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Coon AH &F WN
DAVID J. COOK, ESQ. (State Bar # 060859)
COOK COLLECTION ATTORNEYS
A PROFESSIONAL LAW CORPORATION
165 Fell Street, San Francisco, CA 94102
P.O. Box 270, San Francisco, CA 94104-0270
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
Telephone: (415) 989-4730
Facsimile: (415) 989-0491
Email: Cook@SqueezeBloodFromTurnip.com
9
File No. 57,6
Attorneys for Plaintiff
ALIGN TECHNOLOGY, INC.
10/24/2018
Clerk of the Court
BY: EDNALEEN ALEGRE
Deputy Clerk
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
ALIGN TECHNOLOGY, INC.,, a
corporation,
Plaintiff,
vs.
NICOLE LAMBERT, an individual,
AND DOES I THROUGH X, AND
EACH OF THEM, INCLUSIVE,
Defendant.
)
CASE NO, CGC-17-561692
DECLARATION OF KENT ALLEYNE
HENRY IN SUPPORT OF IN OPPOSITION
TO MOTION TO VACATE DEFAULT
JUDGMENT AND DISMISS ACTION FOR
LACK OF PERSONAL JURISDICTION
Hearing Reservation No. #07260820-02
Date: November 7, 2018
Time: 9:00 a.m.
Dept. 302 - Discovery
Judge: Harold E. Kahn
I, KENT ALLEYNE HENRY, hereby declare and state as follows:
1, Declarant is an employee of ALIGN TECHNOLOGY, INC., hereinafter “ALIGN”
from and after March 2018, and has the following job title of Collection Manager, Finance.
ALIGN is the leading provider of “Invisalign” products which are provided to dentists as part of
their orthodontic practice.
2. Declarant was employed by the Sociedad de Seguros de Vida Del Magisterio as the
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DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoem a DAH FY HD
27
Branch Manager from January 2003 to November 2006. From November 2006 to May 2011,
Declarant was employed with Innovative Data Solutions, in the Financial Security Department as
the Head of Recovery and Collections. From January 2012 to October 2015, Declarant was
employed with Thomson Reuters in the Finance Department as the Credit and Collections
Manager. From October 2015 to March 2018, Declarant was employed with Cargill Business
Services as the OTSC Head of Collections for North America. Declarant therefore has had fifteen
(15) years experience in credit and collections, accounts receivable management, accounts
receivable accounting matters, customer liaison in dealing with matters relating to credit and
collections. Declarant has a working knowledge of accounting matters relating to accounts
receivable and collections.
3. Declarant has been employed with ALIGN since March of 2018. Declarant spent four
(4) months training with Alberto Chaves, who previously held this position: Declarant had “hands
on” training and became familiar with all facets of collections, credit, and related areas in which
Declarant would become familiar with and necessarily would require the knowledge and expertise
in these areas.
4, Declarant’s specific duties at ALIGN are the following:
A. Supervision over the collection department on behalf of ALIGN for the Americas
Business, which would include the United States, Canada, etc.
B. Supervision and management of protocol, processing, and maintenance of the
collection department, which would include supervising the management of
individual files, and the work up, collection communications, payment programs,
and claim adjustments on behalf of the members of the collection department.
Cc. Liaison with other managers within ALIGN, liaison with senior management, the
issuance of reports, and other dissemination of information within ALIGN itself.
D. Direct liaison with outside collectors, collection agencies, attorneys, and third
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DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoe IN DAH FF BD
parties who represent the interest of ALIGN.
E. Direct familiarization with the practices and procedures of ALIGN, knowledge of,
and understanding of the ALIGN terms and conditions, including forum selection
clauses, direct familiarization with the accounting practices of ALIGN, sales
procedures, and other activities on behalf of ALIGN, including the production of
materials at the requests of the dentists.
F. Direct familiarity with the general body of civil law, bankruptcy, collection law,
HIPPA, and other legal matters upon which ALIGN bases its collection protocol.
While Declarant is not an attorney, Declarant has a working knowledge of the legal procedures.
5. As part of Declarant’s duties and responsibilities, Declarant is personally familiar with
the Dr. Lambert account, including the fact that she has purchased ALIGN products but has not
made payment thereof. The current balance is $48,256.74. Declarant has read and reviewed the
relevant ALIGN terms and conditions, reviewed the relevant invoices which are unpaid,
supervised the ordering up of the supporting documentation, including the electronic
communications between Dr. Lambert and ALIGN which supported each order, confirmed that
Dr. Lambert used her password in order to place an order with ALIGN, and furthermore
confirmed that in fact Dr. Lambert’s password was used to place all of the orders, and nobody
else,
6. Declarant likewise became familiar with the fact that only a dentist with an ALIGN
username and password could order ALIGN products, The dentist would facilitate this order
through a scanner in their offices which ALIGN would provide, and would have to input their
username and password.
7, Each individual dentist who is entitled to order from ALIGN has their own ALIGN
issued username and password. The presumption is that the dentist with the username and the
password would be the person who is ordering products from ALIGN. Under HIPPA, it would be
3
DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONinconsistent with the practices therein that a dentist would hand over their username and
2) password, which would entitle a third person to have access to protected information, and to make
3} an order through the ALIGN scanner. The presumption therefore is that all orders have been
4|| made by the dentist who holds a username and password in their own name.
5 8. To avoid any uncertainty, the core facts of the relationship between ALIGN and Dr.
6 |] Lambert are the following:
7 Date that Dr. Lambert started placing orders: : July 19, 2013.
Person with sole access to Align Scanner (to order): Dr.
8 Lambert
9 Who held the password to the Align Scanner: Dr. Lambert.
Total Patients on the Account: 112
10 Total Orders ( Invisalign products, supplies and advertising products): 1,123
Total dollar value of billings (paid and unpaid): $85,749.00
11 Unpaid balance: $48,256.74
Purchase price of scanner before taxes: $28,999.00
12 Number of unpaid invoices 51
Number of paid invoices 191
13 Method of payment American
Express credit
14 card
Name on Credit Card NICOLE
15 LAMBERT
16 9. Declarant also seeks to respond to some of the statements that Dr. Lambert made at her
17 deposition, and does so by way of a response, as follows:
18 Q. “Have you ever personally yourself ordered ALIGN products through their online
19 site?” ,
20 Declarant’s Response: Dr. Lambert personally held the user and password code for the
21 account and was the Align customer of record. Align’s records show 242 paid and unpaid
22 orders. Each ALIGN dentist needs a password to enable the scanner.
23 Qa “Have you ever used your ALIGN password to order ALIGN products?”
24 Declarant’s Response: Dr. :Lambert could access her account by logging into the Align
25 account under her user name and password.
26
4
27
DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
28 | DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONQ. “Do you know whether or not the dentist who worked for you have ordered ALIGN
2 products?”
3 Declarant’s Response: Dr. Lambert was the sole dentist at her practice who held a user
4 name and password.
5 Q. “Have you ever provided ALIGN TECHNOLOGY products to your patients?”
6 Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align
7 aligners, retainers and related products for Dr, Lambert.
8 Q. “Have you provided ALIGN TECHNOLOGY orthodontic products?”
9 Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align
10 aligners, retainers and related products for Dr. Lambert.
11 Qa. “Has Lambert Dentistry, be it run by you, or Lambert & Co., ever ordered, at
12 anytime from ALIGN TECHNOLOGY, ALIGN TECHNOLOGY products, being
13 the Aligners, Retainers, and all other materials?”
14 Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align
15 aligners, retainers and related products for Dr. Lambert.
16 Q. “Can you tell me at anytime whether or not you, as a dentist, ever ordered directly
17 or indirectly, ALIGN TECHNOLOGY products?”
18 Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align
19 aligners, retainers and related products for Dr. Lambert.
20 Q. “Do you have a recollection of ever receiving from ALIGN, the invoices in Exhibit
21 8?”
22 Declarant’s Response: Dr. Lambert’s email indicates that she received the bills.
23 Q. — “Do you have a password with ALIGN?” /
24 Declarant’s Response: Dr. Lambert was the sole dentist at her dental practice who held
25 an ALIGN issued username and password.
26
5
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DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE,
28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTION27
Q. “Why does it say, | acknowledge my company’s debt to ALIGN. What is that debt
for?”
Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align
aligners, retainers and related products for Dr. Lambert.
a “Have you, yourself, personally ever administered ALIGN TECHNOLOGY
products, being Retainers, and Aligners, yourself, at any time?”
Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align
aligners, retainers and related products for Dr. Lambert.
10, Declarant is familiar with most facets of its business, including the method and
manner of contracting with dentists. Declarant regularly participates with other managers and
executives of ALIGN in discussions of the contractual dealings with the dentist and has been
informed of, and remains informed, of the terms and conditions of the sales of the ALIGN product
line to the dentists.
11, Declarant is familiar with all facets of ALIGN including the method and manner of
how dentists place an order with ALIGN, the methodology of contracting, the terms of the sale
arrangement, and generally the relationship between the dentists and ALIGN.
12. Declarant and/or members of the Declarant’s department have direct contact with the
dentists in an attempt to resolve differences, discuss the accounts, and resolve disputes if possible.
13. The general procedure in ordering ftom ALIGN is that a dentist who has qualified to
order Aligners and retainers from ALIGN, hereinafter collectively “Qualified Dentists,” will
undertake the following procedure:
1. Customer access to ALIGN web page, www.align.com, by using their
username and password. This is called the “Log in.”
2. The next step is that the Qualified Dentist clicks on the add new patient
option.
6
DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTION3. The Qualified Dentist enters the patient records, patient data, clinical
conditions, portraits, x-rays, scans, etc.
4, After entering all of this information, the Qualified Dentist will have to
click on the “confirm” button, where at the same time he or she is accepting
the terms and conditions on the screen that says “confirm” order.
5. The Qualified Dentist cannot place an order until he or she clicks on the
“confirm” button. The language which is on the top of the screen is the
following:
Terms and Conditions
By clicking Confirm you are accepting this treatment plan, and
confirming that Align Technology, Inc. can begin manufacturing
process for customer aligners or retainers for this patient. By
accepting, you also agree to pay all applicable fees, and this
amount non-refundable. Please refer to Pricing, Terms and
Conditions for Invisalign, and the Arts & Advertising Standard
Guide for Invisalign products which govern this transaction.
[Emphasis added.]
: CONFIRM
14. Declarant personally cycled through the process as set forth above of a Qualified
Dentist going through the order process. Declarant did this to make sure that when a Qualified
Dentist sought to place an order that upon clicking on the “confirm” button, that the terms and
conditions are incorporated into the sale.
15. Dr. NICOLE LAMBERT, hereinafter “Dr, Lambert,” is a customer of ALIGN. For
her to order from ALIGN she had to go through a training process in order to become a Qualified
Dentist in the administration of the Aligners and retainers on behalf of her patients. Dr. Lambert
had a username and a password. Dr. Lambert has been a customer of ALIGN since February 19,
2013. For Dr. Lambert to become a customer she had to go through a training process.
16. The subject matter of this action are 51 separate invoices, True and correct copies of
the invoices are attached hereto marked Exhibits “A-1" through “A-51.” Declarant is personally
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DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoC oOo YN AW Fw DN
familiar with these invoices, and directed that they be forwarded to outside counsel to support a
lawsuit against Dr. Lambert for nonpayment in the sum of $48,256.74. The copies which are
attached marked Exhibits “A-1" through “A-51" are copies of the originals, i.e., copies of the
electronic copies which are kept and maintained by ALIGNING. Declarant personally confirmed
that these are the invoices accrued by Dr. Lambert.
17. By the fact that there are 51 unpaid invoices, means that Dr. Lambert had to personally
hit the “confirm” button on her screen to order the ALIGN Aligners and retainers, which are
generally described in Exhibits “A-1" through “A-51.” The “confirm” button is on the lower
right hand of the screen. The “confirm” button is in blue color, and is readily visible. The dentist
has the ability to “cancel” the order.
18, This means that Dr. Lambert was advised that each transaction, i.e., each invoice, was
governed by the terms and conditions of ALIGN at the time. Dr. Lambert could click on the
“Pricing, Terms and Conditions” which would be a direct link to the ALIGN Pricing, Terms and
Conditions. Therefore, with nothing more than hitting the “link” she could have read the ALIGN
“Pricing, Terms and Conditions.”
19, From and after February 19, 2013, Dr. Lambert placed a total of 242 orders. She paid
for 108 of these orders. She has not paid for 51 of the orders. This means that she hit the
“confirm” button in placing these 242 orders. Dr. Lambert was the sole owner and holder of the
account with ALIGN, i.e., her ALIGN issued username and personal password and therefore the
sole person to have ordered the Aligners and Retainers from ALIGN. She ordered Aligners and
retainers from ALIGN 242 times, in which each of these orders stated that the ALIGN “terms and
conditions” would govern the transaction. In Declarant’s position, Declarant is familiar with all of
the terms and conditions relevant to this case, including Exhibits “B,” “C,” “D” and “E,” as set
forth below, which are the “terms and condition” that appear on the final “confirmation” screen.
Dr. Lambert would have access to Exhibits “B,” “C,” “D” and “E,” because the “confirmation”
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DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTION1
screen would enable her to have access if she clicked on the link to the terms and conditions.
20. The ALIGN Pricing Terms and Conditions are set forth below marked Exhibits “B,”
“C,” “D” and “E,” and incorporated herein by reference, which are accessible by clicking on the
link when each order is confirmed, as follows:
Gent “B” - ALIGN Technology Pricing Terms and Conditions (“Terms”) for
Effective as of July 1, 201
Exhibit “C” - ALIGN Technology Pricing Terms and Conditions (“Terms”) for
USA Effective as of February 27, 2017
Exhibit “D” - ALIGN Technology Pricing Terms and Conditions (“Terms”) for
USA Effective as of April 1, 2017
Exhibit “E” - ALIGN Technology Pricing Terms and Conditions (“Terms”) for
USA Effective as of April 1, 2017
21. Each of these “Terms and Conditions” marked Exhibits “B,” “C,” “D” and “E,”
provides for a California forum selection clause on page two (2) as follows:
“Law. Customer and Align agree that all contracts between the parties, and any
dispute or claim arising out of or in connection with any such contract or its subject matter
or formation (including non-contractual disputes or claims) shall be governed by and
construed in accordance with the laws of the state of California USA.
Jurisdiction. Customer and Align agree that the courts of the state of California
shall have exclusive jurisdiction over any dispute or claim arising out of or in connection
with these Terms and any contract or their or its subject matter or formation (Dispute),
save that in either case and if local law permits, Align shall have the right to seize the
jurisdiction of the country or any of the countries in which the Customer and/ or does
usiness to resolve a Dispute.”
This forum selection clause is part and parcel of all of ALIGN’s terms and conditions with the
dentists. Dr. Lambert has access to this information because the terms and conditions appear on
the confirmation page for each order.
22. When Dr. Lambert places an order with ALIGN, she places the order through
ALIGN’s website. Every time she places the order she has to “click” the confirm button. See
Exhibit “F,” a “screen shot” of the ALIGN site which is attached hereto and incorporated herein
by reference. In the ALIGN ordering process she has to click on the “confirm” button, in which
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DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE.
DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoe IU DAH FY ND
she is told that the transaction is subject to ALIGN’s terms and conditions.
23. Prior to the filing of this action, members of Declarant’s staff have been in contact
with Dr. Lambert for purpose of requesting that she pay the outstanding indebtedness, but without
success. Declarant therefore directed that the matter go to outside counsel for the purpose of filing
suit.
24. This is the process in ordering products from ALIGN:
1. Create the patient profile: name, age, and contact information.
2. About 5 steps to select if they are going to submit impressions or a digital
scan, upload x-rays and pictures,
3. About 10 steps to fill out the prescription form, | or 2 arches, patient’s
issue, description of the treatment, etc.
4. Between 7 and 10 business days later, Align Technology will notify via
e-mail about the ClinCheck issue for the patient in the Dr’s account. In this case the
notifications were sent to ddspedony@gmail.com. At this point the doctor has 2 options,
submit modifications or approve the ClinCheck.
5. Once the ClinCheck is approved by the doctor, the set of clear aligners will
be shipped out.
