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LEGAL NOTICES

PRIVACY POLICY

 

Align+Engage, LLC (also referred to herein as “Align,” “we,” “us,” or “our”) is the owner and operator of the totalE Mobile Application (“Application”), the align30.com website (“Website”), and associated portals, user interfaces, and underlying platforms of each (collectively, “Service”). One of our main priorities is the privacy of our users. This Privacy Policy document contains types of information that is collected and recorded by Align and how we use it. This Privacy Policy applies to both offline and online activities and is valid for users of our Service with regards to the information shared with and/or collected by Align. This Privacy Policy also applies when you use social media that cross-references or overlaps with Align’s social media or the Service, as and where applicable.

 

Contact Us

If you have additional questions, complaints, or require more information about our Privacy Policy, do not hesitate to contact us:

Email – info@align30.com

Postal Mail:     Align+Engage, LLC

                        1124 Merrill Avenue

                        Wausau, WI 54401

Data Protection Officer/Representative: Neil Gulsvig

 

Consent

By using our Service, you hereby agree that you have read, understood, and agree to be legally bound to this Privacy Policy, which is effective from your first visit. If you do not accept this Privacy Policy or any of its component parts, please do not use the Service.

 

Information We Collect

As an individual user submitting personally identifying information to Align, both online and offline, you consent to the terms and conditions of this Privacy Policy and to our processing and use of Personal Information and Non-Personal Information for the purposes stated herein.

 

Personal Information

“Personal Information” is any information or set of information that identifies you personally, and collected to fulfill the purpose of the Service, which is to collect and analyze employee data and research, for the purpose of providing strategies for employee engagement and retention, including but not limited to your:

  • Name;

  • Date of birth;

  • Demographic information;

  • Address;

  • Telephone number(s);

  • E-mail address(es);

  • Employer;

  • Job title and associated duties;

  • Department;

  • Supervisor(s);

  • Employment start date/end dates;

  • Time and attendance records; and

  • End of employment information including, but not limited to descriptions regarding reasons for voluntary or involuntary resignation or termination.

 

Personal Information does not include information that is encoded, aggregated, anonymized, or publicly available information that has not been combined with non-public Personal Information. If you do submit Personal Information to us, we will use that information for the purposes for which it was submitted.

 

How We Collect Personal Information

The Personal Information that you are asked to provide, and the reasons why you are asked to provide it, include:

 

  • When you submit job application(s) and employment-related information;

  • When you or your employer populate the Service with your Personal Information;

  • When your Personal Information is automatically collected through your use of the Service.

 

From time to time, we may collect personal information from you in ways not described above for the purposes of Service functionality.

 

Non-Personal Information

Non-Personal Information may include:

 

  • Cookies and Other Locally Stored Objects. Align may collect information via technical methods, including but not limited to cookies, JavaScript tags, web beacons, pixel gifs, Flash cookies, and other locally stored objects, now known or developed in the future. Cookies are text files placed on the device upon which you access the Service to collect standard Internet log information and visitor behavior information.

 

Align may use a mix of first-party cookies as follows:

  • Session cookies – Temporary cookies that remain in the cookie file of your browser until you close the browser. This cookie is automatically placed onto your browser via server software.

 

  • Information from Your Activity. Align follows a standard procedure of using log files. These files log visitors when they visit websites, including the Service and affiliated social networks. The information collected by log files includes Internet protocol (IP) addresses, general geographic location, browser type (i.e., Internet Explorer; Firefox) and language, operating system (i.e., Mac OS; Windows), mobile device technical information, search terms, Internet Service Provider (ISP) (i.e., Spectrum; AT&T), date and time stamp, amount of time spent on particular pages, referring/exit pages and associated URLs, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the Service, and gathering demographic information.

