Terms of Use

Use of The Aligner Hub Websites ("website") Is Subject to Your Adherence to The Following Terms

Welcome to the website, sponsored by Aligner Hub and its subsidiaries and affiliates (collectively "Aligner Hub"). Please review the following terms and conditions concerning your use of the website. By accessing, using or downloading any information and/or materials from the website, you agree to follow and be bound by these terms and conditions (the "Terms of Use"). These "Terms of Use" are governed by the laws of the province of Ontario and the federal laws of Canada, applicable therein. If you do not agree with these Terms of Use, you may not use this website. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

The terms "you," "your," and "yours" refer to you, the visitor to or user of the website. The terms "Aligner Hub", "we", "us", and "our" refer to Aligner Hub.

Use of the Website’s Content

By visiting and using the website, you represent to us that you are at least 18 years old. Further, by visiting and using the website, you represent to us that, if you are under the age of majority in your jurisdiction, you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms of Use.

Subject to these Terms of Use, we grant to you a limited, personal, revocable, non-exclusive, non-transferable license to use the website for your personal use and not for resale or further distribution. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes use of the website, access to the website or any of the content accessible through the website. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our website for any public or commercial purposes. You are not permitted to modify any materials from this website in any way.

Except as expressly provided above, nothing contained in this website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Aligner Hub or any third party.

User Conduct

You agree to not use the website to:

• post or transmit any material that is unrelated to the subject matter of the website;
• violate or solicit the violation of any applicable local, state, national or international law or regulation;
• violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights;
• interfere with or disrupt the website, computer servers or boards accessible through the website;
• intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without permission; or harvest usernames, e-mail addresses or other personal information for any purpose;
• impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/ obscene language or solicit/post sexually explicit images (actual or simulated);
• promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or
• conduct that is abusive, threatening, obscene, defamatory or libelous;
• engage in or facilitate the transmission of unsolicited mass mailing or spamming.

Feedback and Content Submission

Any comments, feedback, information, suggestions, submissions or materials you submit through or related to this website (a "Submission") will be considered non-confidential by Aligner Hub. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Aligner Hub, have full responsibility for the Submissions, including their legality. By making a Submission, you agree you have the right to do so free of any claims from any third party, and agree to bear sole responsibility and liability for any claims related to such Submission. A user shall not make a Submission unless he/she (and his/her parent or legal guardian) agrees to grant to Aligner Hub a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify and to create derivative works of any Submission, and a non-exclusive right to use the name and likeness of any person mentioned or included in such Submission in connection with any use of the Submission and in connection with any derivative works that may be created from the Submission in any media, software or technology of any kind now existing or developed in the future, including the advertising thereof; (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell, and sell, rent, lease or lend copies of the Submission and derivative works thereof; and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, all without expectation of compensation, other than the right to access and use the website pursuant to these Terms of Use.

Modification and Termination of Website

Aligner Hub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part of it) with or without notice. You agree that Aligner Hub shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. Aligner Hub may also make improvements and/or changes in the products, services and/or the programs described in this website at any time without notice. However, Aligner Hub disclaims any responsibility to update, improve or change this website.

Other Websites and Resources

Third parties using the website may provide links or access to other websites and resources. Because Aligner Hub has no control over such sites and resources, you acknowledge and agree that Aligner Hub 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 Aligner Hub 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 websites available on or through any such site or resource.

Data Breach and Cybersecurity Agreement

Scope of Services. Service Provider will provide treatment planning services for you, including the receipt and processing of patient data and information. Data Security. Service Provider agrees to use reasonable and appropriate measures to protect the confidentiality, integrity, and availability of Client’s data, including but not limited to patient data and information, against unauthorized access, use, modification, disclosure, or destruction. Such measures shall be in accordance with industry standards and best practices and may include, without limitation, encryption, firewalls, access controls, and regular security testing and audits. Indemnification. Service Provider agrees to indemnify and hold harmless Client, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to any breach of this Agreement by Service Provider, including but not limited to any security breach or data breach that compromises the security or confidentiality of Client’s data. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties agree that any legal action arising out of or relating to this Agreement shall be brought exclusively in the courts located in Toronto, Ontario.

Privacy

We may collect registration and other information about you through the website. Our collection and use of this information is governed by our Privacy Statement available. The Privacy Statement also explains how your information is used and who has access to it.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND FOR INFORMATIONAL PURPOSES ONLY. ALIGNER HUB 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING OR ACCESSING OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALIGNER HUB OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.YOU MAY HAVE OTHER RIGHTS DEPENDING ON YOUR JURISDICTION.

Limitation of Liability

ALIGNER HUB AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND THEIR OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (THE RELEASED PARTIES) WILL NOT BE LIABLE FOR ANY DIRECT, 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 ALIGNER HUB HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEEDS THE SUM OF ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL SERVICE ALIGNER HUB BE LIABLE TO CLIENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMANGES ARISING OUT OF OR RELATION TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY SECURITY BREACH, OR DATA BREACH, OR MISUSE OF DATA BY OUR CONTRACTORS, THAT COMPROMISES THE SECURITY OR CONFIDENTIALITY OF CLIENT DATA. THIS PROVISION SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify and hold ALIGNER HUB, and the Released Parties, harmless from any costs, damages, expenses and liability, including reasonable attorney's fees, arising out of or related to your use of the website or website content, your violation of these Terms of Use, or your violation of any rights of another person or entity.

Notices

Notices to you may be made via e-mail. Aligner Hub may also provide notices of changes to these Terms of Use or the website by displaying notices or links to notices to you generally on the website.

Modification of Agreement

We may amend these Terms of Use at any time and you are responsible for regularly reviewing these Terms of Use. Your use of the website following any modifications shall constitute your binding acceptance of those modifications.