Last Updated: 7.18.23

These Vivera Retainer Subscription Terms of Use (“Subscription Terms of Use”) are a legal agreement between Align Technology, Inc. (“Align”, “us”, or “we”) and you, the user of the Vivera Retainer Subscription portal (“you”). By using the Vivera Retainer Subscription Platform (“Subscription Platform”), you agree to be bound by these terms and conditions.

1. GENERAL

The Subscription Platform is an online platform through the My Invisalign app or the My Invisalign web portal that makes it easier for doctors to connect with you directly in order to offer and manage retainer subscription packages and collect payment through the Stripe platform linked within the app. Use of the Stripe platform is subject to the Stripe Terms of Service.

2. ALIGN’S ROLE

The Subscription Platform provided by Align enables you and your doctor to complete your transaction and manage your retainer package, but it does not change anything else about your relationship with your doctor. Your doctor is entirely responsible for all aspects of your retainer subscription, including but not limited to, providing an accurate quote, charging any applicable taxes, handling and processing cancellations and refunds, scheduling patient appointments, answering patient questions, determining your patient’s eligibility for treatment, prescribing and delivering your patient’s retainers, assessing retainer fit, and managing your care (collectively, “Retention Offerings”). Retention Offerings may include direct shipping of your retainers to your home at the discretion of your doctor. Any questions or concerns around retainer fit should be directed to your doctor. All refunds, payment questions, questions about your offer, or any other questions related to your subscription should be directly addressed with your doctor. Please check the Cancellation Terms for additional information. In the event your doctor is no longer enrolled and using the Subscription Platform, your subscription may be cancelled and your next scheduled retainer may not ship. Please contact your doctor for questions and requests for refunds.

All information contained on this Subscription Platform, including information relating to orthodontic, dental, medical and health conditions, and 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 an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the Subscription Platform is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this Subscription Platform and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. Nothing in this Subscription Platform creates any form of doctor/patient relationship between you and Align.

3. REPRESENTATIONS AND WARRANTIES

By using the Subscription Platform you represent and warrant that you are at least 18 years of age and are seeking a retainer subscription from your doctor, or the parent or legal guardian of the patient seeking a retainer subscription from their doctor.

4. DISCLAIMERS

The Subscription Platform, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through the Subscription Platform, are provided “as is.” To the fullest extent permissible by law, Align makes no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the Subscription Platform, or for any breach of security associated with the transmission of sensitive information through Subscription Platform. Align disclaims without limitation, any warranty of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. Align does not warrant that the functions contained in the services will be uninterrupted or error free. Align shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. Align is not responsible for the accuracy of any quote, offer, reward program or any other communication you receive from your doctor.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL ALIGN, ITS OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (THE RELEASED PARTIES) BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY OF THE RELEASED PARTIES OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SUBSCRIPTION PLATFORM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE RELEASED PARTIES TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE SUBSCRIPTION TERMS OF USE EXCEED $10 US DOLLARS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.

6. DATA PRIVACY AND TERMS OF USE

By using the Subscription Platform you agree to the Align Privacy Statement and the Align Terms of Use, which are incorporated into and made a part of these Subscription Terms of Use.

7. MODIFICATION OF TERMS

We may amend these Subscription Terms of Use at any time by posting the amended terms in the Subscription Platform, or by notifying you. You are responsible for regularly reviewing these Subscription Terms of Use which are available for you in the Subscription Platform. All amendments shall automatically be effective upon posting, or as otherwise stated in any notification to you. Your use of the Subscription Platform following the effective date of any modifications shall constitute your binding acceptance of those modifications.

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