25. To dispel any claim that Dr. Lambert is detached or ignorant of the affairs of her
dental practice, Dr. Lambert was a constant and active “emailer” with ALIGN in which she raised
many issues over the billing of ALIGN products, and in which Dr. Lambert voiced multiple
meritless objections. A copy of the email thread is attached hereto marked Exhibit “G” and
incorporated herein by reference. Dr. Lambert states in her email of July 10, 2018, in which the
email is directed to Marco Padilla Naranjo as follows:
Se nh eco 1
CE gt ca>
10
assesses esses esses se ssn a
DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONCe: Gregg Arenson
2 Marco,
3 It appears we need to speak with your senior to get this account handled properly.
4 Tt appears you are incapable of handling our account.
5 We are being ignored which is unprofessional on Invisalign’s behalf.
6 You are losing our account as a result of this.
7 We have already shipped 15 cases to a competitor of yours. We have ceased all business
8 with invisalign until this account is fixed.
We have informed you of the account mistakes over and over, and yet you still have not
9 fixed them.
10 We will release full payment once you have fixed our account. We have been saying this
for months,
2 ponenew our office authorized a small payment a couple weeks back, and we should not
ave.
13 We are standing firm that no more payments will be made until our account is fixed
because we have lost all confidence in Invisalign.
14
This email implies that we have not spoken with anyone regarding the accounting issues,
1S and the fact is we have spoken with Cameron and Andrew already.
16 Again, we have been talking with your accounting department for months, and we are
being pushed around and ignored it seems.
17
Again, we will not release payment until you fix our account.
18
9 DATA:
1
We have spoken with Cameron, who assured us she would take care of the account.
20 Then we spoke with Andrew who assured us of the same.
No one is calling us back.
21 No one is fixing our account.
We were told these account updates were being taken care of, and looks like nothing has
22 really been done.
Your email disregards our previous conversations.
23
FIX OUR ACCOUNT AS STATED BELOW:
24 A: We are returning these cases and we want a full refund:
1. Green
25 2. Fetekee ae
3. Rete ek
26
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27
DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
28 | DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTION1 4. jeeeeee
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4 B: We never got the staff discount for A ****** in 2014.
5 C: We have all these small charges on our account that we did not approve:
1, K¥##** $38.11
6 2, CH#HRSI8 LL
3. Keeeeee® 38.11
7 4, JRRHHEE 70,77
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9 8. K*#****27.22.
9, M***ee** 38,11
10
Sincerely,
IL
Rachel
12
LAMBERT + Co.
13 (212) 240-4040
14 THIS ELECTRONIC MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL
AND IS INTENDED ONLY FOR THE REVIEW OF THE PARTY TO WHOM IT IS
15 ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR,
PLEASE IMMEDIATELY NOTIFY THE SENDER AND THEN DELETE IT. IF YOU
16 ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT KEEP, USE, DISCLOSE,
7 COPY, OR DISTRIBUTE ANY OF THE CONTAINED INFORMATION.”
8 26. Dr. Lambert has completed her training with ALIGN, as indicated by the following:
1
lL, Certificate of Completion - Invisalign University Trainin,
19 2. Certificate of Completion - Removable Orthodontic Appliances, dated
September 12, 2014
20 3. Certificate of Completion - Elevate! With Dr. Payam Ataii, April 7, 2016
4, Certificate of Completion - Comprehensive Care with Invisalign, dated July
21 24, 2014
» 5. Son of Completion - Removable Orthodontic Appliances, dated April
, 2013
6. Certificate of Completion - Removable Orthodontic Appliances, dated
23 September 19, 2018
7. Certificate of Completion - Digging Deeper into Clincheck Setup, dated
24 June 12, 2014 .
8. Certificate of Completion - Successful Strategies for IPR, Managing
25 Occlusion, and Increasing Patient Acceptance
26
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DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONCc oOo INAH WN
True and correct copies are attached hereto marked Exhibit “H,” “I,” “J,” “K,” “L,”
“M,” “N,” and “O” and incorporated herein by reference.
27. Declarant handles matters all throughout Canada and the United States, which include
collection matters, resolving disputes, acting as a liaison, and managing the collection department.
Given the international portfolio of Declarant, Declarant is therefore aware of the fact that
collection matters and/or other disputes may become the subject of litigation. Declarant therefore
is familiar with the fact that ALIGN insisted on a forum selection clause in which all legal matters
would be resolved in the state of California.
28. Declarant is familiar with and knowledgeable of ALIGN and the method and manner
in which it conducts business. The headquarters of ALIGN includes senior management,
management, the legal department, and other core functions of ALIGN. ALIGN maintains its
headquarters in the state of California, i.e. Santa Clara. ALIGN conducts worldwide business,
including sales throughout the entire United States. ALIGN is entitled to impose not only a
uniformed body of law in interpretation of its terms and conditions, but is entitled to select a
forum and body of law which provides for uniform, well understood, and a well known procedure.
ALIGN can select a forum to avoid piece meal litigation, or litigation in distant forums, or even
off shore. ALIGN likewise can select a forum where its executives work and have access to its
legal department, who in turn would provide legal advice based upon a known and well
understood body of law, i.e., the laws under the state of California. The headquarters of ALIGN,
located in San Jose, California is the “nerve center” in which the executives and legal department
maintain offices, along with other offices of the legal department on a worldwide basis.
29. ALIGN sells on a national and worldwide basis. ALIGN has incorporated a forum
selection clause to insure that all legal matters would be resolved through the California courts,
which would ensure on behalf of ALIGN, uniformity and reasonable certainty of results, Without
a forum selection clause and a California choice of law, and in light of ALIGN’s worldwide basis,
13
DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONwo ont AH FWD
ALIGN would bear the risk of litigation in multiple forums, based upon multiple choices of law,
and wherein ALIGN would be forced to retain independent counsel on a worldwide basis. The
forum selection clause enables ALIGN to manage its risks as a seller on a worldwide basis, and
manage its legal and business affairs with a great amount of certainty, i.e. the body of law and the
process and procedures of the California courts. The forum selection clause has been
longstanding, and based among other grounds, that ALIGN’s headquarters are located at 2820
Orchard Parkway, San Jose, California 95134.
30. Align has the right to select a forum which would enable Align to insure that all legal
matters are uniformly adjudicated, that the Align could reliably predict the outcome of all
litigation, draft contracts with great certainty that supports the settled expectation of the parties,
and that the senior management and law department are located in California can make decision
based on a known body of law.
31. Declarant is the “key person” within ALIGN who makes decisions regarding
collection and related matters. Declarant’s expectation is that should a matter remain unresolved,
that the parties would seek redress in the courts of the state of California, and therefore, that the
result, one way or another, would be in the settled expectations of Declarant and other members of
ALIGN’s middle and senior management teams.
32. Declarant has personal and firsthand knowledge of the matters as set forth above, and
if called as a witness could competently testify thereto. Declarant is the Senior Manager of the
department, as set forth above, and as part of his daily activities, aids and assists in the
management of ALIGN’s relationship with the dentists. Declarant has invested substantial time in
becoming familiar with this account, including but not limited to discussing this matter with
members of the collections department and other members of ALIGN.
I declare under penalty of perjury under the laws of the State of California that the above is
true and correct. Executed on October 2. , 2018 at\\\y
Case a
DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoo DY DAH F&F WN
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DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE
28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONEXHIBITS “A-1" T. “A-51"3¢ invisalign: Align Technology, Inc @
Invoice
Ship To: Dr. Nicole Lambert
20 Warren Street Tax Registration #:
New York NY 10007-0028 Invoice #: 9001388570
invoice Date: 11/25/2016
Due Date: 01/24/2017
Customer #: 397513
Shipment Date: 19/25/2016
Payment Terms: Net due in 60 days
Payer Tax #:
Bill To: —_Dr. Nicole Lambert Foo ite
20 Warren Street
New York NY 10007-0028
Additional Info: 397513 - Lambert Nicole
All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment
due is inclusive of all discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respectively.
"Remittance Slip
Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover.
‘You can make online payment by using the following URL: Npstiparmente ivlalign com
For questions you can contact us direcily at 888 897 5261
Check: Align Technology, In
P.O. Box 742531 Los Aro6i85, CA 80074-2531
2820 Orchard Parkway San Jose CA 95134 US. A-001we invisalign’ Align Technology, Inc @
Invoice
Ship To: Dr. Nicole Lambert
20 Warren Street Tax Registration #:
New York NY 10007-0028 Invoice #: 9001388592
Invoice Date: 11/28/2016
Due Date: 01/24/2017
Customer #: 397513
Shipment Date: 19/25/2016
Payment Terms: Net due in 60 days
Payer Tax #:
Bill To: Dr. Nicole Lambert Page # “
20 Warren Street
New York NY 10007-0028
Additional Info: 397513 - Lambert Nicole
All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment
due is inclusive of all discounts. Aligners and ITero scanners are manufactured in Mexico and Israel respectively.
