This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.
The Company is not a provider of medical or dental services. Any telemedicine consultations obtained through Company’s website or in conjunction with your use of Company’s Services are provided by independent United States-based dentists (referred to collectively as the “Dental Network”).
ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT, UNLESS OTHERWISE STATED, ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND THAT YOU WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU ALSO KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.
DETAILS OF THE ARBITRATION AGREEMENT ARE SET FORTH BELOW UNDER SECTION 26 – BINDING INDIVIDUAL ARBITRATION.
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Company’s website. Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) in place when the Dispute arose.
Part One: Terms Governing Use of the Website and Services
THIS WEBSITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. COMPANY IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS WEBSITE.
4. Age Limitations
This website and the Services are intended and only suitable for individuals 18 years of age and above. Some of the content on this website may not be appropriate for children. Children under the age of 13 are not permitted to use this website. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing our website. Company hereby disclaims all liability for use of the Services by individuals under the age of 18.
5. Information on this Website is Not Professional Advice
All data, information, text, graphics, links, and other material on this website and information contained on or in any product packaging or labels (collectively, the “Educational Content”) are provided as a convenience to our website visitors and customers. The Educational Content provided is for general informational and educational purposes only; it is not intended to serve as dental or other professional health advice and is not to be used for diagnosis or treatment of any condition or symptom. Educational Content does not constitute the provision or practice of dentistry or professional health care advice or service; use of the Services does not create a doctor-customer relationship with Company.
You should consult a dentist or other qualified health care provider regarding any specific questions you may have relating to your dental care or any dental or medical issues you are experiencing or about which you have questions. Educational Content is not exhaustive and does not cover all orthodontic or dental treatments and conditions, nor is it intended to replace the advice of an orthodontist, dentist, or other medical professional. You should never disregard professional advice or delay in seeking treatment based on the Educational Content or other websites linked to or from this website or your use of the Services.
6. Limited License
Provided you comply with these Terms, Company grants you a limited, revocable, nontransferable, non-assignable, non-sublicensable nonexclusive license to access and use the Services in the United States solely for your own personal and noncommercial purposes. No other licenses, rights (unless expressly described in and agreement between you and Company) are granted to you.
7. Restricted and Prohibited Use
You may use the Services only to the extent that you obey all laws, rules, and regulations applicable to your use of the Services. Our Services are intended for personal use only and may not be used in connection with commercial endeavors, unless otherwise permitted by written agreement. This website is hosted inside the United States and is intended for users located in the United States.
You agree to not use the Services in a manner that violates these Terms. You further agree that you will not: (i) use the Services to engage in activities that violate any law, regulation, or rule, or the rights of any third party, including without limitation intellectual property rights; (ii) impersonate any person or entity without their consent, or otherwise misrepresent your affiliation; (iii) post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines or codes that may harm the Services or interests or rights of other users, or that may harvest or collect any data or personal information about other individuals without their consent; (iv) engage in malicious, disruptive, or other conduct that impedes or interferes with the normal operations of the Services; (v) attempt to gain unauthorized access to the Service or other users’ accounts.
8. Suspension or Termination of Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, including the user’s account, without notice, in addition to other remedies available to Company. Company reserves the right to terminate, without notice, any user’s access to or use of the Services for any reason.
9. Your Privacy
Registration is not required to view certain content on the website. However, to use some parts of the Services you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Services, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the website using your Credentials without your authorization, contact us immediately by completing a support request.
Descriptions or images of, or references to, products or services on the website do not imply Company’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Company is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the website may be obtained by completing a support request.
Transactions with Company will result in electronic communications to you at the e-mail address that you provide regarding your order purchase amount and shipment notification. By making a purchase, you consent to these communications from us. These communications are not encrypted but any subsequent communications through the customer portal will be encrypted.
Purchasing products or services described or linked to on the website (each such purchase, a “Transaction”), may be subject to restrictions on discounts, promotions, contests, or regularly priced items. Such restrictions may include discounts when used with certain method of payments, financing, or payment plans such as BytePay, timing of discount period, or pre-determined time or dates required in order to fulfill your obligations as a customer. We reserve the right, without prior notification, to change such descriptions, restrictions, or references to limit the order quantity upon any product or service.
When you purchase a Service Subscription, you will be able designate the frequency of deliveries for specific products, as well as the pre-paid period of the overall subscription (e.g., three (3) month subscription for one delivery per month, one (1) year subscription for four (4) deliveries each month during that year, etc.).
At the expiration of the pre-paid period of your Service Subscription, your Service Subscription will automatically renew at the frequency referenced on your subscription page (or if not designated, then monthly) and you will be charged applicable subscription and delivery fees until you cancel your subscription or we terminate it. Prior to the renewal, you will receive reminders about the renewal and the renewal policies. Whether you accepted auto-renewal or continuous service online, over the phone, or in another manner consistent with Company practices, you will be allowed to terminated the auto-renewal or subscription service online, as well as any other method convenient to you. You may cancel your subscription at any time by completing a support request or using the manage subscription feature on your account settings.
