BY CHECKING IN THE BOX BELOW AND/OR USING FOREVERALIGNED,LLC’S PRODUCTS, DEVICES AND APPS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY AMENDMENTS OR UPDATES. YOU SPECIFICALLY ACKNOWLEDGE YOU HAVE READ THE ENTIRETY OF THIS AGREEMENT AND UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS VERSION OF TERMS & CONDITIONS IS EFFECTIVE ON MARCH 4, 2019.
- Introduction. FOREVERaligned, LLC (“FAC Gift Cards”), a Georgia limited liability company, d/b/a FAC Gift Cards, provides goods and/or services (collectively, the “Services”) relating to retainers to you subject to the various terms outlined herein (“Agreement”). You” and “Your” shall refer to the individual(s) who purchase, acquire and/or use the Product, download the app, and/or execute this Agreement.
(“You” and “FAC Gift Cards” are in hereafter sometimes referred to as a “Party” and collectively as the “Parties”). By affirmatively accepting this Agreement, or by otherwise accessing www.facgiftcards.com (the “Site”) and/or using any Services, you are deemed to agree to all terms, conditions, provisions and/or notices contained or referenced in this Agreement. If you do not agree to all terms, conditions, provisions and/or notices contained or referenced in this Agreement, you shall not use any Services. FAC Gift Cardsexpressly reserves the right, at its sole discretion, to update and/or revise this Agreement, in whole or in part, at any time and without notice to you. Please check this Agreement from time to time or as often as you prefer to review any changes, amendments or modifications to this Agreement. In order to use the Services and/or Site (as defined below), you must agree to the terms and conditions that are set forth herein. For adequate consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
- Ownership of the Site and Site Content. You expressly acknowledge that the Site is owned and operated by FAC Gift Cardsand/or its assigns or affiliates. Unless otherwise indicated herein or in any amendment or modification hereto, all contents on the Site, including any images, text, information, illustrations, layout, design, artwork, graphics, photography, code, data, audio, software (the “Site Content”), are either owned by FAC Gift Cardsand/or its assigns or affiliates or are licensed from a third party by FAC Gift Cards. The Site, as a whole and in part, is protected by registered and/or common law copyright(s), trademark(s), service mark(s), trade name(s), and any and all other intellectual property and proprietary rights, and all other applicable rights are reserved.
- Intellectual Property Rights. The parties acknowledge that all trademarks, copyrights, and any other proprietary rights are solely and exclusively the property of FAC Gift Cardsor its assigns or licensees, including the Site names, Site Content, logos, and other identifying marks. The parties acknowledge that FAC Gift Cardshas certain registered and/or common law rights to its trademarks and copyrights contained on the Site.
- LIMITATION OF LIABILITY, WAIVER, AND LIQUIDATED DAMAGES EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY NOR ITS AFFILIATES OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE, AND EACH PARTY HEREBY EXPRESSLY DISCLAIMS THE SAME. FAC Gift CardsFURTHER MAKES NO REPRESENTATION OR WARRANTIES THAT: (I) THE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (II) THAT RESULTS OBTAINES FROM THE USE OF SERVICES WILL BE GUARANTEED UNLESS OTHERWISE EXPRESSLY STATED; (III) THAT THE SITE CONTENT WILL BE FROM ERRORS, INACCURACIES OR OUTDATED INFORMATION; (IV) THAT THE SITE CONTENT WILL BE UPDATED ACCORDING TO THE LATEST INFORMATION; (V) THAT THE SERVIES OR SITE WILL BE APPROPRIATE OR APPLICABLE OUTSIDE OF THE UNITED STATES AND/OR OUTSIDE OF ANY OTHER JURISDCITION IN THE UNITED STATES OTHER THAN AS INDICATED. FAC Gift Cards, its affiliates and/OR any third party service providers hereby further expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. FURTHER, FAC Gift CardsEXPRSSLY INDICATES THAT THE SITE CONTENT IS PROVIDED “AS IS” WITH ANY AND ALL FAULTS, ERRORS OR OMISSIONS. YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND ALL INFORMATION IN THIS PARAGRAPH AND UNDERSTAND THAT YOU ARE USING THE SERVICES AND/OR THE SITE AT YOUR OWN RISK. FURTHER, YOU UNDERSTAND AND ACKNOLWEDGE THAT THE SITE, SERVICES AND/OR SITE CONTENT MAY CHANGE AT ANY TIME WITHOUT NOTICE.