Remittance Slip
Invoice #: 9001388592 Invoice Amount: 1,9
‘Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover.
You can make online payment by using the folt URL: htips:/payments. invisalign.com:
For questions you can contact us directly at 886 897 5261
Check: Ali Pee ee Inc,
P.O. Box 742531 Los oeles, CA 90074-2531
2820 Orchard Parkway San Jose CA 95134 US. A-002se invisalign Align Technology, Inc @
Invoice
Ship To: eon Tax Registration #:
New York NY 10007-0028 Invoice #: 9001398246
Invoice Date: 11/26/2016
Due Date: 01/25/2017
Customer #: 397513
Shipment Date: 11/26/2016
Payment Terms: —_Net due in 60 days
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Bill To: Dr. Nicole Lambert Page #: —
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Remittance Slip
Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover.
‘You can make online payment by using the following URL: htips:/payments.Invisalign.com
For questions you can contact us direclly at 888 897 5261
Check: Align Technology, Inc.
P.O. Box 742531 Los Angeles, CA 90074-2531
2820 Orchard Parkway San Jose CA 95134 US A-003He invisalign: Align Technology, Inc @
Invoice
Ship To: Ween Tax Registration #:
New York NY 10007-0028 Invoice #: 9001398255
Invoice Date: 11/26/2016
Due Date: 01/26/2017
Customer #: 397513
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Payment Terms: Net due in 60 days
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Bill To: Or. Nicole Lambert - Page &
20 Warren Street
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Additional Info: 397513 - Lambert Nicole
All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The tota! payment
due is inclusive of all discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respectively.
Remittance Slip
Invoice #: 3001398255
‘Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover.
You can make online payment by using the following URL: https/payments.invisalign.com
For questions you can contact us directly at 888 897 5261
Check: Align Technology, Inc.
P.O. Box 742531 Los Angeles, CA 90074-2531
A-004
2820 Orchard Parkway San Jose CA 95134 US.Me invisalign: Align Technology, Inc @
Invoice
Ship To: Or. Nicole Lambert
20 Warren Street Tax Registration #:
New York NY 10007-0028 Invoice #: 9001476751
Invoice Date: 12/03/2016
Due Date: 02/01/2017
Customer #: 397513
Shipment Da! 12/03/2016
Payment Terms: Net due in 60 days
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due is inclusive of all discounts. Aligners and Tero scanners are manufactured in Mexico and Israel respectively.
Remittance Slip
Invoice #:; 9001476751 invoice Amount: 1,551.47
Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover.
You can make online payment by ‘using the folowing UR URL: ‘htips:/payments.invisalign.com
For questions you can contact us directly at 888.
Check: Align Technology,
P.O, Box 742531 Los. Rocios, CA 90074-2531
2820 Orchard Parkway San Jose CA 95134 US A-005Ws eee
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Ship To: Dr. Nicole Lambert .
20 Warren Street Tax Registration #:
New York NY 10007-0028 Invoice #: 9001492476
Invoice Date: 12/06/2016
Due Date: 02/04/2017
Customer #: 397513
Shipment Date: 12/06/2016
Payment Terms: Net due In 60 days
Payer Tax #:
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due is inclusive of all discounts. Aligners and iTero scanners are manufactured In Mexico and Israel respectively.
Remittance Slip
Invoice #: 9001492476 Invoice Amount: 1,551.47
‘Online Payments: For payment by cred car, ‘we accept AMEX, Visa, MasterCard and Discover.
You can make online payment by usi following URL: htips:/ipayments.invisalign.com
For questions you can contact us dey at at 888 897 5261
Check: Align Technology, Inc.
B. 0. Box 742531 Los Angeles, CA 90074-2531
2820 Orchard Parkway San Jose CA 95134 US A-006se °
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Ship To: Or, Nicole Lambert :
20 Warren Street Tax Registration #:
New York NY 10007-0028 Invoice #: 9001510134
Invoice Date: 12/09/2016
Due Date: 02/07/2017
Customer #: 397513
Shipment Date: 12/09/2016
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Invoice #: 9001510134 woice Amot 2.45, Payment Amount:
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Check: Align Technology, Inc.
P.O. Box 742531 Los Angeles, CA 90074-2531
2820 Orchard Parkway San Jose CA 95134 US A-007Me invisalign’ Align Technology, Inc @
Invoice
Ship To: Dr. Nioole Lambert Tax Registration #:
New York NY 10007-0028 Invoice #: 9001517865
Invoice Date: 12/11/2016
Due Date: 02/09/2017
Customer #: 397513
Shipment Date: 12/11/2016
Payment Terms: Nat due in 60 days:
Payer Tax #:
Bill To: Or. Nicole Lambert a
20 Warren Street
New York NY 10007-0028
Additional Info: 397513 - Lambert Nicole
All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment
due is inclusive of all discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respecti
Remittance Slip
Invoice #: 9001517865 Invoice Amount: 1,915.11 Payment Amount:
Online Payments: For payment by credit card, we accep! AMEX, Visa, MasterCard and Discover.
You can make online payment by using the following URL: htlps://payments.invisalign.com
For questions you can contact us directly at 888 897 5261
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Shipment Date: 12/11/2016
Payment Terms: Net due in 60 days
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Additional Info: 397513 - Lambert Nicole
All products ara subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment
due Is inclusive of all discounts, Aligners and iTero scanners are manufactured in Mexico and Israel respectively.
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Invoice #: 9001517868 Invoice Amount:
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Invoice #: 9001517879 Invoice Amount: 1,551.47 Payment Amount:
‘Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discaver.
You can make online payment by using the following URL: https:/payments.invisalign.com
For questions you can contact us directly at 888 897 5261
Check: Align Technology, Inc.
P.O. Box 742531 Los Angeles, CA 90074-2531
A-011
2820 Orchard Parkway San Jose CA 95134 USMe invisalign’ Align Technology, Inc @
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Se OS ee ae Tax Registration #:
New York NY 10007-0028 Invoice #: 9001524916
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Remittance Slip
Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover.
You can make onfine payment by using the following URL: htips:/payments.invisalign.com
For questions you can contact us directly at 888 897 5261
Check: Align Technology, inc.
P.O. Box 742531 Los Angeles, CA 90074-2531
2820 Orchard Parkway San Jose CA 95134 US A-0123¢ invisalign: Align Technology, Inc @
Invoice
Ship To: o Waren eieall Tax Registration #:
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Invoice Date: 1211412016
Due Date: 02/12/2017
Customer #: 397513
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Remittance Slip
Involee #: 9001535386 Invoice Amount: 1,551.47 Payment Amount:
‘Online Payments: For payment by credit card, we accep! AMEX, Visa, MasterCard and Discover.
You can make online payment by using the following URL: https://payments invisalign.com
Fer questions you can contact us directly al 888 897 5261
‘Check: Align Technology, Inc.
P.O. Box 742531 Los CA 90074-2531
A-013
2820 Orchard Parkway San Jose CA 95134 US.3¢ invisalign’ Align Technology, Inc @
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Ship To: eee Tax Registration #:
New York NY 10007-0028 Involce #: 9001565067
Invoice Dat 12/19/2016
Due Date: 02/17/2017
Customer #: 397513
Shipment Date: 12/19/2018
Payment Terms: Net due in 60 days
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due is inclusive of all discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respectively.
Remittance Slip
Invoice #: 9001565067 Invoice Amount: 1,551.47
‘Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover.
‘You can make ontine payment by using the fo URL: htips//payments.invisalign.com
For questions you can contact us directly at 888 897 5261
‘Check: Align Technology, Inc.
P.O. Box 742531 Los Angeles, CA 90074-2531
A-014
(2820 Orchard Parkway San Jose CA 95134 USMe invisalign’ Align Technology, Inc ©
Invoice
Ship To: Or. Nicole Lambert
20 Warren Street : Tax Registration #:
New York NY 10007-0028 Invoice #: 9001690249
Invoice Date: 12/26/2016
Due Date: 02/24/2017
Customer #: 397513
Shipment Date: 12/26/2016
Payment Terms: Net due in 60 days
Payer Tax #:
BIITo: Dr. Nicole Lambert Page # =
20 Warren Street
New York NY 10007-0028
Additional Info: 397513 - Lambert Nicole
All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement, The total payment
due is inclusive of all discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respectively.
