How Byte Helps You
Byte’s Aligner Program makes it easy to have a beautiful smile, without the hassle of surgery or braces. Byte connects you with a dentist and provides a series of clear, BPA - free plastic aligners which gently apply pressure to your teeth. Through this process, the aligners carefully guide your teeth into a more beautiful smile. Aligners are designed for each stage of the straightening process, which typically lasts between 4 to 12 months. The information below assists you in your decision whether or not to use Byte’s straightening and optional whitening products, including the lasting benefits, potential difficulties and risks associated with this process. If you have questions or concerns, you should always feel free to contact the Byte’s customer care team. We are here to help you meet your goals.
Benefits
Byte offers a clear aligner made from BPA-Free plastic. Unlike traditional braces, Byte’s aligner trays are unlikely to gain attention due to their clear, thin, and light weight structure. The removable aligners allow you to eat, brush, and floss normally, and without the undesirable side effects of braces. In addition to overall better oral hygiene, the whitening system allows you to whiten the appearance of your teeth during your treatment.
Risks
Byte Clear aligners are not appropriate for all customers, and may pose certain risks. These include possible:
Allergic Reaction – It is possible for some customers to become allergic to the materials used to create your aligners. If you experience a reaction, please discontinue use and inform us and your primary care provider immediately.
Black Triangles – Teeth which have been overlapped for long periods of time may be missing the gum tissue and when these teeth are aligned, a “black triangle” appears below the inter-proximal contact.
Cavities, Gum, or Periodontal Disease – Cavities, tooth decay, periodontal disease, inflammation of the gums or permanent markings (e.g. decalcification) may occur or accelerate during use of aligners. These reactions are more likely to occur if you eat or drink lots of sugary foods or beverages, or do not brush and floss your teeth before inserting the aligners, or do not see a dentist for preventative check – ups at least every six months. In addition, in some circumstances discoloration or white spots may occur; small cavities may increase in size, causing sensitivity and in some cases pain or tooth breakage; gingival inflammation may increase causing soreness and or bleeding. If underlying periodontal conditions persists unchecked, they may become more prevalent leading to tooth loss. You may have to discontinue aligner treatment. All of these conditions will require you to seek care from a dentist of your choice.
Damage to Nerves in Teeth – Tooth movement may accelerate nerve damage or nerve death resulting in a root canal, other dental treatment, or loss of the tooth. It is not possible to predict which customers may experience nerve damage, but customers who have experienced tooth injury or had restoration work on a tooth are at higher risk. If your family dentist detects nerve damage prior or during your aligner treatment, treatment may need to be discontinued or eventual tooth loss could occur.
Discomfort – Your mouth is sensitive so you can expect an adjustment period and some minor discomfort from moving your teeth. You may also experience gum, cheek or lip irritation when you initially use an aligner while these tissues adjust to contact with the aligner trays. Further, your bite may change during treatment and may result in temporary discomfort. Your bite may require adjustment after use of the aligners.
General Health Issues – Overall medical conditions such as bone, blood or hormonal disorders, and many prescription and non – prescription drugs (including bisphosphonates) can affect the movement of the teeth and the outcome.
Impacted and Supernumerary Teeth – Teeth may become impacted or trapped below the bone or gums. Sometimes some customers are born with “extra” or supernumerary teeth. If you have impacted, unerupted or supernumerary teeth, aligners may not be an ideal option. If you have impacted teeth you may go through the Impression Kit process to determine if Byte is right for you.
Oral Piercings – Piercings are contraindicated during aligner therapy and therefore should be removed during treatment. In some circumstances, failure to do so could result in fractured aligners or broken teeth leading to termination of aligner treatment.
Previous Dental Treatment – Aligners will not move implants and may not be effective on some dental restorations, such as bridges. Additionally, dental restorations, such as crowns, veneers, or bridges, may require replacement due to tooth movement.
Safety – Aligners may break, be swallowed or inhaled. You may also have an allergic reaction to the materials used in the aligners.
Shortening or Root/Resorption – The roots of some customers’ teeth become shorter (resorption) during use of aligners. It is not possible to predict which customers will experience it, but customers who have had braces in the past are at higher risk. Resorption can impact the long – term health of teeth. If resorption is detected by your family dentist during orthodontic treatment, treatment may need to be discontinued or eventual tooth loss could occur. If a primary (or “baby”) tooth is present, any orthodontic movement would accelerate the resorption process leading to its loss.