FAC Gift Cards, its affiliates and/or its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of or related to this Agreement, the Services hereunder, the purchase of goods from the Site, your access to or inability to access the Site, Site Content, and/or Services, including for viruses that may have been obtained from the Site, Site Content or materials available through third party sites linked to the site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, and in that case the above exclusions or limitations may not apply to you, but you agree they apply to the fullest extent of the applicable law. You may also have other rights that vary from state to state.
You hereby agree to release FAC Gift Cards, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site and/or Services.
YOU ACKNOWLEDGE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT FROM A FAILURE OF THE SERVICES, BECAUSE, AMONG OTHER THINGS: (A) WHAT PORTION, IF ANY, OF ANY LOSS AND/OR DAMAGE WAS PROXIMATELY CAUSED BY THE FAILURE OF THE PRODUCT IS UNCERTAIN; AND, (B) A PERSON’S TEETH MAY REACT DIFFERENTLY TO ALIGNERS.
YOU UNDERSTAND AND AGREE THAT YOUR RECOVERY OF DAMAGES AGAINST FOREVERALIGNED, LLC FOR ANY FAILURE OF THE SERVICES, OR ANY ACT OR OMISSION OF FOREVERALIGNED, LLC, IS LIMITED TO THE TOTAL AMOUNT YOU PAID FOR THE SERVICES AND/OR USE OF THE SITE. IN NO EVENT WILL FOREVERALIGNED, LLC BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES OR PRODUCTS RELATED THERETO OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY TO THE PRICE YOU PAID FOR THE PRODUCT ESTABLISHES FOREVERALIGNED, LLC’S EXCLUSIVE LIAIBLITY TO YOU, AND APPLIES WHERE FOREVERALIGNED IS ALLEGED TO BE, OR IS FOUND LIABLE FOR, ANY PERSONAL INJURY, DEATH, PROPERTY LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY OR CONSEQUENTIAL DAMAGE, RESULTING FROM ANY ALLEGED FAILURE OF THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL APPLY IRRESPECTIVE OF CAUSE AND REGARDLESS OF WHETHER SUCH LAWSUIT OR OTHER CLAIM IS BASED UPON ACTIVE OR PASSIVE NEGLIGENCE, BREACH OF EXPRESS OR IMPLIED CONTRACT OR WARRANTY, CONTRIBUTION, INDEMNIFICATION, STRICT OR PRODUCT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR ANY OTHER FAULT OR FAILURE OF FOREVERALIGNED, LLC, OR THE PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD THE OPPORTUNITY TO MODIFY THIS LIMITATION OF LIABILITY BY CONTACTING FOREVERALIGNED, LLC AND NEGOTIATING FOR FOREVERALIGNED, LLC’S ASSUMPTION OF GREATER LIABILITY.
- NO GUARANTEE. You acknowledge and agree that any guarantee advertised on the Site or related to the Services is not a money back guarantee. FAC Gift Cardsdoes offer a satisfaction guarantee, but shall not be required to refund any monies paid by you or on your behalf. Instead FAC Gift Cardsagrees to reasonably cooperate with you to ensure that you are satisfied. The extent of any reasonable cooperation by FAC Gift Cardspursuant to this paragraph shall be in the sole discretion of FAC Gift Cards. You specifically agree to and acknowledge and agree to the terms contained in this paragraph.
- Your Use of the Site and/or Services. You shall only view and use the Site for yourself personally or any minor which you are the legal guardian of. Unless otherwise indicated in this Agreement, the Site does not grant to you any right to use, copy, reproduce, modify, redistribute, resell, lease transfer, display, publish, sell, license, rent, prepare or create derivative works, sublicense, amend assign, or distribute by any means, the Site, Site Content and/or Services. You may not authorize others to use the Site and/or the Services on your behalf and you expressly acknowledge and agree that you are responsible for all use of the Site and the Services by you and/or anyone on your behalf (even if this is a breach of this Agreement). You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
- Use of the Site and/or the Services by Minors. The Site and the Services are not intended for use by minors. To use the Site, you must be at least 18 years of age. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. The Services and/or Site are not intended for children under 13 years of age. FAC Gift Cardsdoes not knowingly collect personally identifiable information from children under the age of 13. If you are under 13 years old, you should not use the Site or the Services and should not provide any information to FAC Gift Cardsthrough the Site. If FAC Gift Cardslearns that it has collected or received personally identifiable information from a child under the age of 18 without verification of a parental consent or consent of a guardian, FAC Gift Cardswill attempt to promptly delete such information. If you believe FAC Gift Cardsmay have personally identifiable information about a minor without proper parental consent or consent of a guardian, please contact us as soon as possible at [email protected].
