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Terms of Use Agreement
The information provided on this website is for general informational and educational purposes only. Use of the website is subject to your adherence to the following terms. Please read and review these Terms of Use carefully before accessing or using this website. By accessing, using, or downloading any information and/or materials from the website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions (the “Terms of Use”). If you do not agree to the Terms of Use, you may not access or use the website. The website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
The terms “you,” “your,” and “yours” refer to you, the visitor to, or user of, the website. The terms “3D Predict”, “3D Smile USA”, “3D Smile”, “we,” “us,” and “our” refer to 3D Predict.
Medical Disclaimer:
All information contained on this website, including information relating to orthodontic, dental, medical and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This website does not create a doctor/patient relationship.
Use of The Website’s Content:
By visiting and using the website, you represent to us that you are at least 13 years old. Further, by visiting and using the website, you represent to us that, if you are under the age of majority in your state (i.e., if you are a minor), you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms of Use. IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THE WEBSITE. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE (I.E., IF YOU ARE A MINOR), DO NOT USE THE WEBSITE WITHOUT CONSENT OF A PARENT OR LEGAL GUARDIAN.
All content of, and software used on, this website is owned or controlled by 3D Predict and its affiliates (“3D Predict”) or their suppliers and is protected by copyright and intellectual property laws internationally. reproduction of the content is permitted.
Subject to these Terms of Use, we grant to you a limited, personal, revocable, non-exclusive, non-transferable license to use the website for your personal use and not for resale or further distribution. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes use of the website, access to the website or any of the content accessible through the website. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our website for any public or commercial purposes. The content may not otherwise be copied or used in any way without the prior express permission of 3D Predict. You are not permitted to modify any materials from this website in any way.
Except as expressly provided above, nothing contained in this website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of 3D Predict or any third party.
User Conduct:
You agree to not use the website to:
If you do use the website to commit any of the above, 3D Predict may, at its sole discretion, terminate your ability to use the website and prosecute you, and/or aid in the prosecution of you to the fullest extent allowed by law.
Feedback and Content Submission:
Any comments, feedback, information, suggestions, submissions or materials you submit through or related to this website (a “Submission”) will be considered non-confidential by 3D Predict. You acknowledge that you are responsible for the Submissions that you provide, and that you, not 3D Predict, have full responsibility for the Submissions, including their legality. By making a Submission, you agree you have the right to do so free of any claims from any third party, and agree to bear sole responsibility and liability for any claims related to such Submission. A user shall not make a Submission unless he/she (and his/her parent or legal guardian) agrees to grant to 3D Predict a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify and to create derivative works of any Submission, and a non-exclusive right to use the name and likeness of any person mentioned or included in such Submission in connection with any use of the Submission and in connection with any derivative works that may be created from the Submission in any media, software or technology of any kind now existing or developed in the future, including the advertising thereof; (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell, and sell, rent, lease or lend copies of the Submission and derivative works thereof; and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, all without expectation of compensation, other than the right to access and use the website pursuant to these Terms of Use.
Modification and Termination of Website:
3D Predict reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part of it) with or without notice. You agree that 3D Predict shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. 3D Predict may also make improvements and/or changes in the products, services and/or the programs described in this website at any time without notice. However, 3D Predict disclaims any responsibility to update, improve or change this website.
Other Websites and Resources:
This website may provide links or references to other sites or resources and may be accessed by links from third party websites over which 3D Predict has no control. Because 3D Predict has no control over such third party sites and resources, you acknowledge and agree that 3D Predict is not responsible for the availability or content of such sites or resources, and neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 3D Predict shall not be responsible or liable, directly or indirectly, for any damage, injury, or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource. Any links to other sites are provided as merely a convenience to the users of this website. 3D Predict reserves the right to delete, modify or supplement the content, links or references of this site at any time, for any reason, without notification. Products referred to on this website may not be licensed for sale in all jurisdictions. Any offer of any product made on this website is void where prohibited. Please contact your local 3D Predict representative for a full and current listing of products available in your particular market.
Privacy Policy:
3D Predict respects your right to privacy. We may collect registration and other information about you through the website. Our collection and use of this information is governed by our Privacy Statement, which you can view here. (hyperlink) The Privacy Statement also explains how your information is used and who has access to it.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND FOR INFORMATIONAL PURPOSES ONLY. 3D PREDICT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING OR ACCESSING OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3D PREDICT OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
3D PREDICT AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND THEIR OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (“THE RELEASED PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 3D PREDICT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES’ TOTAL LIABILITY OF ANY OR ALL KINDS ARISING OUT OF, OR RELATED TO, YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING, BUT NOT LIMITED TO, WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND/OR SHALL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
Copyright/Intellectual Property Infringement
3D Predict respects the intellectual property rights of others, and requires you to do the same. It is the policy of 3D Predict to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the website in a way that constitutes copyright or other intellectual property infringement, please contact 3D Predict at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (2) a description of the work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf.