 

How We May Use Your Information

We use Personal Information and Non-Personal Information we collect from you in various ways, including to:

 

  • Collect and analyze employee data and research, for the purpose of research providing strategies for employee engagement and retention;  

  • Provide, operate, personalize, maintain, and expand the Service. Align uses cookies so that we recognize you on our Service and remember your previously selected preferences. This could include, for example, what language you prefer and your geographic location;

  • To retain and evaluate information regarding your visits to the Service and how you move around different sections of our Service for analytics purposes to understand how people use our Service so that we can make it more intuitive;

  • Develop new products, services, features, and functionality;

  • Communicate with you, including for in-Service communication purposes and customer service, to provide you with updates and other information relating to the Service;

  • Find and prevent fraud;

  • Align may share some or all Personal Information and Non-Personal Information with any of our parent companies, subsidiaries, or other companies under common control with us;

  • In the event of a corporate sale, asset sale, merger, reorganization, dissolution, or similar event, Personal Information and Non-Personal Information may be part of the transferred assets; and

  • We may also be required to disclose Personal Information and Non-Personal Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or to protect the rights, property, or safety of Align or others.

 

How We Protect Your Personal Information and Non-Personal Information

Align makes a commitment to users of its Service to never sell any Personal Information to third parties for direct marketing or commercial use.

 

Align takes commercially reasonable steps to protect both Personal Information and Non-Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. No security system, method of Internet transmission, or data storage, however, is fully impenetrable. As such, Align cannot guarantee the security of our databases or that the Personal Information you supply will not be intercepted while being transmitted to and from us over the Internet. In the event that Align should discover a security breach, we will notify all potentially affected users within a reasonable timeframe and take all reasonable steps to remedy such breach.

 

Non-U.S. Residents

Align is located and operated primarily in the United States. Users that are located outside of the United States must be aware that any Personal Information provided will be transferred into the United States.

 

Data Retention (California Privacy Rights Act)

Align and its user(s) do not meet applicability requirements of the California Privacy Rights Act.

 

California Consumer Privacy Act Rights (Do Not Sell My Personal Information)

This notice to California residents is provided under California law, including the California Consumer Privacy Act, Cal. Civ. Code §§1798.100 et. seq. (“CCPA”) by explaining your privacy rights if you are a California resident, providing our “notice at collection,” and providing mandated disclosures about Align’s information, both online and offline.

 

Align makes the following additional disclosures for purposes of compliance with the CCPA:

  • We collected the above-noted categories of Personal Information identified herein in the last 12 months;

  • We have not disclosed such Personal Information to any unaffiliated third parties;

  • The sources of Personal Information from whom we collected are directly from Service users and Service analytics tools;

  • The business or commercial purposes of collecting personal information are as summarized herein, and as described in more detail in our Privacy Policy under the section titled, “How We May Use Your Information”;

  • It is Align’s policy not to disclose any Personal Information we collect to third parties for direct marketing purposes under any circumstances. We do not “sell,” and have not “sold,” (as that term is defined by the CCPA) any categories of Personal Information.

 

Under the CCPA, among other rights, California consumers have the right to:

  • Request that a company that collects a user's Personal Information disclose the categories and specific pieces of Personal Information that a company has collected about users.

  • Request that a company deletes any Personal Information about the user that a company has collected.

  • Request that a company that sells a user's Personal Information, not sell the user's Personal Information. Align does not sell users’ Personal Information.

 

If you would like to exercise any of these rights, please contact us at info@align30.com. If you make a request, we have one month to respond to you.

 

California Online Privacy Protection Act (CalOPPA) “Do Not Track” Policy

The Service and Align do not respond to Do Not Track signals.

 

Some third-party websites may keep track of your browsing activities. If you are visiting such third-party websites, you may set your preferences in your web browser to inform those websites what you do not want to be tracked. You may also enable or disable Do Not Track by vising your web browser’s preferences or settings page.

 

California Shine the Light Law

California Civ. Code §1798.83 (California’s Shine the Light law) provides that California residents with an established business relationship with us can request information once per year identifying the Personal Information shared with third parties for the third parties’ direct marketing purposes.

 

Align does not collect or share Personal Information for third parties’ direct marketing purposes.  

 

Third Party Websites

This Privacy Policy only applies to Align’s Service. If you click on a link to another application or website while using the Service, you should read and understand their privacy policy. In such event, that third-party application’s or website’s privacy policy controls.

 

Accessing and Modifying Information

Align will grant individuals reasonable access to Personal Information stored within our company servers and by our direct agents. In most circumstances, it will not be possible to remove or modify Personal Information.