Supraeruption – If a tooth is not properly covered by an aligner, it may migrate outwards (supraeruption) leading to difficulty cleaning, gum disease, tooth decay and loss of tooth.
Temporary Side Effects – You may experience temporary changes in your speech or salivary flow while using aligners because of the presence of the aligner tray in your mouth.
Temporomandibular Joint Dysfunction (TMJ) – Problems may occur in the jaw joints during aligner therapy causing pain, headaches or ear problems. The following factors can contribute to this outcome: past trauma or injury, arthritis, hereditary history, tooth grinding or clenching and some medical conditions.
Molars - In most cases Byte aligners do not move molars. Aligners may not cover molars all the time.
Wisdom Teeth - In the vast majority of cases customers can proceed with Byte aligners with presence of wisdom teeth. Customer should consult with family dentist or oral surgeon to determine need and timing of wisdom tooth removal.
Do Not Use the product if you have the following conditions:
Severe open bites, severe overjet, severe overbite, tooth malocclusion requiring surgical correction, mixed dentition (both infant and adult teeth), dental prosthetics or dental implants, active periodontal disease, active tooth decay or dental caries, permanent retainers, mental illness or PETG material allergy.
A Warning: In rare instances, some people may be allergic to the plastic aligner material or other included materials. If you happen to be one of them, stop using immediately and contact a health care professional immediately. Orthodontic appliances can be accidentally swallowed or aspirated and may be harmful.
Byte is suitable for non-bone Malocclusion deformity correction. When in doubt, play it safe. Call a healthcare professional if you’re experiencing any adverse effects and get in touch anytime by completing a support ticket.
The information below assists you in your decision whether or not to use Byte’s straightening and optional whitening products, including the lasting benefits, potential difficulties and risks associated with this process.
Nighttime Aligners Risks – Each of the risks identified herein also exist with Byte’s Nighttime Aligner Program. Nighttime Aligners also have some additional pros and cons to consider before choosing this option. Obviously the pros of not having to wear aligners all day and removing them in front of friends and family are great. There is also the benefit of having to remove and replace aligners less frequently, as Nighttime Aligners should be placed on after dinner and removed before breakfast (instead of standard aligners that must be removed and replaced at each meal). Remember, by their very nature, Nighttime Aligners will require longer correction time. Generally, our average Nighttime Aligner treatment is five to six months, but your correction time will vary depending on treatment planning and requirements. There is a risk that, if you chose Nighttime Aligners, you will experience more discomfort than standard treatment, as there will be additional strain on your teeth after having the aligners off each day for long periods. HyperByte can help to alleviate this discomfort, but remember it may be more uncomfortable. Nighttime Aligners may increase the risk of root damage described above. You may experience other issues such as daytime wiggling of teeth and slower whitening effects as well. Once treatment is complete, Nighttime Users may also experience a higher likelihood of shifting post treatment, which means you need to remain vigilant in wearing your retainers after treatment to avoid negative dental realignment. Nighttime Aligners are not suitable for all candidates, and work better with mild crowding and spacing issues. Further, you may see better results with standard alignment treatment.
Other Risks and Warnings
Byte’s Aligner Program it is not intended as a replacement to regular dental examinations and dental care. Orthodontic treatment and the movement of teeth bring inherent and potential risks and side effects. In the case of aligner therapy such risks include, but are not limited to, discomfort, swelling, sensitivity, numbness, sore jaw muscles, allergic reaction to dental materials, and unforeseen conditions that may be revealed during treatment which may necessitate extension of the original procedures or the recommendation of other customer – specific procedures. Additionally, the tissue attachment between the front teeth may become inflamed which is a common result of aligner therapy. The procedure required to treat this, known as a frenectomy, is not a part of my Byte treatment, but is a recommended adjunctive treatment for the best outcome and long-term stability of my smile.
Duration and Results
The length of time you wear the aligners and the results depend on many factors, including, but not limited to: the severity of your case, the shape of your teeth, or the amount of time you wear the aligners per day. The average person generally wears the aligners for 4 – 8 months, but your particular rate of tooth movement is impossible to predict and could take longer. If the duration is extended beyond the original estimate, additional fees may be assessed. Difficult cases may require IPR and/or extractions with traditional braces for ideal results.
Do not throw away your aligners at any point until your treatment is 100% complete and you have retainers. If at any point during treatment you are asked to go back to a previous aligner, for example if you lose an aligner, we need for you to have all of your previous aligners available.