- Non-Commercial Use Only. The Site and Services are only for the personal use of individuals and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses are expressly prohibited from using the Site or Services, the Site Content or the Site for any purpose without prior written consent of FAC Gift Cards. You agree not to make use of Site Content by publication, re-transmission, copying, distribution, performance, caching, or otherwise, except as may be permitted by law or in writing by FAC Gift Cards. Illegal and/or unauthorized uses of the Site and/or Services, including efforts to collect usernames and/or email addresses and/or any other information regarding users by electronic or other means for any purpose, including sending unsolicited email or linking to the Site is expressly unauthorized and considered a breach of this Agreement. FAC Gift Cardsreserves the right to take seek any applicable legal remedies to the fullest extent allowed by the law for any breach of the terms contained herein and/or this Agreement.
- Freight – F.O.B. ORIGIN. Unless otherwise agreed in writing by FAC Gift Cards, any goods shipped to you relating to the Services or use of the Site shall be “F.O.B Origin”. This shall apply regardless of which party pays for said freight. Since F.O.B. Origin shall apply to any goods shipped pursuant to this Agreement, title to and risk of loss to said goods shall pass to you upon shipment. The manner, method of shipment, time, shipping company, origin, destination, place of payment, method of payment, form of shipping document, nor place of acceptance shall alter any terms contained in this paragraph.
- Electronic Communications. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- SMS / Text Messaging. If you choose to provide your mobile or cell phone number to FAC Gift Cards, you expressly consent to all terms in this paragraph. You acknowledge that FAC Gift Cardsmay use your cell phone information to send you transactional SMS updates about the Services, Site, your treatment, your orders and/or any communications with you. You acknowledge that the frequency and size of messages may vary. You acknowledge that message and data rates may apply from your mobile carrier and that you can opt out at any time by contacting FAC Gift Cardsor following instructions as may be provided.
- Feedback Submission. Any comments, feedback, questions, concerns, information, suggestions, submissions, ideas and/or things you submit through or related to the Site (a “Submission”) may not be considered confidential by FAC Gift Cards. You expressly acknowledge that FAC Gift Cardsreserves the right to republish any Submission and share any Submission, internally or externally. By making a Submission, you agree to grant FAC Gift Cardsa worldwide, exclusive, royalty-free, perpetual irrevocable license to reproduce, modify, use, and/or sublicense or assign such Submission in any manner whether or not related to the Site or Services. You acknowledge and agree that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their content, legality and/or any intellectual property contained therein. By making a Submission, you agree you have the right to make said Submission and that it will be free of any claims from any third party. You further agree that you are solely responsible for any claims related to or arising out of such Submission and you agree that you will hold FAC Gift Cardsharmless relating to any such claim.
- REFERRAL PROGRAM. The FOREVERaligned, LLC Referral Program (the “Program”) allows you to earn promotional credits (“Credits”) in a “Referral Account” that, in accordance with the terms herein, can be used as a credit toward future monies owed by You for your use of the Services and related products. By using the Site and/or participating in the Program, you agree to these Terms and Conditions, specifically those outlined in this Paragraph. The terms and conditions relating to the Program are as follows:
- You will be provided a unique link (“Referral Link”) that You may use to refer friends and family. All referrals should only be used for personal and non-commercial purposes. Referral links shall not be published in a commercial manner and should only be used among Your friends and/or family.
- Should an individual use your Referral Link and actually purchase a membership with FOREVERaligned, LLC, then your Referral Account will be credited $10.00. After the lapse of thirty (30) days (“Referral Lapse Period”), if there is no Referral Termination (as defined below), then the Credit of $10.00 will be applied in one of the following ways: (i) removed from the Referral Account and credited to any current monies owed by you; (ii) if you do not currently have any outstanding monies owed, then the $10.00 credit may be removed from the Referral Account and either be applied to the next billing cycle in which monies are owed by you or can be used by you to purchase any products related to the Services; or (iii) the available Credits may be removed from the Referral Account and given to you in the form of a cash equivalent (e.g. Visa giftcard). You may reasonably request any of the Credit options discussed above; however, the manner of the distribution of the Credits shall be ultimately decided in the sole discretion of FOREVERaligned, LLC or its representatives. Notwithstanding the foregoing, the $10.00 credit shall expire on the first anniversary of the Referral Lapse Period.
- For purposes of this Agreement, “Referral Termination” shall mean shall mean that the individual whom successfully used your Referral Link does any of the following during the Referral Lapse Period: (i) cancels their membership; (ii) requests and/or receives a refund for any circumstance; or (iii) otherwise terminates any agreement with FOREVERaligned, LLC to purchase and/or use the Services and/or Site.