 

Availability to Visually Impaired

This Privacy Policy is available orally upon request to ensure comprehension and to aid the visually impaired. To make such a request, please contact us at: info@align30.com.

 

Children's Information

Align is committed to the protection for children while using the Internet and compliance with the Children’s Online Privacy Protection Rule. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

 

Align does not knowingly collect any Personal Information from children under the age of 18. If you think that your child provided this kind of information on our Service, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

 

California Privacy Rights for Minor Users

(CA Business and Professions Code Section 22581)

California Business and Professions Code §22581 allows California residents under the age of 18 who are registered users of online sites, services, or applications to request and obtain removal of content or information they have publicly posted.

 

The Service is not intended to be used by anyone under the age of 18. If, however, you believe you or your child has used the Service, to request removal of such data, if you are a California resident, you can contact us at info@align30.com. Align will take reasonable steps to comply with your request, however, your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

 

Changes to Our Privacy Policy

Align keeps this Privacy Policy under regular review and reserves the right to change this Privacy Policy from time to time. This Privacy Policy was last updated on the date appearing at the top of the page.

ACCESSIBILITY STATEMENT

 

General

Align+Engage, LLC cares about our clients and is further committed to facilitating and improving the accessibility and usability of our website, align30.com (“Website”) and totalE mobile application (“Application”). For purposes of this Accessibility Statement, Website and Application together are referred to as “Service.” This includes ensuring that the functionality, services, and content of our Service is accessible to persons with disabilities including, but not limited to users of screen reader, voice recognition, or other kinds of assistive technologies. To accomplish this, we have implemented technology that will enable and maintain accessibility in line with the Web Content Accessibility Guidelines (WCAG), as amended from time to time, which also brings our Services into conformance with the Americans with Disabilities Act of 1990.

 

Initial accessibility work has been completed and text equivalents have been applied, such as alternative text, captions, and transcripts to images and videos so that users who cannot see or hear have text equivalents with which to interact. We will continue to monitor our Service and make accessibility updates as and when needed.

 

Disclaimer

Please be aware that our efforts to maintain accessibility and usability are ongoing and evolving with the addition of frequently-added content, together with modifications to applicable law. While we strive to make our Service as accessible as possible, some issues may be encountered by different assistive technologies as the range of assistive technologies is wide and varied.

 

Contact Us

If, at any time, you have specific questions or concerns about the accessibility of our Service, then please contact us by e-mail at info@align30.com. When contacting us, please be sure to specify the specific location within our Application or subpage of our Website, and nature of the issue, or the information for which you seek clarification, and we will make all reasonable efforts to make that aspect or the information contained therein accessible for you, consistent with applicable law. Thank you for visiting.

TERMS OF USE AGREEMENT

IF YOU BELIEVE YOU (OR A PATIENT FOR WHOM YOU ARE A PROXY) ARE EXPERIENCING AN URGENT OR LIFE-THREATENING HEALTH CONDITION, PLEASE IMMEDIATELY GO TO AN EMERGENCY ROOM OF A LOCAL HOSPITAL OR DIAL 911.

 

This Terms of Use Agreement (“Agreement”) provides the terms and conditions by which you, as authorized user, are bound by using the totalE Mobile Application (“Application”), the align30.com website (“Website”) and any associated portals, user interfaces, and underlying platforms of each (collectively, “Service”). As used herein “Align” shall collectively refer to Align+Engage, LLC, and its managers, members, directors, officers, employees, attorneys, volunteers, independent contractors, parent companies, subsidiaries, and affiliated companies. Use of the Service is provided by Align subject to the following terms and conditions:

 

Access and Purpose.

  1. General: By accessing, browsing, and/or otherwise using the Service, you acknowledge that you have read, understood, and agree to be legally bound to this Agreement, which is effective from your first visit. You agree to only use the Service for lawful purposes. If you do not accept this Agreement or any of its component parts, please do not use the Service.

  2. HIPPA Compliance: The information available through the Service may be protected health information (“PHI”), as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPPA”), and other state and federal privacy laws. Please also read Align’s online Privacy Policy to learn about the online information collection, use, and privacy practices associated with the Service. You are solely responsible for any sharing (e.g., via e-mail, text message, or other communication methods) of the information available through the Service, intentionally or unintentionally, to other people or other entities, including health care providers and outside vendors of websites, mobile applications, or other products and services.