3D Predict, Attention: Copyright Agent
copyrightagent@3DPredict.com
Indemnity
You agree to indemnify and hold 3D Predict, and the Released Parties, harmless from any costs, damages, expenses and liability, including reasonable attorney’s fees, arising out of or related to your use of the website or website content, your violation of these Terms of Use, or your violation of any rights of another person or entity.
Notices
Notices to you may be made via e-mail. 3D Predict may also provide notices of changes to these Terms of Use or the website by generally displaying notices or links to notices to you on the website.
Remedies
3D Predict reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this website and its features.
Governing Law, Jurisdiction and Legal Notice
These Terms of Use will be governed and construed under the laws of the State of Delaware, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this website or the 3D Direct Content, including these Terms of Use, will be filed only in the state or federal courts located in Delaware. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Modification of Agreement
We may amend these Terms of Use at any time by posting the amended terms on the website and you are responsible for regularly reviewing these Terms of Use. All amendments of the Terms of Use shall automatically be effective 30 days after they are initially posted on the website. Your use of the website following the effective date of any modifications shall constitute your binding acceptance of those modifications.
Severability
These Terms of Use constitute the entire agreement between you and 3D Predict with respect to the website and supersede all prior agreements and understandings between you and 3D Predict. 3D Predict’s failure to enforce any provision of these Terms of Use will not be construed as a waiver of any provision or right. If any term or provision of these Terms of Use is held to be invalid, void or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms of Use will not be affected, impaired or invalidated and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law.
General
Portrayals of persons shown on this site are for purposes of illustration only. These individuals are not actual users of, or patients who have received treatment with, 3D Predict products, unless otherwise specifically stated. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of 3D Predict, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted.
The protection and security of personal data is of paramount importance to 3D Predict and its affiliates (“3D Predict”, “3D Smile USA”, “3D Smile”, “we”, “us”, and “our”). This Privacy Statement explains how we collect, protect, use and share your Personal Data (i.e., information about an identified or identifiable natural person). We collect and process personal data in compliance with the applicable data protection and privacy laws and regulations.
It is important for us that you are aware of which personal data are collected when you visit our website and when you make use of our services or offers. The following discloses how we collect, use and share the information we gather on our website(s) (collectively, the “Sites”).
We also want you to be aware of how we subsequently use this data. Our privacy notice provides information on this and about how we protect your personal data from manipulation, loss, destruction or improper use. In general, you can visit our Sites without telling us who you are or revealing any Personal Data about yourself. There are times, however, when we may seek information from you, about yourself or someone you know, such as name, email address and/or business or home address. It is our intent to let you know before we collect such Personal Data from you on the Internet and to get your consent to process such information where required.
By using our Sites, you consent to our collection, use, disclosure, transfer and processing of Personal Data in accordance with this Privacy Statement.
We collect Personal Data of customers, patients (former, potential and current), patients’ parents/guardians, physicians, and website visitors when you register to become a member of our Sites or via on-line forms or when you use the 3D Predict 3D Plan Viewer. Examples of when such data may be collected include when you sign up to receive news alerts from us or to undergo a smile assessment. Such information may include your name, address, telephone number, email address, date of birth or age, gender, income information, credit card and other financial information related to payments for services, dental records, physician information, photographs and other information you choose to provide. In addition, when visiting our Sites, we may collect sensitive data about you such as health information regarding your teeth, including images of your teeth. Users of the 3D Predict 3D Plan Viewer may also have information about their aligner wear, aligner stage, scheduled appointments, and treatment progress shared with their treating physician.
We will notify you of such purposes at the time that we request to collect Personal Data, including sensitive data, from you and will endeavor to only collect the information that is strictly necessary to fulfill those purposes.
Where we collect health data via our Sites, we will ask for your explicit consent to the collection of sensitive data and acceptance of the terms of this Privacy Statement.
We will also collect information about your use of our Sites as described in the section “Cookies and Web Tracking” at Paragraph 8, below.
On occasions you may choose to provide us with Personal Data about other people so that, for example, we can contact them with information about us. You must only share their Personal Data with us if you have obtained their consent and permission to do so.