Remittance Slip
Invoice #: 9001690249 Invoice Amount: 1,551.47 Payment Amount:
Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover.
You can ake online payrent by going tne folowing URL: hips lipaymentsinviealign com
For questions you can contact us directly at 888 897 5261
Check: Align Technology, Inc.
P.O. Box 742531 Los Angeles, CA 90074-2531
2820 Orchard Parkway San Jose CA 95134 US A-015(7 oct cette 7
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Invoice
Ship To: Dr. Nicole Lambert
20 Warren Street Tax Registration #:
New York NY 10007-0028 Invoice #: 9001724875
Invoice Date: 12/31/2016
Due Date: 03/01/2017
Customer #: 397513
Shipment Date: 12/31/2016
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due is inclusive of all discounts. Aligners and [Tero scanners are manufactured in Mexico and Israel respectively.
Remittance Slip
Invoice #: 9001724875 Invoice Amount: 1,551.47 Payment Amount:
‘Online Paymonts: For payment by credit card, we accep! AMEX, Visa, Mastercard and Discover.
‘You can make online payment by using the following URL: htips://payments.invisalign.com
For questions you can contact us direcily at 888 897 5261
Check: Align Technology, Inc.
P.O. Box 742531 Los Angeles, CA 90074-2531
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Due Date: 03/04/2017
Customer #: 397513
Shipment Date: 01/03/2017
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You can make online payment by using the following URL: hitps://payments.Invisalign.com
For questions you can contact us directly at 888 897 5261
Check: Allgn Technology,
P. 0. Box 742531 Los 2 alos, CA 90074-2531
2820 Orchard Parkway San Jose CA 95134 US. A-01 7Me invisalign’ Align Technology, Inc ©
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Invoice Date: 01/03/2017
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Remittance Slip
Invoice #: 9001764355. Invoice Amount: 1,551.47
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Check: Align Technology, Inc.
P. O. Box 742531 Los Angeles, CA 90074-2531
2820 Orchard Parkway San Jose CA 95134 US A-01 83 invisalign’ Align Technology, Inc @
Invoice
Ship To: Or. Nicole Lambert
20 Warren Street Tax Registration #:
New York NY 10007-0028 Invoice #: 9001764359
Invoice Date: 01/03/2017
Due Date: 03/04/2017
Customer #: 397513
Shipment Date: 01/03/2017
Payment Terms: —_Net due in 60 days
Payer Tax #:
Bill To: Dr. Nicola Lambert Page os
20 Warren Street
New York NY 10007-0028
Additional Info: 397513 - Lambert Nicole
All products are to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The tolal payment
due is inclusive of all discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respectively.
Remittance Slip
Invoice #: 9001764359 Invo
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Coon AH &F WN DAVID J. COOK, ESQ. (State Bar # 060859) COOK COLLECTION ATTORNEYS A PROFESSIONAL LAW CORPORATION 165 Fell Street, San Francisco, CA 94102 P.O. Box 270, San Francisco, CA 94104-0270 ELECTRONICALLY FILED Superior Court of California, County of San Francisco Telephone: (415) 989-4730 Facsimile: (415) 989-0491 Email: Cook@SqueezeBloodFromTurnip.com 9 File No. 57,6 Attorneys for Plaintiff ALIGN TECHNOLOGY, INC. 10/24/2018 Clerk of the Court BY: EDNALEEN ALEGRE Deputy Clerk SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION ALIGN TECHNOLOGY, INC.,, a corporation, Plaintiff, vs. NICOLE LAMBERT, an individual, AND DOES I THROUGH X, AND EACH OF THEM, INCLUSIVE, Defendant. ) CASE NO, CGC-17-561692 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTION Hearing Reservation No. #07260820-02 Date: November 7, 2018 Time: 9:00 a.m. Dept. 302 - Discovery Judge: Harold E. Kahn I, KENT ALLEYNE HENRY, hereby declare and state as follows: 1, Declarant is an employee of ALIGN TECHNOLOGY, INC., hereinafter “ALIGN” from and after March 2018, and has the following job title of Collection Manager, Finance. ALIGN is the leading provider of “Invisalign” products which are provided to dentists as part of their orthodontic practice. 2. Declarant was employed by the Sociedad de Seguros de Vida Del Magisterio as the 1 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoem a DAH FY HD 27 Branch Manager from January 2003 to November 2006. From November 2006 to May 2011, Declarant was employed with Innovative Data Solutions, in the Financial Security Department as the Head of Recovery and Collections. From January 2012 to October 2015, Declarant was employed with Thomson Reuters in the Finance Department as the Credit and Collections Manager. From October 2015 to March 2018, Declarant was employed with Cargill Business Services as the OTSC Head of Collections for North America. Declarant therefore has had fifteen (15) years experience in credit and collections, accounts receivable management, accounts receivable accounting matters, customer liaison in dealing with matters relating to credit and collections. Declarant has a working knowledge of accounting matters relating to accounts receivable and collections. 3. Declarant has been employed with ALIGN since March of 2018. Declarant spent four (4) months training with Alberto Chaves, who previously held this position: Declarant had “hands on” training and became familiar with all facets of collections, credit, and related areas in which Declarant would become familiar with and necessarily would require the knowledge and expertise in these areas. 4, Declarant’s specific duties at ALIGN are the following: A. Supervision over the collection department on behalf of ALIGN for the Americas Business, which would include the United States, Canada, etc. B. Supervision and management of protocol, processing, and maintenance of the collection department, which would include supervising the management of individual files, and the work up, collection communications, payment programs, and claim adjustments on behalf of the members of the collection department. Cc. Liaison with other managers within ALIGN, liaison with senior management, the issuance of reports, and other dissemination of information within ALIGN itself. D. Direct liaison with outside collectors, collection agencies, attorneys, and third 2 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE 28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoe IN DAH FF BD parties who represent the interest of ALIGN. E. Direct familiarization with the practices and procedures of ALIGN, knowledge of, and understanding of the ALIGN terms and conditions, including forum selection clauses, direct familiarization with the accounting practices of ALIGN, sales procedures, and other activities on behalf of ALIGN, including the production of materials at the requests of the dentists. F. Direct familiarity with the general body of civil law, bankruptcy, collection law, HIPPA, and other legal matters upon which ALIGN bases its collection protocol. While Declarant is not an attorney, Declarant has a working knowledge of the legal procedures. 5. As part of Declarant’s duties and responsibilities, Declarant is personally familiar with the Dr. Lambert account, including the fact that she has purchased ALIGN products but has not made payment thereof. The current balance is $48,256.74. Declarant has read and reviewed the relevant ALIGN terms and conditions, reviewed the relevant invoices which are unpaid, supervised the ordering up of the supporting documentation, including the electronic communications between Dr. Lambert and ALIGN which supported each order, confirmed that Dr. Lambert used her password in order to place an order with ALIGN, and furthermore confirmed that in fact Dr. Lambert’s password was used to place all of the orders, and nobody else, 6. Declarant likewise became familiar with the fact that only a dentist with an ALIGN username and password could order ALIGN products, The dentist would facilitate this order through a scanner in their offices which ALIGN would provide, and would have to input their username and password. 7, Each individual dentist who is entitled to order from ALIGN has their own ALIGN issued username and password. The presumption is that the dentist with the username and the password would be the person who is ordering products from ALIGN. Under HIPPA, it would be 3 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONinconsistent with the practices therein that a dentist would hand over their username and 2) password, which would entitle a third person to have access to protected information, and to make 3} an order through the ALIGN scanner. The presumption therefore is that all orders have been 4|| made by the dentist who holds a username and password in their own name. 5 8. To avoid any uncertainty, the core facts of the relationship between ALIGN and Dr. 6 |] Lambert are the following: 7 Date that Dr. Lambert started placing orders: : July 19, 2013. Person with sole access to Align Scanner (to order): Dr. 8 Lambert 9 Who held the password to the Align Scanner: Dr. Lambert. Total Patients on the Account: 112 10 Total Orders ( Invisalign products, supplies and advertising products): 1,123 Total dollar value of billings (paid and unpaid): $85,749.00 11 Unpaid balance: $48,256.74 Purchase price of scanner before taxes: $28,999.00 12 Number of unpaid invoices 51 Number of paid invoices 191 13 Method of payment American Express credit 14 card Name on Credit Card NICOLE 15 LAMBERT 16 9. Declarant also seeks to respond to some of the statements that Dr. Lambert made at her 17 deposition, and does so by way of a response, as follows: 18 Q. “Have you ever personally yourself ordered ALIGN products through their online 19 site?” , 20 Declarant’s Response: Dr. Lambert personally held the user and password code for the 21 account and was the Align customer of record. Align’s records show 242 paid and unpaid 22 orders. Each ALIGN dentist needs a password to enable the scanner. 