USE OF SMILESCORE.COM™ IS SUBJECT TO YOUR ADHERENCE TO THE FOLLOWING TERMS.
1. MEDICAL DISCLAIMER. All information contained on this Web Site, including information relating to dental, medical and health conditions, products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation or advice of a medical professional or any information contained on or in any product packaging or labels. Information obtained by using the Web Site is not exhaustive and does not cover all ailments, physical conditions or their treatment. The information posted is for informational purposes only and is to be used at your own risk. You should never disregard providing dental or medical advice or delay providing medical advice because of something you have read on this Web Site, and you should not use the information contained on this Web Site for diagnosing a dental or health problem or prescribing a medication.
3. USER CONDUCT. You agree to not use the Web Site to: violate applicable local, state, national or international law; infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; or interfere with or disrupt the Web Site, computer servers or boards accessible through the Web Site. If you do use the Web Site to commit any of the above, your rights to access the Web Site shall immediately terminate.
5. MODIFICATION AND TERMINATION OF WEB SITE. Align reserves the right at any time, and from time to time, to terminate your right to use, modify or discontinue, temporarily or permanently, the Web Site (or any part of it) with or without notice. You agree that Align shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site. Align may also make improvements and/or changes in the products, services and/or the programs described in this Web Site at any time without notice. However, Align disclaims any responsibility to update, improve or change this Web Site.
6. OTHER WEB SITES AND RESOURCES. Third parties using the Web Site may provide links or access to other Web Sites and resources. Because Align has no control over such sites and resources, you acknowledge and agree that Align is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Align shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Web Sites available on or through any such site or resource.
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8. DISCLAIMER OF WARRANTIES. Information accessed on the Web Site is not exhaustive. Align makes reasonable efforts to include accurate and current information, whenever possible, but makes no warranties or representations as to its accuracy or completeness. THE INFORMATION ON THIS WEB SITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT AND MERCHANTABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) ALIGN MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY BY ALIGN.
9. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALIGN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS, DATA OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE.
10. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNITY. You agree to indemnify and hold Align, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your improper use of the Web Site, your violation of the Agreement, or your violation of any rights of another person or entity.