE ACTION BASIS. ALL CLAIMS AND DISPUTES SUBJECT TO THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS, EXCEPT AS EXPRESSLY SET FORTH HEREINBELOW. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THE CLAIMS OF ANY OTHER CUSTOMER OR USER, EXCEPT AS PROVIDED FOR BELOW. In any situation where (i) a dispute is initiated as a class, collective, or representative action, and (ii) a civil court possessing competent jurisdiction determines that all or any part of this Section 15.5 is unenforceable, then such class, collective, or representative action (or the relevant portion thereof) must be litigated in a civil court of competent jurisdiction. However, any portion of this Section 15.5 that is deemed enforceable shall be fully enforced in arbitration. Any part of such dispute proceeding in a court shall be stayed (paused) pending the final conclusion of the arbitration. This provision does not preclude you or Aling Choice Orthodontics from settling claims on a class, collective, or representative basis if mutually agreed.    15.6 Procedures for Batch Arbitration. To the extent permitted by applicable law and with the aim of increasing the efficiency of dispute resolution, in the event that 100 or more substantially similar arbitration demands are initiated against Aling Choice Orthodontics, presented by or with the significant assistance or involvement of the same law firm or organization, and are submitted to an arbitration provider (selected pursuant to the rules described above) within a concentrated 30-day period: (i) the parties involved shall diligently cooperate to group the arbitration demands into randomized batches, with each batch containing no more than 100 individual demands (plus, to the extent there are fewer than 100 arbitration demands remaining after the initial batching process, a final batch shall be formed consisting of these remaining demands); (ii) claimants’ legal counsel shall be responsible for organizing and presenting these batched demands to the arbitration provider in a format as reasonably directed by said arbitration provider; (iii) the arbitration provider shall make provisions for the resolution of each batch as a single, consolidated arbitration, subject to one set of filing and administrative fees and the assignment of one arbitrator per batch; and (iv) the arbitration provider shall issue one comprehensive set of disclosures per batch and shall schedule one unified Arbitration Management Conference per batch. You agree to cooperate in good faith with Aling Choice Orthodontics and the designated arbitration provider to effectively implement such a batch processing approach to dispute resolution and associated fees. Any disagreements concerning the applicability or implementation of this batch arbitration process will be resolved in a single, consolidated arbitration proceeding that includes all affected parties. Notwithstanding any provision within these Terms of Use to the contrary, such batch arbitrations shall take place in Everett WA or, if mutually agreed upon by all parties, by means of video conference. The parties may also mutually agree to conduct the arbitration based solely on written submissions without an oral hearing. 16. Mechanism for Amending This Agreement We reserve the right to amend or modify these Terms of Use at any time, at our sole discretion, by posting the revised or amended terms directly on the website. It is your personal responsibility to regularly review these Terms of Use for any such changes. All amendments or modifications shall automatically become legally effective thirty (30) days following their initial posting on the website. Your continued use of this website subsequent to the effective date of any such modifications shall constitute your binding acceptance of, and agreement to, those modifications. 17. General and Miscellaneous Stipulations These Terms of Use constitute the complete and exclusive agreement between you and Aling Choice Orthodontics with respect to your use of this website, and they supersede any and all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and Aling Choice Orthodontics concerning the subject matter hereof. The failure of Aling Choice Orthodontics to enforce or exercise any particular provision of these Terms of Use, or any right associated therewith, will not be construed as a waiver of that provision or right. In the event that any portion or provision of these Terms of Use is determined by a court of competent jurisdiction to be unenforceable or invalid, such unenforceable or invalid portion will be construed in accordance with applicable law in a manner that, as nearly as possible, reflects the original intentions of the parties as expressed in these Terms of Use, and the remainder of the provisions and stipulations herein will continue in full legal force and effect. The following Sections of these Terms of Use shall survive any termination or expiration of these Terms of Use: Sections 1 (Medical Disclaimer), 2 (Use of Website Content, excluding subsection 2.1), 3 (User Conduct), 4 (Feedback and Content Submission), 5 (Modification and Termination of Website), 6 (Other Websites and Resources), 8 (Privacy), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Copyright/Intellectual Property Infringement), 12 (Indemnity), 13 (Notices), 14 (Legal Disputes), 15 (Arbitration Agreement), 16 (Modification of Agreement), and this Section 17 (General). If you are a legal resident of the State of California, you are entitled to have a copy of these Terms of Use emailed to you. To request this, please send a letter containing your email address along with a written request for the Terms of Use to the following address: Aling Choice Orthodontics,10217 19th Ave SE, STE 201, Everett WA, 98208 Attention: Terms of Use Request.
Date of Last Revision: May 10, 2025
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