Future Retainers
Teeth may move again after you stop wearing the aligners. Retainers will be required to keep your teeth in their new positions for a lifetime. Your retainer should be worn full – time for 2 weeks and then nightly from then on. You can expect a retainer to last no more than one year, but this can vary greatly from customer to customer. Due to wear and tear we recommend buying new retainers at least once every six months. In order to qualify for the Byte for Life Guarantee™ you must: 1) purchase retainers from (a) Byte or (b) another source (so long as you keep and show valid proof of purchase on annual basis after your last retainer purchase from Byte.) Proof of purchases from other sources must also be sent to Byte within 45 days of purchase by completing a support ticket and 2) confirm at least once per year that you are actively using your retainers as directed.
Impression Kit
In rare cases people may have an allergic reaction to the materials used in the Impression Kit. If you have concerns, please contact Byte for a complete list of ingredients. As with any dental impression, damage or loss of tooth structure, crowns, bridges, implants, bonded retainers or other dental work is possible. Please do not use the Impression Kit with partials.
Do not ingest the Impression Kit material. If you do and experience any health problems, please seek medical attention. As with anything placed in the mouth, choking hazard is a risk, please exercise appropriate caution.
Byte and clear aligner therapy should not be used by people with active periodontal disease.
Whitening Risks
Type of Discoloration – The whitening system will not lighten all teeth or restorations in teeth. Blue, gray, multi – colored, or striped discoloration may not respond to whitening. If you have gum recession or periodontal disease, the area of the tooth near the gum line may not respond to the whitening. Similarly, fillings, cavities or other damage will not lighten. Use of cigarettes, wine, coffee, tea, and similar stain producing agents will also slow whitening process.
White/Tooth Colored Fillings – White or tooth colored fillings will not lighten or may become softer after using the whitening system. These fillings may need to be replaced after whitening to match lighter teeth or if they become soft.
Pregnancy - For women who are or may become pregnant: I agree that, although I may start or continue treatment during pregnancy, in order to do so, I will receive authorization from my treating physician prior to starting or continuing aligner treatment. While I do not have to provide this authorization to Byte, by agreeing to this section, I agree that it is my obligation to communicate with my doctor prior to starting or continuing the aligner process during pregnancy.
Sensitivity and Irritation – Gum irritation may arise from excessive use of whitening system, as throat irritation if whitening agent is swallowed. Tooth sensitivity may occur during initial use. In addition, discomfort and possible permanent nerve damage can arise if whitening agent leaks into damaged or cracked teeth fillings.
Reversible – Whitened teeth can darken again over time. Reduction of certain types of foods and beverages will reduce staining of teeth.
HyperByte Proper Usage
HyperByte Disclaimer – Please do not submerge your HyperByte in water or other liquids at any time. Only use UL Certified USB chargers and cables (not included), failure to use certified chargers and cables carry a risk of damage and overheating.
Do not dispose of your HyperByte, even at the end of treatment. HyperBytes will not be issued if a customer has to go back into refinements.
Alternatives
Alternatives to Byte’s Aligner Program include traditional braces, surgical options, and living with your teeth as they are.
Informed Consent to Use of Aligner Product and Telehealth Services
I understand and acknowledge that Byte employees and contractors, and the dental professionals responsible for my dental care during the course of my participation in the Byte Aligner Program (“Dental Professionals”), may provide me with certain products and services, leveraging technology tools, including asynchronous and/or synchronous telehealth technologies (“Telehealth Technology”).
The purpose of this Consent form is to provide you with highly important information about the products offered in connection with the Byte Aligner Program and the use of Telehealth Technology by Dental Professionals to determine whether the Byte Aligner Program is appropriate for you. This information is intended to enable you to make an informed decision about whether the Byte Aligner Program and the use of Telehealth Technology is appropriate for your condition and needs, and fully understand the benefits and risks associated with the Byte Aligner Program and Telehealth Technology.
Role of the Dental Professional. A licensed Dental Professional will perform an asynchronous or synchronous review of your medical information, dental impressions or intraoral scan, images, self-reported data, treatment plan, and potentially other important information to assess, in his or her sole discretion, whether the Byte Aligner Program, including use of the aligners, is appropriate for you.
