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Terms & Conditions

Introduction

The following terms and conditions (“Terms and Conditions”) constitutes a binding contract between You and ClearCorrect Operating, LLC, a company with its principal place of business at 21 Cypress Blvd., Suite 1010, Round Rock, TX 78665 (“we”/“us”/“ClearCorrect”). You and ClearCorrect may each be referred to herein as a “Party” or collectively as the “Parties.” By using the Doctor Locator, you agree to be bound by these Terms and Conditions.

All content of, and software used on, this Web site is owned or controlled by ClearCorrect and is protected by copyright and intellectual property laws internationally. ClearCorrect grants you a limited and restricted license to access and download content only for your personal, non-commercial use. No modification or further reproduction of the content is permitted. The content may not otherwise be copied or used in any way without the prior express permission of ClearCorrect.

No content displayed or available through the Doctor Locator may be downloaded, republished, resold or duplicated, in whole or in part, for commercial or any other purposes, including without limitation in order to compile lists of ClearCorrect’s customers to for commercial purposes, create a mailing list, or create or any other compilation of the data provided on the Doctor Locator.

The information provided here is general in nature and is not a substitute for medical or dental care and is not intended as medical or dental care. If you have or suspect you have a medical,
dental or other health problem, you should consult your health care professional. Physicians should read the package insert prior to use.

Personal Data

Personal data is any data that allow for your personal identification, i.e. your name, address, phone number or email address (“Personal Data”). Personal Data is only collected, processed or used by us if permitted by law or if you have given your prior consent. Personal Data you enter into the Doctor Locator is used in particular for the following purposes:

• We may use your Personal Data to process your request to identify a potentially suitable doctor.
• We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you.
• We may disclose personal information that we collect or that you provide as described in this privacy policy:
  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our
    business and who are bound by contractual obligations to keep personal information
    confidential and use it only for the purposes for which we disclose it to them.

You can object at any time to the storage, use, or disclosure of your Personal Data, and you may also withdraw your consent at any time. For this, simply send a short message by mail to
privacy@clearcorrect.com.

Right to Know and Right to Deletion (California Residents)

You have the right to request that ClearCorrect disclose what Personal Information is collected, used and disclosed. You further have the right to request that ClearCorrect delete your Personal Information collected or maintained by ClearCorrect. In order to comply with a request for information or deletion and verify the identity of the requester, ClearCorrect may require the requester to verify up to 3 pieces of Personal Information maintained by ClearCorrect. To request data on Personal Information collected, used or disclosed or to request a deletion of your Personal Information contact ClearCorrect at ClearCorrect Privacy, 21 Cypress Blvd., Ste. 1010, Round Rock, TX 78665, via email to privacy@ClearCorrect.com, or
by 1-833-971-0613.

Limits of Liability

ClearCorrect will use reasonable efforts to include up-to-date and accurate information on this Web site, but makes no representations, warranties, or assurances as to the availability, accuracy, currentness, or completeness of this Web site, its information or its contents. ClearCorrect shall not be liable for any damages or injury resulting from your access to, or inability to access, this Web site, or from your use of, or reliance on, this Web site or any information provided at this Web site.

This Web site may provide links or references to other sites and may be accessed by links from third party Web sites over which ClearCorrect has no control. ClearCorrect has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content or that access. Any links to other sites are provided as merely a convenience to the users of this Web site. ClearCorrect reserves the right to delete, modify or supplement the content, links or references of this site at any time, for any reason, without notification.

THIS WEB SITE AND ITS CONTENTS AND INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CLEARCORRECT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE WEB SITE, ITS CONTENT, OR PRODUCTS OR SERVICES THAT CLEARCORRECT OR ANY OTHER THIRD PARTY PROVIDES OR SELLS. CLEARCORRECT EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SAME. CLEARCORRECT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE WEB SITE OR ANY INFORMATION CLEARCORRECT PROVIDES TO YOU WILL BE UNINTERRUPTED, FREE OF VIRUSES, OR ERROR FREE. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you..

Relationship of parties

The Parties are and at all times shall be an independent party and not the agent or employee of the other. Neither these Terms and Conditions nor any contract with ClearCorrect nor any course of dealing or practice shall be interpreted as creating, or shall be deemed to create, any employer-employee, principal-agent, partnership, joint venture or other relationship between you and ClearCorrect.

Assignment

These Terms and Conditions shall not be assigned by either Party hereto without the prior written consent of the other Party.

Successor and assigns

These Terms and Conditions shall be binding upon and shall inure solely to the benefit of the Parties hereto and their respective successors and shall not be for the benefit of any other person, persons, or legal entities.

Entire agreement and amendment

These Terms and Conditions, your prescription, and the Patient Informed Consent Form shall constitute and contain the entire agreement of the Parties and supersede any and all prior negotiations, correspondence, understandings and agreements between the Parties respecting the subject matter hereof, unless otherwise specified in writing by an authorized representative of ClearCorrect. These Terms and Conditions can only be modified by an authorized representative of ClearCorrect.

Severability

If any provision of these Terms and Conditions is or shall be deemed a violation of any applicable law, rule or regulation, such legal invalidity shall not void or affect the remaining terms and
provision of these Terms and Conditions.

Force majeure

We cannot be in default or breach by reason of any failure of its performance under this agreement if such failure results, whether directly or indirectly, from fire, explosion, strike, freight embargo, act of God, or of war, civil disturbance, act of any government, epidemic, pandemic or other occurrences beyond our control.

Notices

All notices, demands, requests, approvals and other communications given or made pursuant hereto shall be in writing and shall be deemed to have been given or made as of the date delivered or mailed if delivered personally or mailed by certified mail (postage prepaid, return receipt requested), or on the date transmitted if transmitted by facsimile or electronic mail, to You, at the address You provide.

Waiver

The failure of either Party at any time or times to require performance of any provision hereof shall in no manner affect the right to enforce the same. No waiver by either Party of any condition, or of the breach of any term, provision, covenant or warranty contained in these Terms and Conditions , shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of the breach of any other term, provision, covenant or warranty.

Governing law

These Terms and Conditions shall be construed and governed under and by the laws of the State of Texas, USA. The Parties agree that the exclusive venue for any legal action authorized hereunder shall be in Williamson County, Texas.