  3. Territory: The Service is intended for use in the United States of America only. If use of the Service is made from outside of the United States, then you are advised that (i) any information you provide to Align or that Align automatically collects will be transferred to the United States of America; and (ii) by using the Service or submitting information, you expressly authorize its transfer to, and subsequent use, within the United States of America in accordance with this Agreement.

Representations and Warranties.

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, ITS CONTENT, AND ALL RELATED SERVICES ARE FURNISHED WITH NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USE OF THE SERVICE IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR YOUR USE AND RELIANCE ON THE CONTENT IN THE SERVICE, INCLUDING DECISIONS OR ACTIONS ARISING FROM YOUR USE OF THE SERVICE. Your exclusive remedy for dissatisfaction with the Service, for any reason, is to stop using the Service.

  2. Align does not warrant that the Service will be uninterrupted or free of errors. Your use of the Service is entirely at your own risk. Align is not liable for ANY loss or damage, including property damage, personal inJUry, or death resulting from the use of the Service. Align is further not liable for damage caused by malware, viruses, worms, Trojan horses, or similar malicious programs (collectively, “malicious technology”).

  3. Align makes reasonable efforts to minimize the risk of Malicious Technology transmitted from the Service, however, absolute Service or Internet security cannot be guaranteed. Align further cannot control the actions of third parties and accepts no liability with regard to third parties. We recommend that you safeguard your personal computer and IT equipment before accessing and downloading information and files from the Service.

 

Enrollment and Account Activation.

  1. When you initially begin using the Service, you will be asked to create a personal login and password. You are responsible for all your activity in your account and all activity of anyone you permit to access your account. Anyone with access to your login name and password is able to access confidential medical information and read content located within the Service. It is your responsibility to protect your login and password, and to change your password if you feel that its security has become compromised. You may change your password at any time. Align shall not be liable or responsible for any damages that result from your failure to keep your password secure.

  2. As part of activating your account, you are required to provide Align with a valid e-mail address. When providing an e-mail address, you acknowledge that it will be used to notify you when new information is available in your account and that those e-mail messages may not be encrypted and secure. You are required to update your e-mail address in the Service if you should later change your e-mail address.

  3. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Align or our service provider for the duration of your business relationship, for the sole purpose of helping Align identify you and/or your wireless device and to prevent fraud.

  4. Consent to Electronic Communications. By using the Service, you consent to receive electronic communications from Align (e.g., via e-mail, messages, text messages, secure messages, or through any other type of communication channel). You agree that Align may use all telephone numbers that you provide to us to communicate with you. These communications may include notices about your account within the Service. Align may send messages to your Service, and may send messages to your e-mail account to inform you that you have a message within the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically through the Service will satisfy any legal requirements, including but not limited to, any requirement that such communication be in writing. You are encouraged to maintain copies of electronic communications received from Align through the Service by saving an electronic copy or printing a paper copy.

  5. No Medical Advice. Neither the Service, nor any content or information conveyed through the Service, shall be considered medical advice. As such, you acknowledge the Service shall not be used to make healthcare decisions or diagnoses. To the extent you seek medical advice, then you must consult with a physician or other licensed health care provider. Align is not liable for any personal injury, loss, or death arising from your use or misuse of the Service or any information or content therein.

  6. Modifications to Agreement. Align may, in its sole and absolute discretion, change, alter, or modify this Agreement from time to time. Your use of the Service indicates your acceptance of the Agreement at the time of use, subject to any and all changes, alterations, and modifications. No other course of conduct between Align and the user shall act to modify any provision of this Agreement. Align further reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate this Agreement or access to all or any part of the Service, at any time, for any or no reason, without prior notice, and without liability.

  7. Modifications to Service. Align reserves the right, in its sole and absolute discretion, to change the content of the Service at any time without liability.

 

Limitation of Liability.

  1. ALIGN MAKES NO GUARANTEES WHATSOEVER AS TO THE ACCURACY OF THE CONTENT CONTAINED ON THE SERVICE. Align has taken reasonable precautions to make sure the content contained within the Service is accurate and legally correct at the time of appearance. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any and all information contained on, or available through, the Service.