We take technical and organizational security measures to protect your personal data against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. The measures are designed to ensure the confidentiality and integrity of your data and to ensure the continued availability and resilience of the systems and services processing them. Our security measures include encryption of your data, firewalls and password protection. Our data processing and security measures are improved constantly in line with technological developments. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while 3D Predict strives to protect your Personal Data, we cannot ensure or warrant the security of any information you transmit to 3D Predict, and you do so at your own risk. In the unlikely event of a breach, we will notify you promptly and outline our plans to correct it. Please note, however, that you are solely responsible for using adequately secured devices (e.g. antivirus software) when accessing our websites and services in order to avoid any unauthorized access by third parties.
‘Personal Data’ refers to any information that identifies, or can be used to identify, you personally; for example, your name, address, phone number, email address or invoicing details. We use your Personal Data for a variety of business purposes and collect and process Personal Data only as permitted by law and/or if you have given prior consent. We will process and store your information as long as we are required to do so by law or until the reasonable fulfillment of the purpose for which it was collected; for your revocation, withdrawal and deletion rights please see paragraphs 7 and 12, below.
Our processing of your Personal Data depends on your interaction with us and requires your consent or a legal basis. It includes the following:
We use your Personal Data to process and respond to your contact and information requests, to process and ship your orders as well as for invoicing. We also use your Personal Data to provide details of dentists and their practices and to submit contact requests to them.
We may inform you about our products, services, training courses, events and customer surveys in the field of dentistry. We may also conduct customer analysis, which may include the combination of data we receive from you offline and online, in order to provide you with customized information or offers as well as courses, events and customer satisfaction surveys which may be of interest to you in the field of dentistry. We may also use the data to gather demographic information about user trends, such as age, gender, and general income levels, to analyze use of our services and products, develop new services and products, and customize our products, services and other information we make available, and/or to provide certified physicians with information on actual or prospective patients.
We use your Personal Data to carry out registration for courses and events, including invoicing, and provide you with information about the course or event. Where applicable and indicated, your details will also be processed by our cooperation partners for the execution and/organization of the courses and events.
When you apply for a job opening, training opportunity or internship with us, we use and process your address, telecommunication and application data for the purpose of processing and evaluating your application and contacting you.
If a data-collection form contains data fields that are marked as mandatory or with an asterisk (*), the provision of such information is either required by law or by contract, or may be needed for the conclusion of a contract, provision of services or the fulfillment of the stated purpose. If you do not provide the required information, this may result in us not being able to fulfill a contract or the requested service not being provided or the stated purpose not being achievable.
We partner with other businesses to assist us in our marketing, communications, and sales efforts, and may share your Personal Data for these purposes where you have given us consent to do so or where permitted by law. These partners are not allowed to use your information for any purpose other than doing business with 3D Predict. Your Personal Data may be shared with third-party service providers, suppliers and other cooperation partners used by 3D Predict for processing your orders, requests and registrations for courses and events. Your Personal Data may also be shared with third-party service providers that provide support services to 3D Predict, including, for example, printers, call centers, advertising agencies, internet and IT service providers and data centers. In addition, we may share your information with other affiliates of 3D Predict, in particular for support, processing, supply or marketing purposes.
Our service providers, suppliers and other cooperation partners may only process your Personal Data for our purposes. Any sharing of Personal Data with third parties and affiliates is subject to their compliance with our privacy and confidentiality terms.
In addition, any information we collect, including Personal Data, may be disclosed as part of any potential or actual purchase, reorganization, merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy or receivership, in which case Personal Data could be transferred to third parties as one of our business assets.
We may also disclose your Personal Data if we believe that doing so is required by law, court order or legal process; under the discovery process in litigation; to enforce our legal rights, policies or contracts; to collect amounts owed to 3D Predict; when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or if in good faith we believe that disclosure is otherwise necessary or advisable necessary.
You have the right to object to the processing of your Personal Data by us, on grounds relating to your particular situation, subject, however, to applicable legal requirements or rights.
If you object to the processing of your data or want to revoke a given consent, please send a short message to the email or postal address provided under Paragraph 18.
Cookies are small files that are sent to your computer’s hard drive using your web browser or other programs. These are stored locally on your computer’s hard disk and kept ready for later retrieval.
Cookies are used on 3D Predict websites
Under certain circumstances, third-party cookies are also used (for example, when re-targeting) to enable functions and techniques from third-party providers.