23 Qa “Have you ever used your ALIGN password to order ALIGN products?” 24 Declarant’s Response: Dr. :Lambert could access her account by logging into the Align 25 account under her user name and password. 26 4 27 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE 28 | DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONQ. “Do you know whether or not the dentist who worked for you have ordered ALIGN 2 products?” 3 Declarant’s Response: Dr. Lambert was the sole dentist at her practice who held a user 4 name and password. 5 Q. “Have you ever provided ALIGN TECHNOLOGY products to your patients?” 6 Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align 7 aligners, retainers and related products for Dr, Lambert. 8 Q. “Have you provided ALIGN TECHNOLOGY orthodontic products?” 9 Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align 10 aligners, retainers and related products for Dr. Lambert. 11 Qa. “Has Lambert Dentistry, be it run by you, or Lambert & Co., ever ordered, at 12 anytime from ALIGN TECHNOLOGY, ALIGN TECHNOLOGY products, being 13 the Aligners, Retainers, and all other materials?” 14 Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align 15 aligners, retainers and related products for Dr. Lambert. 16 Q. “Can you tell me at anytime whether or not you, as a dentist, ever ordered directly 17 or indirectly, ALIGN TECHNOLOGY products?” 18 Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align 19 aligners, retainers and related products for Dr. Lambert. 20 Q. “Do you have a recollection of ever receiving from ALIGN, the invoices in Exhibit 21 8?” 22 Declarant’s Response: Dr. Lambert’s email indicates that she received the bills. 23 Q. — “Do you have a password with ALIGN?” / 24 Declarant’s Response: Dr. Lambert was the sole dentist at her dental practice who held 25 an ALIGN issued username and password. 26 5 27 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE, 28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTION27 Q. “Why does it say, | acknowledge my company’s debt to ALIGN. What is that debt for?” Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align aligners, retainers and related products for Dr. Lambert. a “Have you, yourself, personally ever administered ALIGN TECHNOLOGY products, being Retainers, and Aligners, yourself, at any time?” Declarant’s Response: Align has logged a total of 242 paid and unpaid orders for Align aligners, retainers and related products for Dr. Lambert. 10, Declarant is familiar with most facets of its business, including the method and manner of contracting with dentists. Declarant regularly participates with other managers and executives of ALIGN in discussions of the contractual dealings with the dentist and has been informed of, and remains informed, of the terms and conditions of the sales of the ALIGN product line to the dentists. 11, Declarant is familiar with all facets of ALIGN including the method and manner of how dentists place an order with ALIGN, the methodology of contracting, the terms of the sale arrangement, and generally the relationship between the dentists and ALIGN. 12. Declarant and/or members of the Declarant’s department have direct contact with the dentists in an attempt to resolve differences, discuss the accounts, and resolve disputes if possible. 13. The general procedure in ordering ftom ALIGN is that a dentist who has qualified to order Aligners and retainers from ALIGN, hereinafter collectively “Qualified Dentists,” will undertake the following procedure: 1. Customer access to ALIGN web page, www.align.com, by using their username and password. This is called the “Log in.” 2. The next step is that the Qualified Dentist clicks on the add new patient option. 6 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE 28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTION3. The Qualified Dentist enters the patient records, patient data, clinical conditions, portraits, x-rays, scans, etc. 4, After entering all of this information, the Qualified Dentist will have to click on the “confirm” button, where at the same time he or she is accepting the terms and conditions on the screen that says “confirm” order. 5. The Qualified Dentist cannot place an order until he or she clicks on the “confirm” button. The language which is on the top of the screen is the following: Terms and Conditions By clicking Confirm you are accepting this treatment plan, and confirming that Align Technology, Inc. can begin manufacturing process for customer aligners or retainers for this patient. By accepting, you also agree to pay all applicable fees, and this amount non-refundable. Please refer to Pricing, Terms and Conditions for Invisalign, and the Arts & Advertising Standard Guide for Invisalign products which govern this transaction. [Emphasis added.] : CONFIRM 14. Declarant personally cycled through the process as set forth above of a Qualified Dentist going through the order process. Declarant did this to make sure that when a Qualified Dentist sought to place an order that upon clicking on the “confirm” button, that the terms and conditions are incorporated into the sale. 15. Dr. NICOLE LAMBERT, hereinafter “Dr, Lambert,” is a customer of ALIGN. For her to order from ALIGN she had to go through a training process in order to become a Qualified Dentist in the administration of the Aligners and retainers on behalf of her patients. Dr. Lambert had a username and a password. Dr. Lambert has been a customer of ALIGN since February 19, 2013. For Dr. Lambert to become a customer she had to go through a training process. 16. The subject matter of this action are 51 separate invoices, True and correct copies of the invoices are attached hereto marked Exhibits “A-1" through “A-51.” Declarant is personally 7 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoC oOo YN AW Fw DN familiar with these invoices, and directed that they be forwarded to outside counsel to support a lawsuit against Dr. Lambert for nonpayment in the sum of $48,256.74. The copies which are attached marked Exhibits “A-1" through “A-51" are copies of the originals, i.e., copies of the electronic copies which are kept and maintained by ALIGNING. Declarant personally confirmed that these are the invoices accrued by Dr. Lambert. 17. By the fact that there are 51 unpaid invoices, means that Dr. Lambert had to personally hit the “confirm” button on her screen to order the ALIGN Aligners and retainers, which are generally described in Exhibits “A-1" through “A-51.” The “confirm” button is on the lower right hand of the screen. The “confirm” button is in blue color, and is readily visible. The dentist has the ability to “cancel” the order. 18, This means that Dr. Lambert was advised that each transaction, i.e., each invoice, was governed by the terms and conditions of ALIGN at the time. Dr. Lambert could click on the “Pricing, Terms and Conditions” which would be a direct link to the ALIGN Pricing, Terms and Conditions. Therefore, with nothing more than hitting the “link” she could have read the ALIGN “Pricing, Terms and Conditions.” 19, From and after February 19, 2013, Dr. Lambert placed a total of 242 orders. She paid for 108 of these orders. She has not paid for 51 of the orders. This means that she hit the “confirm” button in placing these 242 orders. Dr. Lambert was the sole owner and holder of the account with ALIGN, i.e., her ALIGN issued username and personal password and therefore the sole person to have ordered the Aligners and Retainers from ALIGN. She ordered Aligners and retainers from ALIGN 242 times, in which each of these orders stated that the ALIGN “terms and conditions” would govern the transaction. In Declarant’s position, Declarant is familiar with all of the terms and conditions relevant to this case, including Exhibits “B,” “C,” “D” and “E,” as set forth below, which are the “terms and condition” that appear on the final “confirmation” screen. Dr. Lambert would have access to Exhibits “B,” “C,” “D” and “E,” because the “confirmation” 8 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTION1 screen would enable her to have access if she clicked on the link to the terms and conditions. 