  2. Align IS not liable for any loss or damage, including but not limited to, direct, consequential, special, or other damages, arising out of, or related to, your reliance on information contained THROUGHOUT THE Service, whether based on warranty, contract, tort, or any other legal theory.

  3. In the event you are accessing the Service from a jurisdiction that does not permit certain limitations of liability for negligence, incidental, or consequential damages, then your liability is limited to the greatest extent permitted by law.

  4. if applicalbe law prohibits the disclaimer of direct or any other category of damages, then align’s aggregate liability to you for such damages arising out of, or relating to, these terms and the service shall be limited to the amounts paid by you to access the Service in the three (3) months prior to the events giving rise to any claim.

  5. If you believe the content contained within the Service is inaccurate, please email: info@align30.com.

  6. Third-Party Content. In the event that Align provides links or references to websites, applications, digital presence, content, tools, or features provided by others (collectively, “Third-Party Content”), it does not mean that Align approves of or endorses the views and information contained in or on the Third-Party Content. Such links or references are made strictly as a convenience to you. Align does not make any warranties or representations, express or implied, and Align is not responsible for, and shall have no liability in relation to, the content of any Third-Party Content. Only the third parties’ terms of use and privacy policies will apply to your use of Third-Party Content. Align recommends that you read the terms of use, privacy policies, and other policies which may apply to such Third-Party Content before using them. Align further does not guarantee the website security of any Third-Party Content, including but not limited to whether such websites may contain Malicious Technology. Align is not liable for property damage or personal injury, or for damage caused by Malicious Technology on any Third-Party Content that may be linked or referred to in or on the Service.

 

Intellectual Property.

  1. All content appearing throughout the Service is protected by applicable copyrights, trademarks, service marks, trade secrets, patents, intellectual property, or other proprietary rights, regardless of whether registered, exclusively owned and controlled by Align, in all forms, media, and technologies, currently existing or hereinafter developed (collectively, “Content”). Align authorizes you to view and use the Content contained on the Service solely for use within the confines of the Service, and for no other purpose. You may not copy, print, or amend the Content or use Content for other commercial purposes without Align’s express written consent. By using the Service, you agree that you will not store, distribute, license, sub-license, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works, in whole or in part, of any Content appearing on the Service. Framing, inlining, and mirroring any portion of the Service is not permitted. You further agree to not assert any claims of ownership, create, or perpetuate any lien, or otherwise encumber any Content by virtue of your use of the Service. You may request permission to otherwise use or reproduce Content contained on the Service by emailing info@align30.com. Align reserves the right, in its sole and absolute discretion, to grant or withhold any license to use any Content for any or no reason. If consent is granted, then attribution in subsequent use shall be attached in substantial form as follows: “Reproduced with permission from “Align+Engage, LLC.” In the event Align discovers that its Content is being used without its consent or in a manner inconsistent with its established rights, Align may make demands for removal to infringing party or applicable third parties, and may commence an action for all applicable actual and statutory damages or injunctive relief, as applicable.

  2. In the event Content appearing throughout the Service contains the property of intellectual property owners other than Align, Align has secured applicable permission to use and reproduce such Content for its specific purpose from the original intellectual property owner. Such Content may not be further reproduced or used without the original intellectual property owner(s)’ written consent.

  3. DMCA Agent for Copyright Complaints.

  4. Align respects the intellectual property rights of others and attempts to comply with all relevant laws. The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is:

Align+Engage, LLC

Attn: Neil Gulsvig

1124 Merrill Ave.

Wausau, WI 54401

ngulsvig@align30.com

  1. The following information must accompany any DMCA Complaint or the Complaint will be deemed per se invalid:

  2. Identification of the copyrighted work(s) claimed to have been infringed;

  3. Identification of the material that is claimed to be infringing, or to be the subject of the infringing activity, that is to be removed, or access to which is to be disabled, and information reasonably sufficient to direct Align to locate the allegedly infringing material;

  4. Information regarding the complainant, including how to contact complainant (e.g., e-mail address, physical address, telephone number) and, a physical or electronic signature of the copyright owner, or, if complainant is an entity, its authorized agent;

  5. A statement that the complainant is the copyright owner or its authorized agent, and has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its authorized agent, or the law; and

  6. A statement that the information in the notice is accurate and made under penalty of perjury, and, if an authorized agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  7. Prohibited Uses. Align grants you a limited, revocable right to make use of the Service and its features in accordance with these Terms. That right expressly is limited by the following:

  8. No user may disassemble, decode, decompile, reproduce, duplicate or otherwise reverse engineer, or make any derivative of the Service, including, without limitation, any interfaces, platforms, or software comprising the Service.