Session cookies are only used for the session. These cookies are deleted after the session has ended, i.e. after leaving our website or closing the browser window.
Other cookies remain on your device for a longer period of time and allow us to recognize your browser on your next visit.
You can approve or reject the use of cookies – also for web tracking – via your web browser settings. You can set your browser to notify you when cookies are being enabled or to reject cookies altogether. However, when you reject cookies, you will not be able to use all our website features. You can inquire about this facility for popular browsers at the following links:
When you click or close our consent banner, our website will use Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses cookies stored on your computer to analyze your use of our website. The information generated by the cookies is usually transmitted to a Google server in the USA and stored there. Information regarding Google’s protection and their security of your Personal Data may be found here: https://support.google.com/analytics/answer/6004245?hl=de
3D Predict does not intend to collect any information from children under the age of thirteen (13), unless the information is collected from a parent or guardian. While we cannot stop a child from accessing the Sites, we do not collect any Personal Data without making it clear that the person providing the information must be at least 13 years old. If you are a parent or guardian and believe your child under 13 has provided us Personal Data which you would like to review or request be deleted, or you have questions about our Sites collecting information from children, please contact us at privacy@3DPredict.com.
Please note that the age threshold mentioned above may vary depending on applicable legal requirements in your country. If this is the case, we will indicate it accordingly at the time of collection.
Our Sites may contain links to other websites merely as a convenience. 3D Predict is not responsible for the privacy practices or the content of such other websites, and inclusion of links does not mean we endorse the information or company. This means that if you connect to another site through our Sites, we are not responsible for and we cannot control what they do with your information.
Also, you may have the opportunity to share your information with other websites, such as social media sites. We may provide a convenient link to let you do this easily, but we are not responsible for and we cannot control their website or your posts/sharing. You are encouraged to review the privacy policies and information collection practices of these other websites and social media sites.
We may send you information about us and our products from time to time if you have given us your consent (where required). Should you determine you no longer wish to receive our emails, you may use the convenient unsubscribe feature included with emails. Please allow us enough time to process your request.
Keep in mind, this withdrawal of consent does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from us, for example, if you sign up to receive news alerts from us.
If you are a user of Facebook, Twitter or other social media sites with public account settings and you hashtag using our product names, such as #3DPredict, we will be able to pull your reviews of our products from the social media sites and post them on our Sites. This is so that we can share your opinions about our products with the visitors of our Sites. Before being posted on our Sites, your comments will be reviewed by us. Please do not use these hashtags if you do not wish for your reviews to be made available on our Sites.
By posting or otherwise making available any content about your 3D Predict experience on a public social media platform, and responding “yes” if we ask for your permission to re-post your content via social media, you represent and warrant that you are thirteen (13) years of age or older and that you agree to the terms and conditions listed on our page on those websites.
If a parent, guardian, or anyone else becomes aware of user-generated content shared from an individual under the age of thirteen (13), please email us at privacy@3DPredict.com
Every time a visitor accesses our website, data about this process is temporarily stored in a log file (Server Log Files) and processed. The log file stores the following information:
An IP address is a numerical address of your technical device (computer or mobile device) used for accessing the internet and our websites. The IP address enables communication between computers and servers. The processing of this so-called server log data by 3D Predict is required for technical reasons, website analysis and improvement as well as to ensure system security.
3D Predict operates globally and may therefore transfer your Personal Data to other countries in which 3D Predict operates, including countries other than your country of residence. Your Personal Data may also be stored on our servers, which may be located outside your country of residence. However, we will continue to protect your information in accordance with this Privacy Statement. By providing us your Personal Data, you agree to such transfers, processing and/or storage anywhere in the world, including outside the United States.
If you have any questions about our collection and use of your Personal Data, we will gladly provide it. Any such questions may be directed to privacy@3DPredict.com
We may update this Privacy Statement from time to time as we deem necessary in our sole discretion. When we do, we will revise the last updated date at the beginning of the Privacy Statement. Notice of such update and/or modification will be provided on our Sites or as otherwise required by applicable law. We encourage you to periodically review this statement to stay informed about how we collect, use and share Personal Data. Your continued relationship with 3D Predict after the posting or notice of any amended Privacy Statement shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Statement take effect immediately after being posted or otherwise provided by 3D Predict.
If you have any questions about this Privacy Statement, the privacy practices of our Sites, your Personal Data, your rights regarding your information, or your dealings with our Sites, please contact:
240 Riverside boulevard
New York, NY 10069
support@3Dpredict.com
Last updated, February 27, 2020.