THESE TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN YOUR USE OF THE RELIGN WEBSITES LOCATED AT Relign Corporation (“Relign”) AND ALL ASSOCIATED SITES LINKED TO BY RELIGN ON WHICH A LINK THESE TERMS APPEARS
(COLLECTIVELY, THE “SITE”). PLEASE NOTE THAT THESE TERMS DO NOT APPLY TO YOUR USE OF WWW.RELIGNCORP.COM. BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
CHANGES. Relign reserves the right to modify these Terms from time to time on a going-forward basis at its sole discretion. Please check these Terms periodically for changes. Your continued use of the Site following any modifications to these Terms will constitute your agreement to such modified Terms. Except as expressly permitted by this Section, these Terms may only be amended by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
LINKS. As a convenience, the Site may contain links to other websites owned or controlled by third parties which may be of interest to you. Relign does not endorse any such linked website, nor shall Relign be responsible for the availability of or the content contained on or through any such linked website. You voluntarily assume any and all risks associated with your use of any linked websites.
SITE CONTENTS. All content on the Site is the property of Relign and is protected by United States Copyright, Trademark and other international laws. All marks indicated as registered on the Site are registered Relign trademarks. You may not use any of the marks appearing on the Site in connection with any product or service without Relign’s prior written approval.
SITE ERRORS. Relign does not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change and may vary from those offered elsewhere.
FEEDBACK. Any feedback, comments, suggestions or ideas (“Feedback”) you submit to us through or in conjunction with this Site is non-confidential and you hereby grant to Relign an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner, including to improve the Site and Relign products and create other products and services.
CAPACITY. You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this site.
DISCLAIMER OF WARRANTIES IN CONNECTION WITH USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENTS AND SERVICES THEREON ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELIGN ENTITIES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELIGN DOES NOT WARRANT THAT: (i) THE INFORMATION ON THE SITE IS ERROR FREE; (ii) FUNCTIONS OR FEATURES ON THE SITE WILL BE UNINTERRUPTED OR SECURE; OR (iii) THE SITE OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE RELIGN ENTITIES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND THE RELIGN ENTITIES ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, INCLUDING WITHOUT LIMITATION ANY USER CONTENT YOU ACCESS THROUGH THE SITE. YOUR SOLE REMEDY AGAINST RELIGN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, (a) THE RELIGN ENTITIES DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT RELIGN IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, AND (b) THE ABOVE DISCLAIMERS DO NOT DISCLAIM OR OTHERWISE LIMIT ANY RIGHTS AND REMEDIES THAT YOU MAY HAVE AS A PURCHASER OF THE RELIGN PRODUCT UNDER THE RELIGN LIMITED PRODUCT WARRANTY.
LIMITATION OF LIABILITY IN CONNECTION WITH USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RELIGN, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “RELIGN ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOSS OF BUSINESS, DATA OR SALES, EVEN IF RELIGN OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RELIGN ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE STATE OF DELAWARE.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FOR PURPOSES OF CLARITY, THE ABOVE LIMITATIONS OF LIABILITY DO NOT LIMIT ANY RIGHTS AND REMEDIES THAT YOU MAY HAVE AS A PURCHASER OF THE RELIGN PRODUCT UNDER THE RELIGN LIMITED PRODUCT WARRANTY.
INDEMNIFICATION IN CONNECTION WITH USE OF THE SITE. To the fullest extent permitted by applicable law, you hereby agree to indemnify and hold Relign, and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys’ fees at trial and on appeal, related to or arising out of your use of or access to the Site in violation of these terms. You agree to cooperate with our defense of the foregoing.
GOVERNING LAW AND VENUE IN CONNECTION WITH USE OF THE SITE. To the fullest extent permitted by applicable law, these Terms will be construed according to the substantive law, but not the choice of law rules, of the State of California and of applicable federal law of the United States. If any dispute arises under this Agreement, then unless otherwise required by applicable law, the venue for such dispute will be in the California Superior Courts and the Federal District Court for the Northern District of California located in San Francisco, California, and you hereby irrevocably submit to the exclusive jurisdiction of such courts.
17.618.6 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
GENERAL. This Site is operated and controlled from offices and location(s) in the United States of America. Relign does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. In any dispute between Relign and you, Relign shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you. You acknowledge that you have read these Terms and understand it, and agree to be bound by all the terms and conditions herein. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the enforceability of the remaining provisions. This is the entire agreement between you and Relign relating to the use of this site.