We reserve the right to adjust pricing for any subscription in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to your Service Subscription will take effect on the next renewal date.
Please note: aligner financing and payment plans are not a subscription service.
13. Agreement to Single-Arch Treatment Policy
When your dental history and oral health are evaluated by the Dental Network, they will make a ruling on whether we are able to safely and successfully align your teeth. If they determine that they can safely align the upper teeth but not the lower teeth, or align the lower teeth but not the upper teeth, the Dental Network will create a treatment plan for only one arch of teeth. This single-arch plan will be shown in the 3D model displayed in your Byte Account Center. If shown in the 3D model, you acknowledge and agree that you will only receive aligners for one arch.
14. Social Media and Online Communities
Company may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, “Social Media Sites”). Company may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this website. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our website. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.
If you participate in Company online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you and you grant Company a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, copy, distribute, modify, create joint and derivative works, your content, postings and Tagged Content in any form or format. You further agree that (a) you will not post, transmit, or link to any material, websites, Tagged Content or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (b) you may only post, upload or transmit photos or materials for which you have the copyright or other permission to distribute electronically citing the original source; (c) you may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights; (d) you agree that any Tagged Content or materials you post or upload will be owned by you or be in the public domain; (e) you may not intentionally post, create, upload or transmit any software or other material that contains a virus or other harmful code or device; (f) you may not solicit other users, or distribute advertising, for products or services through the website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the website; (g) if you choose to submit Tagged Content or post items in public or “chat” portions of the website, such material, information, photographs, and other information you post in these public or group areas is available to the other individuals using website and Company does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever; (h) you will always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information; (i) you will not post any material that violates any law or regulation; (j) you will not impersonate any other person or use the identity of some other living person; and (k) your postings will truthfully reflect your own experience.
Company may terminate or restrict your access to any Company online community, including access through the website.
15. Selection and Removal of Tagged Content
We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the website or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the website, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the website properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.
17. SMS Short Code Terms & Conditions
By providing Company with your mobile phone number, you agree that we may use your number to provide you important transactional SMS information and updates about your application process, inquiries, orders, and treatment through five digit SMS short codes. These messages, including the number of messages and their individual size will vary per user based on various factors, including the level of assistance required by you to complete the process, the evaluation of your specific needs at the stages of service, and the length of treatment you experience. Carriers are not liable for delivered or undelivered messages.
a) Mobile User Opt Out and Assistance
You may discontinue text service at any time by replying “STOP” to any SMS message you receive from Company. This will unsubscribe from future SMS updates. You may also seek assistance by replying “HELP” to access a member of Company’s team or you can call our support team at +1.866.765.2327.
b) Mobile User Fees
Company does not charge any of its users additional fees to send or receive text messages. Nevertheless, your mobile carrier may charge fees for these same messages, and your message and data rates with your mobile carrier may apply.
c) U.S. Mobile Carriers Supported
Company supports the following mobile carriers: AT&T, Sprint, T-Mobile®, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, U.S. Cellular®, ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell, Cricket Wireless Dobson, Cellular One of East Central Illinois, Appalachian Wireless, Farmer’s Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (God Star), Snake River PCS, South Central, Syringa, Thumb cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless. The wireless carriers are not liable for delayed or undelivered message. Company will similarly not be liable for any delays in the receipt of any SMS messages connected with our SMS system. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
d) SMS Privacy
18. Copyright Notice
This website is owned and operated by Company. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the website and materials contained on the website are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of this website.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on this website only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright ©  Byte. All rights reserved.” Any other use of the website or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
19. Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this website infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to us by completing a support request.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
20. Trademark Notice
Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the website are the property of their respective owners.
Part Two: Additional Legal Terms
21. Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this website will be in compliance with these Terms.
22. No Warranties
USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ANY AFFILIATED COMPANY ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY “COMPANY PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
BY USING OUR SERVICES, INCLUDING BY ACCESSING OUR WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, AND COMPANY PARTIES FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED COMPANY OF THE POSSIBILITY OF SUCH CLAIM.
24. Limitation of Liability and Damages
THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF COMPANY PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR THE MATERIALS MADE AVAILABLE THROUGH THE SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us by completing a support request with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Company, including Company Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services.
26. Binding Individual Arbitration
You and Company agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST COMPANY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles County, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
Information provided through Company’s Services is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
The Services provided by Company and does not constitute any contact with any jurisdiction outside the State of California, U.S.A. Use of the Services is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. Users in such jurisdictions visit and use the Services entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.
28. Requests for Information
29. Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
30. Links to Other Websites
31. Downloadable Files and Email
Company cannot and does not guarantee or warrant that email or files available for downloading from its website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the website or Services.