  9. No user may take any action that would impede or interfere with Service operation or otherwise alter Service content.

  10. No user may use data mining or similar data gathering or extraction methods with regard to the Service or its users. Included in this prohibition is the collection of e-mail addresses, health information, or other information about other users.

  11. No user may upload, transmit, or capture any data or other content of any type (including messaging) that infringes upon, misappropriates, or violates the rights of any other person.

  12. No user may log in imitating or pretending to be another person.

  13. No user may send harmful, threatening, hateful, or unlawful content, or engage in any conduct that could adversely affect other persons, as determined in the sole and absolute discretion of Align.

  14. No user may use the Service for their own commercial purposes, or directly or indirectly in competition with Align.

  15. No user may use the Service to engage in any unlawful activities.

 

Indemnification.

You agree to indemnify and hold harmless Align from and against any and all claims, actions, causes of action, suits, and other third-party claims (collectively, “Claims”) and any liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs), and other losses (collectively, “Losses”) arising out of or relating to: (i) your access and/or use of, your inability to use, or your reliance upon the Service and any Third-Party Content accessible through the Service; (ii) your download, use, or transmission of information in the Service, directly or indirectly, or your consent to permit a third-party to access information in the Service; and/or (iii) your breach of this Agreement or any applicable law. You agree to promptly notify Align at the address contained herein of any Claims and cooperate with Align in defending such Claims. You further agree that Align shall have control of the defense or settlement of any Claims. This indemnification is in addition to, and not in lieu of, any other indemnities set forth in any other agreement between you and Align and shall survive the expiration or earlier termination of this Agreement.

 

Notices.

Notices required to be given under this Agreement to Align shall be sent to the address provided below and must be made by process server, certified mail (return receipt requested), or any other manner in which the recipient acknowledges receipt of the Notice.

 

Align+Engage, LLC

Attn: Neil Gulsvig

1124 Merrill Ave.

Wausau, WI 54401

 

Conflicting Terms.

If there is any conflict between this Agreement and rules or specific terms of use relating to specific material, then the latter shall prevail.

Jurisdiction and Dispute Resolution.

  1. YOU AGREE THAT BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND HEREBY WAIVE YOUR RIGHT TO PURSUE CERTAIN CLAIMS ON A CLASS OR CONSOLIDATED BASIS.

  2. Align is based in the United States. If the Service is being accessed outside of the United States, you are responsible for ensuring compliance with the laws and regulations of your specific jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without respect to its conflict of law provisions. In the event of any dispute arising out of this Agreement, you agree to binding dispute resolution by arbitration under the Commercial Rules of the American Arbitration Association (AAA) before a single arbitrator. In such event, arbitration shall be held in Marathon County, Wisconsin.

  3. You further agree that any aRBITRATION arising out of or related to the Service must be commenced by you within one (1) year after the cause of action accrues, otherwise such aCTION is permanently barred.
     

Waiver.

Align’s failure to enforce strict performance with any provision of this Agreement does not constitute waiver of any provision or it right to constitute a waiver of its right to subsequently enforce any contractual provision.

Severability.

In the event any portion of this Agreement is determined to be invalid or unenforceable, that invalid or unenforceable portion may be severed, and the remainder of the Agreement shall remain in full force and effect.

Entire Agreement.

This Agreement contains the entire agreement between you and Align and supersedes any and all preceding agreements, oral, written, or otherwise. Section headings are provided merely for convenience and shall not be given any legal import. This Agreement shall inure to the benefit of Align’ successors, assigns, licensees, sub-licensees, parent companies, subsidiaries, and affiliated entities.

Copyright © 2024 Align+Engage, LLC. All rights reserved.

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