- You agree that if an individual receives multiple Referral Links, then that the link actually used to purchase the Services and/or related goods from FOREVERaligned, LLC will receive Credits. Should FOREVERaligned, LLC be unable to determine the exact Referral Link used, then it will deemed that the last Referral Link send to the referred individual was the Referral Link actually used.
- Once a Referral Link is successfully used, you will receive an email notification from FOREVERaligned, LLC or its affiliates.
- All of your referral activity relating to the Program can be viewed in the “Referral Program” section of your account dashboard on the Site.
- There is no limit on the number of referrals you may receive.
- Jurisdiction, Venue and Governing Law. You agree that this Agreement shall be governed and construed in accordance with the laws of the State of Georgia without regard to its conflict of law rules. Any action, claim or litigation arising under or related to this Agreement must be brought in a state or federal court located in Georgia. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. FAC Gift Cardsmakes no representation that the Site Content, the Services or products offered through the Site are appropriate, available or legal in any particular location. FAC Gift Cardshereby expressly discloses and you acknowledge that the Site, Site Content and/or Services may not be available in every state and are not available outside of the United States. Those who choose to access the Site Content, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Site and Services Solely for Use in the United States. The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of the Site you acknowledge and agree that you are not an allowed user of the Site, Site Content and/or Services. Should you be a non-U.S. user and visit the Site, use its Services and/or provide FAC Gift Cardswith any Content, you agree to comply with all applicable laws governing the Site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside and you agree not to the Site or Services if said use would be a violation of any applicable law.
- Additional Customer Duties, Responsibilities and Warranties. (A) Without in any way limiting the terms of Paragraph 2, You acknowledge and agree that: (1) it is Your sole responsibility to comply with all rules, laws, statutes, codes, regulations, and/or ordinances, local, state, and federal, relevant to the use of the Services and/or Site; (2) the Services and Site are for Your own use and not for the benefit of any other party; and, (3) it is Your responsibility to implement a password to avoid being hijacked, and protect the password required to access Your account and the associated apps. (B) You acknowledge and agree that pursuant this Agreement, You agree to waive any and all claims against FOREVERAligned, LLC, and agree to fully defend and indemnify FOREVERAligned, LLC, in response to any claim, demand and/or lawsuit arising out of (1) loss caused by unauthorized access to Your account, including, but not limited to the misplacement of Your password, loss of Your Password, or hijacking of Your password by unauthorized persons; and, (2) Your failure to comply with any rules, laws, statutes, codes, regulations, and/or ordinances, local, state, or federal, relevant to the use of the Services and/or Site, including, but not limited to, those related to privacy rights, eavesdropping, surveillance, and obligations of alarm users.
- Additional Equipment. If, at any time after the date hereof, You purchase additional Services and/or related goods, all sales are subject to the terms of this Agreement.
- FOREVERaligned, LLC’s Default. In the event of any breach of this Agreement by FOREVERaligned, LLC, You agree to provide written notice to FOREVERaligned, LLC specifically identifying the nature of the breach and the provisions of this Agreement affected thereby, and to permit FOREVERaligned, LLC to cure the breach within thirty (30) business days after receipt of the written notice. If the breach cannot be reasonably cured within said period, FOREVERaligned, LLC will promptly commence to cure and diligently proceed until cured. If FOREVERaligned, LLC cures any said breach as provided herein, this Agreement shall continue uninterrupted and FOREVERaligned, LLC shall not be liable to You for any said breach.
- Exclusions and Limitations. Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Certain jurisdictions do not allow the exclusions of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by gross negligence, breach of contract, intentional acts, breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations of this Agreement which are lawful in the jurisdiction in which the use of the Services and/or Site gives rise to the alleged damage or loss will apply to You and our liability will be limited to the maximum extent permitted by law.
- Entire Agreement. The Terms of this Agreement (including any policies, guidelines or amendments that may be presented to You from time to time such as policies and legal notices) constitute the entire agreement between You and FOREVERaligned, LLC and govern Your use of the Servies and/or Site, superseding any prior agreements between You and FOREVERaligned, LLC.
- Waiver and Severability of Terms. The failure of FOREVERaligned, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the specific provision at issue, and the other provisions of the Agreement remain in full force and effect.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, all claims, actions, requests, or proceedings against FOREVERaligned, LLC must be commenced in court within one (1) year from the date of the event that resulted in the injury, death, property loss, or damage.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be, and are, no third party beneficiaries to this Agreement.
- Updates. FOREVERaligned, LLC reserves the right to amend these Terms and Conditions at any time for any reason. In the event these Terms and Conditions are modified, FOREVERaligned, LLC will use commercially reasonable means to notify You of the updated Terms and Conditions.