Align Ergonomics Software Terms and Conditions
Align Ergonomics – Acceptance Terms of Software Use and Service
Align Ergonomics, an ergonomic reporting software, is provided to you or the entity you represent (hereinafter “You” or “Your”) by
Align Ergonomics, (hereinafter “Align”), according to the following Terms and Conditions (hereinafter “Terms”). Use of Align Ergonomics software signifies
your acceptance of the terms of service. If you do not agree to the terms, do not proceed or do not use Align Ergonomics software in any manner. You
must be of legal age to enter into a binding agreement in order to accept the Terms. You can accept the Terms by checking the checkbox
indicating you have read the Terms and Conditions in its entirety and your acceptance of the terms by actually using the Services.
Accessing Align Ergonomics
You will be able to access Align by setting up an account. You are responsible for the accuracy of the information in your account.
Administrator and Primary Contact
You will be the default administrator of the Align account created by you. There must always be a primary contact (and only one primary contact) for an
Align account who should also be an administrator. By default, the first administrator is the primary contact. An administrator may designate any other
administrator as the primary contact. All communications in respect of an Align account will be sent to the primary contact. The primary contact must have authorization and responsibility for making payments for services.
Description of Service
Align provides an ergonomic reporting software. The reporting information is collected via an on line survey that is completed either as a
self-evaluation, or as data input by an evaluator such as an ergonomist, physical therapist, or company designated representative. You are responsible for
obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose
to do so, you can publish and share such content. The accuracy of the information input into the software is the sole responsibility of the person using
the software or completing the evaluation. Align is not responsible for any liability that may arise from the inaccuracy of data input.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Testing”) for the purpose of testing and evaluation. You agree that
we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the
success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a
subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any
time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you.
You agree that Align will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension
or discontinuance of any of the Beta Services for any reason
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. Accounts must be used for the purposes
of the software’s intent (ergonomic reporting) and may not be used for design or improvement of competitive products.
Align may terminate your user account and refuse current or future use of any or all of the Services for reasons of non-payment, misuse of the
software, misrepresentation, or for any other reasonable cause.
Although there is no charge to create an account, Payment information must be provided to order reports or to annually access Client Management.
Personal Information and Privacy
You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that
occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by emailing firstname.lastname@example.org.
We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user
Align will not give or sell your information or the information of a users/clients in your account for the purpose of profiting from marketing or data
Communications from Align
The Service may include certain communications from Align, such as service announcements and administrative messages. You understand that these
communications shall be considered part of using the Services.
Fees and Payments
Services are paid for when evaluations are ordered for future use. Since evaluations are ordered per use, even when purchased in volume, there is no annual
or subscription fee for the use of the Service. There is no expiration date on the use of evaluations. The rate per evaluation is based upon the number
of evaluations purchased in a single transaction. Each evaluation will be charged to your account and deducted from the account’s total purchased
evaluations at the time the evaluation is issued. It is your responsibility to verify evaluations are completed and submitted for the generation of the
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services.
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of
another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes
racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for
the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your
access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all
data associated with such user account may be deleted.
We will provide you sixty (60) days written notice to your account’s primary contact of intent to terminate. If an account is terminated for non-payment
inactivity, the data deletion policy may be implemented with respect to any or all of the Services. In case of accounts with more than one user, if at
least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you,
your use of the Services does not grant Align the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in
your user account for Align’s commercial, marketing or any similar purpose.
You do, however, grant Align permission to access, copy, store, transmit, or reformat, the content of your user account solely as required for the
purpose of providing the Services to you.
User Generated Content and Product Recommendations
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and
the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and
indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you
may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy,
reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent
of the person who owns the rights to such content.
Align does not endorse any ergonomic products or equipment. Product and equipment recommendations included in report are the exclusive recommendation of
the report writer, and do not constitute the opinions or recommendations of Align. Recommendations for ergonomic adjustments written in the summary
section of the ergonomic report do not necessarily reflect the opinions of Align and should not be construed as such.
Align is for reporting purposes only, and therefore Align is not responsible for any liability that may arise from the opinions of the report
Trademark and Intellectual Property
Align Ergonomics name and logo, are trademarks of Align Ergonomics. You agree not to display or use, in any manner, the Align trademarks, without prior
written permission from Align.
Align Ergonomics software is the exclusive intellectual property of Align Ergonomics. Any use of the content without the express written authorization of
Align is considered a violation of intellectual property rights and you agree that such use constitutes immediate and irreparable harm for the purposes of
any injunction against such use sought by Align.
Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis.
Align expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose.
Although Align’s goals are to provide a high available secure environment, Align makes no warranty that the services will be uninterrupted, timely, secure,
or virus free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely
responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of
any such material. No advice or information, whether written or oral, obtained by you from Align, its employees or representatives shall create any
warranty not expressly stated in the terms.
Limitation of Liability
You agree that Align shall not be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss
of business profits, business interruption, computer failure, loss of business information, loss or deletion of data, or other loss arising out of or
caused by your use of or inability to use the service, even if Align has been advised of the possibility of such damage.
Your sole and exclusive remedy for any dispute with Align related to any of the services shall be termination of such service. In no event shall Align’s
entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
You agree to indemnify and hold harmless Align, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines
and expenses (including attorney's fees and costs) arising out of or relating to any claims related to your use of the Services.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be
conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the
contrary, Align may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended
periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty (30) days of being notified about the suspension. We will also terminate
your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you
have violated any of the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta
Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail
address and password and deletion of all data in your user account.
Children's Online Privacy Protection
Align does not knowingly collect Personal Information from users who are under 13 years of age.
Information Recorded and Use:
During the Registration Process for creating a user account, we request for your name and email address. You will also be asked to choose a unique username
and a password, which will be used solely for the purpose of providing access to your user account. Your name and email address will be used to inform you
requested for the purpose of printing on the reports.
Your usage details such as time, frequency, duration and pattern of use, and the amount of storage used may be recorded by us in order to enhance your
experience of the Align services and to help us provide you the best possible service.
Contents of your User Account
We store and maintain the data stored in your user account at our facilities in the United States. In order to prevent loss of data due to errors or system
failures, we also keep backup copies of data including the contents of your user account. Hence your files and data may remain on our servers even after
deletion or termination of your user account. We assure you that the contents of your user account will not be disclosed to anyone and will not be
process the contents of your user account for serving targeted advertisements or data mining.
In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your
financial information will not be stored by us except for the name and address of the card holder, the expiration date and the last four digits of the
Credit Card number. Subject to your prior consent and where necessary for processing future payments, your financial information will be stored in
encrypted form on secure servers of our reputed Payment Gateway Service Provider who is obligated to treating your Personal Information in accordance with
We may use the Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and
other visitor details collected in our log files to analyze the trends, administer the website, track visitor's movements and to improve our website.
We use temporary and permanent cookies to enhance your experience of our Align Services.
Accessing, Updating and Removing Personal Information
We provide users with access to their Personal Information. Users may correct, update or remove any such Personal Information either by accessing their
user account or by contacting Align Customer Support Services. Such changes may take up to 48 hours to take effect. We respond to all inquiries within
thirty (30) days.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the
changes on the website www.alignergo.com. You may terminate your use of the Services if the Terms are modified in a
manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the
Terms will be deemed to be your agreement to the amended Terms.
June 1, 2014