20. The ALIGN Pricing Terms and Conditions are set forth below marked Exhibits “B,” “C,” “D” and “E,” and incorporated herein by reference, which are accessible by clicking on the link when each order is confirmed, as follows: Gent “B” - ALIGN Technology Pricing Terms and Conditions (“Terms”) for Effective as of July 1, 201 Exhibit “C” - ALIGN Technology Pricing Terms and Conditions (“Terms”) for USA Effective as of February 27, 2017 Exhibit “D” - ALIGN Technology Pricing Terms and Conditions (“Terms”) for USA Effective as of April 1, 2017 Exhibit “E” - ALIGN Technology Pricing Terms and Conditions (“Terms”) for USA Effective as of April 1, 2017 21. Each of these “Terms and Conditions” marked Exhibits “B,” “C,” “D” and “E,” provides for a California forum selection clause on page two (2) as follows: “Law. Customer and Align agree that all contracts between the parties, and any dispute or claim arising out of or in connection with any such contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of California USA. Jurisdiction. Customer and Align agree that the courts of the state of California shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms and any contract or their or its subject matter or formation (Dispute), save that in either case and if local law permits, Align shall have the right to seize the jurisdiction of the country or any of the countries in which the Customer and/ or does usiness to resolve a Dispute.” This forum selection clause is part and parcel of all of ALIGN’s terms and conditions with the dentists. Dr. Lambert has access to this information because the terms and conditions appear on the confirmation page for each order. 22. When Dr. Lambert places an order with ALIGN, she places the order through ALIGN’s website. Every time she places the order she has to “click” the confirm button. See Exhibit “F,” a “screen shot” of the ALIGN site which is attached hereto and incorporated herein by reference. In the ALIGN ordering process she has to click on the “confirm” button, in which 9 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE. DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoe IU DAH FY ND she is told that the transaction is subject to ALIGN’s terms and conditions. 23. Prior to the filing of this action, members of Declarant’s staff have been in contact with Dr. Lambert for purpose of requesting that she pay the outstanding indebtedness, but without success. Declarant therefore directed that the matter go to outside counsel for the purpose of filing suit. 24. This is the process in ordering products from ALIGN: 1. Create the patient profile: name, age, and contact information. 2. About 5 steps to select if they are going to submit impressions or a digital scan, upload x-rays and pictures, 3. About 10 steps to fill out the prescription form, | or 2 arches, patient’s issue, description of the treatment, etc. 4. Between 7 and 10 business days later, Align Technology will notify via e-mail about the ClinCheck issue for the patient in the Dr’s account. In this case the notifications were sent to ddspedony@gmail.com. At this point the doctor has 2 options, submit modifications or approve the ClinCheck. 5. Once the ClinCheck is approved by the doctor, the set of clear aligners will be shipped out. 25. To dispel any claim that Dr. Lambert is detached or ignorant of the affairs of her dental practice, Dr. Lambert was a constant and active “emailer” with ALIGN in which she raised many issues over the billing of ALIGN products, and in which Dr. Lambert voiced multiple meritless objections. A copy of the email thread is attached hereto marked Exhibit “G” and incorporated herein by reference. Dr. Lambert states in her email of July 10, 2018, in which the email is directed to Marco Padilla Naranjo as follows: Se nh eco 1 CE gt ca> 10 assesses esses esses se ssn a DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONCe: Gregg Arenson 2 Marco, 3 It appears we need to speak with your senior to get this account handled properly. 4 Tt appears you are incapable of handling our account. 5 We are being ignored which is unprofessional on Invisalign’s behalf. 6 You are losing our account as a result of this. 7 We have already shipped 15 cases to a competitor of yours. We have ceased all business 8 with invisalign until this account is fixed. We have informed you of the account mistakes over and over, and yet you still have not 9 fixed them. 10 We will release full payment once you have fixed our account. We have been saying this for months, 2 ponenew our office authorized a small payment a couple weeks back, and we should not ave. 13 We are standing firm that no more payments will be made until our account is fixed because we have lost all confidence in Invisalign. 14 This email implies that we have not spoken with anyone regarding the accounting issues, 1S and the fact is we have spoken with Cameron and Andrew already. 16 Again, we have been talking with your accounting department for months, and we are being pushed around and ignored it seems. 17 Again, we will not release payment until you fix our account. 18 9 DATA: 1 We have spoken with Cameron, who assured us she would take care of the account. 20 Then we spoke with Andrew who assured us of the same. No one is calling us back. 21 No one is fixing our account. We were told these account updates were being taken care of, and looks like nothing has 22 really been done. Your email disregards our previous conversations. 23 FIX OUR ACCOUNT AS STATED BELOW: 24 A: We are returning these cases and we want a full refund: 1. Green 25 2. Fetekee ae 3. Rete ek 26 ll 27 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE 28 | DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTION1 4. jeeeeee 5. YVeeR REE RE 2 6. Keneee 7 Ntee eke 3 8. As Ree 4 B: We never got the staff discount for A ****** in 2014. 5 C: We have all these small charges on our account that we did not approve: 1, K¥##** $38.11 6 2, CH#HRSI8 LL 3. Keeeeee® 38.11 7 4, JRRHHEE 70,77 5, S¥#*** 70,77 8 6, BX#####2 7,22 7, Jateee438, | | 9 8. K*#****27.22. 9, M***ee** 38,11 10 Sincerely, IL Rachel 12 LAMBERT + Co. 13 (212) 240-4040 14 THIS ELECTRONIC MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL AND IS INTENDED ONLY FOR THE REVIEW OF THE PARTY TO WHOM IT IS 15 ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER AND THEN DELETE IT. IF YOU 16 ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT KEEP, USE, DISCLOSE, 7 COPY, OR DISTRIBUTE ANY OF THE CONTAINED INFORMATION.” 8 26. Dr. Lambert has completed her training with ALIGN, as indicated by the following: 1 lL, Certificate of Completion - Invisalign University Trainin, 19 2. Certificate of Completion - Removable Orthodontic Appliances, dated September 12, 2014 20 3. Certificate of Completion - Elevate! With Dr. Payam Ataii, April 7, 2016 4, Certificate of Completion - Comprehensive Care with Invisalign, dated July 21 24, 2014 » 5. Son of Completion - Removable Orthodontic Appliances, dated April , 2013 6. Certificate of Completion - Removable Orthodontic Appliances, dated 23 September 19, 2018 7. Certificate of Completion - Digging Deeper into Clincheck Setup, dated 24 June 12, 2014 . 8. Certificate of Completion - Successful Strategies for IPR, Managing 25 Occlusion, and Increasing Patient Acceptance 26 12 27 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE 28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONCc oOo INAH WN True and correct copies are attached hereto marked Exhibit “H,” “I,” “J,” “K,” “L,” “M,” “N,” and “O” and incorporated herein by reference. 27. Declarant handles matters all throughout Canada and the United States, which include collection matters, resolving disputes, acting as a liaison, and managing the collection department. Given the international portfolio of Declarant, Declarant is therefore aware of the fact that collection matters and/or other disputes may become the subject of litigation. Declarant therefore is familiar with the fact that ALIGN insisted on a forum selection clause in which all legal matters would be resolved in the state of California. 28. Declarant is familiar with and knowledgeable of ALIGN and the method and manner in which it conducts business. The headquarters of ALIGN includes senior management, management, the legal department, and other core functions of ALIGN. ALIGN maintains its headquarters in the state of California, i.e. Santa Clara. ALIGN conducts worldwide business, including sales throughout the entire United States. ALIGN is entitled to impose not only a uniformed body of law in interpretation of its terms and conditions, but is entitled to select a forum and body of law which provides for uniform, well understood, and a well known procedure. ALIGN can select a forum to avoid piece meal litigation, or litigation in distant forums, or even off shore. ALIGN likewise can select a forum where its executives work and have access to its legal department, who in turn would provide legal advice based upon a known and well understood body of law, i.e., the laws under the state of California. The headquarters of ALIGN, located in San Jose, California is the “nerve center” in which the executives and legal department maintain offices, along with other offices of the legal department on a worldwide basis. 29. ALIGN sells on a national and worldwide basis. ALIGN has incorporated a forum selection clause to insure that all legal matters would be resolved through the California courts, which would ensure on behalf of ALIGN, uniformity and reasonable certainty of results, Without a forum selection clause and a California choice of law, and in light of ALIGN’s worldwide basis, 13 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONwo ont AH FWD ALIGN would bear the risk of litigation in multiple forums, based upon multiple choices of law, and wherein ALIGN would be forced to retain independent counsel on a worldwide basis. The forum selection clause enables ALIGN to manage its risks as a seller on a worldwide basis, and manage its legal and business affairs with a great amount of certainty, i.e. the body of law and the process and procedures of the California courts. The forum selection clause has been longstanding, and based among other grounds, that ALIGN’s headquarters are located at 2820 Orchard Parkway, San Jose, California 95134. 