Terms of Service
Last Modified: March 7, 2022
By using or accessing the Site or Services available on or through the Site you accept and agree to the Terms and you agree to abide by all applicable laws and regulations that apply to you, regardless of your physical location.
We may revise these Terms at any time by posting an updated version to this URL. You should visit this URL periodically to review the most current Terms because they are binding on you.
Age restrictions: The Site and the Services are intended for use by individuals who are at least the age of majority in their jurisdiction of residence. By using the Site or the Services, you confirm you are at least the age of majority where you live. If you are not, you may not access the Site or Services.
Your responsibilities: You may use the Site and the Services for lawful purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, reverse engineer, transfer or sell any information, software, products or services obtained from the Services or the Site.
You may not submit or transmit through the Site or the Services any information, content, or material or otherwise engage in any conduct that:
1. Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. Impersonates any person, business, or entity, including LightForce and its employees and agents;
5. Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
6. Encourages conduct that would constitute a criminal offense or give rise to civil liability;
7. Violates these Terms, guidelines, or any policy posted on the Site or Services; or
8. Interfere with the use of the Site or Services by others.
You may not use our Site or Services:
1. For your own commercial gain other than as permitted by the specific intended use of the Services;
2. To offer any form of advertising or promotion without our prior written consent;
3. To provide any false personal information or any personal information, content, or material on account of anyone other than yourself without permission; or
4. To avoid the age restrictions or enable another person to avoid the age restrictions.
You are responsible for any and all activity relating to your password, login, or use of the Site or Services.
You may not use the Site or Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Site or Services. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce the Terms.
You may not use the Site or the Services or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Site or the Services to violate the terms of this section. We may terminate your access or use of the Site or the Services immediately and take other legal action if you, or anyone using your access to the Site or the Services, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
We reserve the right to remove any of your information, content, or material from the Site or the Services if it violates the Terms.
Medical Disclaimer. All information contained on the Site or accessible from this Site is for informational purposes only, including but not limited to information relating to (i) orthodontic, dental, medical and health conditions, (ii) products and Services, and (iii) treatments. Information is not exhaustive and should not be considered complete. Information is not intended to provide medical advice and should not be be used in place of a visit to a medical professional. This Site does not create a doctor/patient relationship. Information contained on or in any product packaging or labels.
Proprietary rights and intellectual property rights: We own the intellectual property rights to the design of and the information on and in the Site and the Services, including the name of the Site and the Services and the look and feel of the color combinations, button shapes, and other graphical elements of the Site and the Services. Such intellectual property is protected by international treaties and by copyright, trademark, patent, and trade-secret laws, as well as other proprietary rights. For example, we own a copyright on the selection, organization, arrangement, and enhancement of the Site and the Services, as well as on our original content on the Site and the Services. We reserve the right to prosecute violations of our intellectual property rights to the full extent of the law. Where permissible by law, you agree to pay the costs and expenses, including reasonable attorneys’ fees, relating to any claim or cause of action by us relating to your violation or threatened violation of our intellectual property rights.
Grant of License – Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the Site and Services for as long as your use complies with these Terms.
Legal Compliance – This Site originates in and is operated from the United States. Accessing the Site or the Services from territories where the content is illegal is expressly prohibited. If you choose to access the Site or the Services from a location outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations that apply to you, including those relating to the transition of technical data exported from or imported to the country in which you reside.
Any software downloaded from LightForce is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
All content and software (if any) that is made available to view and/or download in connection with the Site or the Services is owned by and is the copyrighted work of LightForce, its subsidiaries, affiliates, and/or its sponsors, suppliers, or open-source software authors or distributors, and is protected by copyright laws and international treaty provisions.
Copyright violations. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing (e.g., on the Consumer Site, Developer Site, etc.);
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
To send a notice of claims of copyright infringement on the Site or the Services, please contact us by mail at: LightForce Orthodontics, Inc., Attn: Legal Department, W44 Third Ave., Burlington, Massachusetts 01803 USA or by email at firstname.lastname@example.org.
Third party information and links: The Site or the Services may contain links to third party websites (“Linked Sites”), and may incorporate information obtained from third parties (“Third Party Information”). These Linked are provided solely as a convenience to you and not as an endorsement by LightForce of the contents on such Linked Sites. We are not responsible for the content of Linked Sites and do not make any representations regarding the content or accuracy of materials on such Linked Sites. If you decide to access Linked Sites, you do so at your own risk.
Submissions/your warranty and representations: Certain features of the Site such as “Contact Us” enable users to send us comments, feedback, ideas or other information (“Submissions”). By sending a Submission, you warrant and represent that the information you provide is original to you, is true and correct, and does not violate the intellectual property rights, privacy rights, or other rights of any third party. You acknowledge and agree that any Submission you provide to LightForce will belong to LightForce and LightForce may make any use or disclosure thereof without any permission from you and without any compensation to you.
DISCLAIMER: THE SITE AND THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON OUR SITE AND SERVICES OR PROVIDED THROUGH OUR SITE OR SERVICES, WHETHER BY US OR THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR SITE OR THE SERVICES FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR THE SERVICES OR THROUGH OUR SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, SERVICES OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL LIGHTFORCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EOPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY LIGHTFORCE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIGHTFORCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY LEGAL PROVISION TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE OR THE SERVICES SHALL IN NO EVENT EXCEED $100.
Your release of LightForce. To the maximum extent permitted by applicable law, you hereby release and waive all claims against LightForce, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, customers and clients and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Site and your provision of information or Submissions, whether unsolicited or not, to the Site. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. You specifically hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.
Indemnification: You agree to defend, indemnify, and hold harmless LightForce, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to any Site or Service, (ii) Your use of the Site, or (iii) your breach of these Terms. LightForce shall provide notice to you promptly of any such claim, suit, or proceeding.
Choice of law: To the extent permissible by applicable law, you agree that the laws of the Commonwealth of Massachusetts, USA, govern all matters arising out of the Terms, without regard to choice of law rules and you agree to personal jurisdiction in Massachusetts, USA. You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to the Site or the Services must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred.
General terms; severability & integration; no waiver: This contract and any supplemental terms, policies, rules, and guidelines posted on the Site or with respect to the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable the invalidity of such provision shall not affect the validity of the remaining provisions. The failure by either party to assert their rights hereunder shall not be deemed a waiver of those rights. Any waiver of any provision by us must be in writing and signed by LightForce to have effect.
Termination: Your right to use the Site or the Services automatically terminates if you violate the Terms or any rules or guidelines posted in connection with the Site or the Services. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Site or the Services, for any reason, with or without notice. The provisions of the Terms, which by their nature should survive termination, or your use of the Site or the Services shall be deemed to survive such termination.
Contact us; notices: If you have any questions or comments, or wish to send us any notice regarding these Terms, the Site or the Services, please send an email or notice to:
LightForce Orthodontics, Inc.
44 Third Ave.
Burlington, Massachusetts 01803 USA