Role of Telehealth Technology in Assisting Dental Professional. There are many benefits, but also risks associated with receiving care via Telehealth Technology. Benefits include convenience, increased access, and the ability to receive care in your home. The risks are outlined below in the following section. The Dental Professional may request that you halt receiving care via Telehealth Technology and instead receive in-person care if the Dental Professional deems appropriate. Services provided through Telehealth Technology may involve electronic communication of my personal medical information to Dental Professionals that may be located in other areas, including out of state. You understand that your personal information, including health information, will be shared with Byte, the Dental Professional, and potentially other third parties or persons for the purposes of diagnosis, aligner and treatment plans and for product manufacturing, and I hereby consent to the sharing of this information with such parties.
Risks Associated with Use of Telehealth Technology. You understand that use of the Telehealth Technology has risks associated with it, such as (1) information that you transmit through the Telehealth Technology may be insufficient to allow for appropriate decision-making by the Dental Professional; (2) failures of equipment (e.g., servers, devices) or infrastructure (e.g., communications lines, power supply, software failures) may cause interruptions and delays in the provision of care and treatment, or loss of information; and (3) in rare events, security protocols could fail, causing unauthorized access to your health information. You acknowledge that, although the Dental Professional and Byte strive to prevent unauthorized access to information about you through encryption of information transmitted by the Telehealth Technology and other security measures, they cannot guarantee that your use of the Telehealth Technology and the information will be private or secure, and you consent to this risk, as well as any other risks outlined in this Consent form.
Accuracy of Information Submitted to the Dental Professional. In order for the Dental Professional and Byte to provide you with quality services, it is important that you provide 100% accurate and complete responses to questions. You understand that the Dental Professional will rely on this information to provide services to you, as inaccurate information can result in harm or injury to you. You acknowledge and agree that you are solely responsible for ensuring that the information submitted by you is accurate, complete and current at all times.
Important Requirements for Participation in Byte Aligner Program. By electronically signing this Informed Consent, you hereby represent, acknowledge and agree to all of the following:
I have a treating dentist located in your home state who provides me with dental care on a regular basis. I have discussed the Byte Aligner Program with your treating, local dentist and was afforded the opportunity to ask questions about the use of clear aligners and Byte Aligner Program.
Within the past 12 months, my treating dentist has cleaned, examined my teeth for any dental issues, such as loose teeth, defective fillings, crowns or bridges, and shortened or reabsorbed roots, has taken x-rays of my teeth, and has probed or measured my gum pockets and confirmed that you do not have periodontal or gum disease.
My dentist performed a full oral-cancer screening in the last 12 months and I do not have oral cancer.
I have no pain in any of my teeth or jaws.
I have no loose teeth.
I have no “baby teeth” and all of my permanent teeth are present.
In the event that the Dental Professional who is assisting with the evaluation and determination of whether I am an appropriate candidate for the Byte Aligner product, including the development of my treatment plan, determines that additional observation by my personal dentist (i.e., the dentist who performed an in-person exam in the past 12 months) is required to proceed, I will make an appointment and re-certify an attestation addressing the identified concern within 30 days of my receipt of the concern from a Dental Professional, and I fully understand that my treatment may be delayed during this period of time.
In addition, by electronically signing this Informed Consent, I further hereby represent, acknowledge and agree to all of the following:
I have no expectation that the Byte Aligner Program will correct any existing bite condition. I understand I will need to seek dental advice from a separate dental professional if I desire to correct any bite condition, because, although my teeth will be straighter, any preexisting bite condition will remain compromised after my participation in the Byte Aligner Program.
I represent that I fully understand the risks, benefits, and alternatives described above in deciding to enter into an agreement to participate in Byte Aligner Program.
I understand that, in addition to discussing the information contained in this form with a Dental Professional and your written consent by signing this Consent form, I may be required to provide oral consent or other forms of consent consistent with my local state laws.
I hereby voluntarily consent to fully participate in the Byte Aligner Program, as part of my clear aligner treatment program, after having been advised of the risks and disadvantages of the treatment. I acknowledge that dental care is not an exact science and that neither Byte nor the Dental Professional makes any guarantees regarding the services provided through the Byte Aligner Program, except as otherwise expressly set forth herein, and I elect to receive services with full understanding of this information.
I have the right to withdraw this consent at any time by sending written notice including your name and address through the support form at patient.byte.com/support. I understand and agree that my withdrawal will be effective upon Byte’s receipt of this written notice, except that my withdrawal will not have any effect on any action taken by Byte and the Dental Professional in reliance on this consent before the withdrawal notice was received. I acknowledge and agree, however, that withdrawal of this consent may result in the termination of your access to certain services from Byte and/or the Dental Professional.