32. Notice for California Users
If you have a question or complaint regarding the Services provided to you by Company please contact us by completing a support request to receive further information regarding the Services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
38. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.
39. Conflicting Terms
Anything on the website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
40. Contact Information
Please contact us with any questions or concerns regarding this Agreement at:
41. Alexys Gabrielle x Byte Instagram Giveaway
Open to U.S. residents only. Must be 18 or older to win. No purchase is necessary. Ends on May 22, 2023. One winner will be selected and contacted from @byteofficial account only via D.M. approximately one week after giveaway ends. We do not send any registration links from other accounts. This promotion is not sponsored by, endorsed by, administered by, or associated with Instagram. Byte takes no responsibility and is not liable if winner is not a candidate for Byte. No money or product will be owed to winner. If winner is not able to do Byte, or not a candidate for treatment, Byte is not responsible for any additional prizes or monetary payment.
42. Disclosure for 36-month financing with CareCredit credit card
The estimated monthly payment shown equals the purchase price (excluding taxes and shipping charges) multiplied by 3.6605%. It is rounded to the next highest whole dollar. It is only good with the financing offer shown. If you make these payments by the due date each month, you should pay off this purchase within the promo period, if it is the only balance you are paying off. If you have other balances on your account, this payment will be added to any other minimum monthly payments.
IMPORTANT: The information about the Fixed Monthly Payment shown assumes the following promotional financing offer is applied to the purchase:
18.90% APR for 36 Months* on purchases of $1000 or more with your CareCredit credit card. 36 fixed monthly payments required.
*Interest will be charged on promotional purchases from the purchase date at a reduced 18.90% APR on purchases with 36 months promotional financing. Fixed monthly payments are required until paid in full and will be calculated as follows: on 36-month promotion – 3.6605% of initial promo purchase amount. The fixed monthly payment will be rounded up to the next highest whole dollar and may be higher than the minimum payment that would be required if the purchase was a non-promotional purchase. Regular account terms apply to non-promotional purchases. For new accounts: Purchase APR is 29.99%. Minimum Interest Charge is $2. Existing cardholders should see their credit card agreements for their applicable terms. Subject to credit approval.
43. Black Friday / Cyber Monday 2023
$250 OFF Aligners offer: Offer ends December 31, 2023 11:59pm PST. Offer only valid with aligner treatment plan purchase. Offer cannot be combined with any other sale, promotion, deal, discount, code, coupon, and/or offer. May not be redeemed when using BytePay™ monthly payment plans. Limit one (1) per customer. Holds no cash value. Discount only applies if Impression kit is purchased with code NOW23 and is postmarked by December 31, 2023 11:59pm PST or if aligner treatment plan is purchased by December 31, 2023 11:59pm PST.
Free BrightByte™ Pro offer: Offer ends December 31, 2023 11:59pm PST. Offer only valid with aligner treatment plan purchase. Offer cannot be combined with any other sale, promotion, deal, discount, code, coupon, and/or offer. Limit one (1) per customer. Holds no cash value. Discount only applies if Impression kit is purchased with code NOW23 and is postmarked by December 31, 2023 11:59pm PST or if aligner treatment plan is purchased by December 31, 2023 11:59pm PST.
$120 OFF Byte Protection Plan™ offer: Offer ends December 31, 2023 11:59pm PST. Offer only valid with aligner treatment plan purchase. Offer cannot be combined with any other sale, promotion, deal, discount, code, coupon, and/or offer. May not be redeemed when using BytePay™ monthly payment plans. Limit one (1) per customer. Holds no cash value. Discount only applies if Impression kit is purchased with code NOW23 and is postmarked by December 31, 2023 11:59pm PST or if aligner treatment plan is purchased by December 31, 2023 11:59pm PST.
25% OFF oral care essentials offer: Offer ends November 30, 2023 11:59pm PST. Offer cannot be combined with any other sale, promotion, deal, discount, code, coupon, and/or offer. Holds no cash value. Discount is applied to the order subtotal before taxes, shipping, and/or fees. Discount is valid on the following products purchased with code MAINTAIN25: BrightByte™, BrightByte™ Pro, BrightByte™ Pro Travel Pens, Travel Kit, Toothpaste Tablets, Plaque Disclosing Tablets, Ultrasonic Cleaner, Byte Fizz™, Portable UV Sanitizer, Aligner Case, and Byte® Logo Tee. Offer is not valid on BrightByte™ Pro when combined with aligner treatment plan purchase.
44. Eligibility for Affirm
Affirm customers must:
Be a resident of the U.S. (including U.S. territories)
Be at least 18 years old (19 if you're a ward of the state in Nebraska)
Have a Social Security number
Own a phone number that receives SMS and is registered to the United States or U.S. territories