30. Align has the right to select a forum which would enable Align to insure that all legal matters are uniformly adjudicated, that the Align could reliably predict the outcome of all litigation, draft contracts with great certainty that supports the settled expectation of the parties, and that the senior management and law department are located in California can make decision based on a known body of law. 31. Declarant is the “key person” within ALIGN who makes decisions regarding collection and related matters. Declarant’s expectation is that should a matter remain unresolved, that the parties would seek redress in the courts of the state of California, and therefore, that the result, one way or another, would be in the settled expectations of Declarant and other members of ALIGN’s middle and senior management teams. 32. Declarant has personal and firsthand knowledge of the matters as set forth above, and if called as a witness could competently testify thereto. Declarant is the Senior Manager of the department, as set forth above, and as part of his daily activities, aids and assists in the management of ALIGN’s relationship with the dentists. Declarant has invested substantial time in becoming familiar with this account, including but not limited to discussing this matter with members of the collections department and other members of ALIGN. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on October 2. , 2018 at\\\y Case a DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONoo DY DAH F&F WN 10 27 DECLARATION OF KENT ALLEYNE HENRY IN SUPPORT OF IN OPPOSITION TO MOTION TO VACATE 28 || DEFAULT JUDGMENT AND DISMISS ACTION FOR LACK OF PERSONAL JURISDICTIONEXHIBITS “A-1" T. “A-51"3¢ invisalign: Align Technology, Inc @ Invoice Ship To: Dr. Nicole Lambert 20 Warren Street Tax Registration #: New York NY 10007-0028 Invoice #: 9001388570 invoice Date: 11/25/2016 Due Date: 01/24/2017 Customer #: 397513 Shipment Date: 19/25/2016 Payment Terms: Net due in 60 days Payer Tax #: Bill To: —_Dr. Nicole Lambert Foo ite 20 Warren Street New York NY 10007-0028 Additional Info: 397513 - Lambert Nicole All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment due is inclusive of all discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respectively. "Remittance Slip Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover. ‘You can make online payment by using the following URL: Npstiparmente ivlalign com For questions you can contact us direcily at 888 897 5261 Check: Align Technology, In P.O. Box 742531 Los Aro6i85, CA 80074-2531 2820 Orchard Parkway San Jose CA 95134 US. A-001we invisalign’ Align Technology, Inc @ Invoice Ship To: Dr. Nicole Lambert 20 Warren Street Tax Registration #: New York NY 10007-0028 Invoice #: 9001388592 Invoice Date: 11/28/2016 Due Date: 01/24/2017 Customer #: 397513 Shipment Date: 19/25/2016 Payment Terms: Net due in 60 days Payer Tax #: Bill To: Dr. Nicole Lambert Page # “ 20 Warren Street New York NY 10007-0028 Additional Info: 397513 - Lambert Nicole All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment due is inclusive of all discounts. Aligners and ITero scanners are manufactured in Mexico and Israel respectively. Remittance Slip Invoice #: 9001388592 Invoice Amount: 1,9 ‘Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover. You can make online payment by using the folt URL: htips:/payments. invisalign.com: For questions you can contact us directly at 886 897 5261 Check: Ali Pee ee Inc, P.O. Box 742531 Los oeles, CA 90074-2531 2820 Orchard Parkway San Jose CA 95134 US. A-002se invisalign Align Technology, Inc @ Invoice Ship To: eon Tax Registration #: New York NY 10007-0028 Invoice #: 9001398246 Invoice Date: 11/26/2016 Due Date: 01/25/2017 Customer #: 397513 Shipment Date: 11/26/2016 Payment Terms: —_Net due in 60 days Payer Tax #: Bill To: Dr. Nicole Lambert Page #: — 20 Warren Street New York NY 10007-0028 Additional Info: 397513 - Lambert Nicole weit | Soeteen seem | cy | Yarra, | oners[ ont fot esta 087378 Sub Total 1,425. [1425.0 | GSTIVATITAX. All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment due is inclusive of ail discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respectively. Remittance Slip Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover. ‘You can make online payment by using the following URL: htips:/payments.Invisalign.com For questions you can contact us direclly at 888 897 5261 Check: Align Technology, Inc. P.O. Box 742531 Los Angeles, CA 90074-2531 2820 Orchard Parkway San Jose CA 95134 US A-003He invisalign: Align Technology, Inc @ Invoice Ship To: Ween Tax Registration #: New York NY 10007-0028 Invoice #: 9001398255 Invoice Date: 11/26/2016 Due Date: 01/26/2017 Customer #: 397513 Shipment Date: 11/26/2016 Payment Terms: Net due in 60 days Payer Tax #: i 1oft Bill To: Or. Nicole Lambert - Page & 20 Warren Street New York NY 10007-0028 Additional Info: 397513 - Lambert Nicole All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The tota! payment due is inclusive of all discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respectively. Remittance Slip Invoice #: 3001398255 ‘Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover. You can make online payment by using the following URL: https/payments.invisalign.com For questions you can contact us directly at 888 897 5261 Check: Align Technology, Inc. P.O. Box 742531 Los Angeles, CA 90074-2531 A-004 2820 Orchard Parkway San Jose CA 95134 US.Me invisalign: Align Technology, Inc @ Invoice Ship To: Or. Nicole Lambert 20 Warren Street Tax Registration #: New York NY 10007-0028 Invoice #: 9001476751 Invoice Date: 12/03/2016 Due Date: 02/01/2017 Customer #: 397513 Shipment Da! 12/03/2016 Payment Terms: Net due in 60 days Payer Tax #: BillTo: Dr. Nicole Lambert Haas a i 20 Warren Street New York NY 10007-0028 Additional Info: 397513 - Lambert Nicole 2S ES See PO # 28914 Sub Total eres [shipping | 0%] ooo | [rota aymentoue [| asta | Femme Goss L 10 I All products are subj ct tot the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment due is inclusive of all discounts. Aligners and Tero scanners are manufactured in Mexico and Israel respectively. Remittance Slip Invoice #:; 9001476751 invoice Amount: 1,551.47 Online Payments: For payment by credit card, we accept AMEX, Visa, MasterCard and Discover. You can make online payment by ‘using the folowing UR URL: ‘htips:/payments.invisalign.com For questions you can contact us directly at 888. Check: Align Technology, P.O, Box 742531 Los. Rocios, CA 90074-2531 2820 Orchard Parkway San Jose CA 95134 US A-005Ws eee 3€ invisalign Align Technology, Inc @ Invoice Ship To: Dr. Nicole Lambert . 20 Warren Street Tax Registration #: New York NY 10007-0028 Invoice #: 9001492476 Invoice Date: 12/06/2016 Due Date: 02/04/2017 Customer #: 397513 Shipment Date: 12/06/2016 Payment Terms: Net due In 60 days Payer Tax #: Bill To: Or. Nicole Lambert Page #: 14 20 Warren Street New York NY 10007-0028 Additional Info: 397513 - Lambert Nicole Le ee tare eel Chart # PO# Carrier po pw [me [mere 561902 [subtow Tans. | [estwarmax | | rasa | [shipping | ooo] oo [Total payment oue | | 4,561.47 | All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment due is inclusive of all discounts. Aligners and iTero scanners are manufactured In Mexico and Israel respectively. Remittance Slip Invoice #: 9001492476 Invoice Amount: 1,551.47 ‘Online Payments: For payment by cred car, ‘we accept AMEX, Visa, MasterCard and Discover. You can make online payment by usi following URL: htips:/ipayments.invisalign.com For questions you can contact us dey at at 888 897 5261 Check: Align Technology, Inc. B. 0. Box 742531 Los Angeles, CA 90074-2531 2820 Orchard Parkway San Jose CA 95134 US A-006se ° Me invisalign’ Align Technology, Inc @ Invoice Ship To: Or, Nicole Lambert : 20 Warren Street Tax Registration #: New York NY 10007-0028 Invoice #: 9001510134 Invoice Date: 12/09/2016 Due Date: 02/07/2017 Customer #: 397513 Shipment Date: 12/09/2016 Payment Terms: Net due in 60 days Payer Tax #: i 1of1 Bil'To: Br. Neola Lambort a 7 20 Warren Stra New York NY “0007-0028 Additional Info: 397513 - Lambert Nicole Pa [> [om [ome a eee eee All products are subject to the terms and conditions set forth in the applicable Pricing, Terms and Conditions and/or Purchase Agreement. The total payment due is inclusive of all discounts. Aligners and iTero scanners are manufactured in Mexico and Israel respectively. Remittance Slip Invoice #: 9001510134 woice Amot 2.45, Payment Amount: Online Payments: For payment by cre card, we accept AMEX, Viea, MasterCard and Discover. You can make onfne payment by using the follwing URL: hips payments invsaign.com For questions you esn cantact us diy at 508 891 52 Check: Align Technology, Inc. P.O. 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