By signing this Consent form, I hereby represent that I have fully read and understand the terms, and I fully agree to and accept all of the terms set forth herein.
Agreement to Arbitrate and Class Action Waiver
I hereby attest that I have read and agree with, and have taken time to consider the consequences of this important decision, the terms of Byte’s Agreement to Arbitrate and Class Action Waiver that is attached hereto. I agree any dispute regarding the products and services offered by Byte and/or affiliated dental professionals, including but not limited to medical malpractice disputes, will be determined on an individual basis (and not as a class, representative, or collective action) by submission to arbitration pursuant to the attached Agreement To Arbitrate and Class Action Waiver, and not by a lawsuit led in any court, except individual claims within the jurisdiction of Small Claims Court. I understand that to initiate the arbitration, I must send a Demand for Arbitration pursuant to the agreement in the attached Agreement to Arbitrate Form. I agree that the arbitration shall be conducted by a single, neutral arbitrator selected by the parties and shall be resolved using the rules of the American Arbitration Association.
Exchanges and Returns
If you receive a product that is damaged let us know by completing a support ticket and we will replace it.
For your safety, we do not accept returns. Most products ship the same day they are ordered, or in the case of custom aligners we begin production of your custom aligners as soon as you complete your aligner purchase. Once an order has been placed we cannot accept exchanges, returns or refunds.
International Shipping
We ship to all US states. Cost of International shipments are the responsibility of the customer.
Disputed or Past Due Accounts
Disputed or past due accounts may result in delayed or discontinued treatment and may void your Byte for Life Guarantee™.
Video/Photograph Release
Byte’s Aligner Program makes it easy to have a beautiful smile, without the hassle of surgery or braces. I hereby grant Straight Smile, LLC (“Straight Smile” or “BYTE”) the irrevocable right and permission to use photographs and/or video recordings of me to use and disclose information about me for the purposes of creating photographs or video clips, as well as stand-alone pictures/graphics in which I may appear and/or be heard, for use in internal Byte publications and for the purpose of training of Byte employees. Byte’s use of any photographs or video recordings will be limited to internal websites and publications. Byte agrees that any photographs or video clips will not be used on social media or any public media platforms. The purpose of these recordings are for training purposes and for internal use only.
I understand and agree that such photographs and/or video recordings of me may be placed on the internal Byte websites. I also understand and agree that I may be identified by name and/or title in such internal printed, websites, or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Straight Smile.
I hereby release, acquit and forever discharge Straight Smile, its current and former directors, agents, officers and employees of the above-named entity, its affiliates or assigns, from any and all claims, demands, rights, promises, damages, and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
I hereby warrant that I am eighteen (18) years old or more and competent to contract my own name or, if I am less that eighteen years old, that my parent or guardian have signed a parental release form. This release is binding on me and my heirs, assigns and personal representatives.
AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
By agreeing to the Consent, you agree that you are required to resolve any claim that you may have against Byte, Straight Smile, LLC, or their affiliated dental professionals (collectively Byte et al.), including but not limited to medical malpractice disputes, will be determined on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Byte et al.,and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Byte et al. by someone else.
Agreement to Binding Arbitration Between You and Byte et al.
You and Byte et al. agree that any dispute, claim or controversy arising out of or relating to (a) the Customer Consent or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the services and products you order and/or receive from Byte et al. at any time, whether before or after the date you agreed to the Consent, will be settled by binding arbitration between you and Byte et al., and not in a court of law.
You acknowledge and agree that you and Byte et al. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Byte et al. otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Byte et al. each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms of the Consent are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Consent, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules
Location and Procedure
Unless you and Byte et al. otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Byte et al. submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Byte et al. will not seek, and hereby waives all rights Byte et al. may have under applicable law to recover, attorneys’ fees and expenses if Byte et al. prevails in arbitration.
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Byte et al. will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes
If Byte et al. changes this Arbitration Agreement after the date you first agreed to the Consent (or to any subsequent changes to theConsent), you may reject any such change by providing Byte et al. written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Straight Smile, LLC (available at www.sos.ca.gov), or (b) by completing a support ticket. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Byte et al. in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Consent (or to any subsequent changes to the Consent)
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
