Terms and Conditions
Agreement between User and alignmultimedia.com
Welcome to alignmultimedia.com. The alignmultimedia.com website (the “Site”) is comprised of various web pages operated by Align Multimedia, LLC (“Align”). alignmultimedia.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of alignmultimedia.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
alignmultimedia.com is a digital marketing services Site.
alignmultimedia.com provides visitors with a description of Align’s digital marketing and content production services.
Visiting alignmultimedia.com or sending emails to Align constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Align is not responsible for third party access to your account that results from theft or misappropriation of your account. Align and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Align does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use alignmultimedia.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
alignmultimedia.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Align and Align is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Align is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Align of the site or any association with its operators. Certain services made available via alignmultimedia.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the alignmultimedia.com domain, you hereby acknowledge and consent that Align may share such information and data with any third party with whom Align has a contractual relationship to provide the requested product, service or functionality on behalf of alignmultimedia.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Align or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Align content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Align and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of Align or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Align account to third party accounts. By connecting your Align account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Align provides email hosting services for Customers. Your use of these mail services constitutes your agreement to all Mail Services Terms and Limitations below.
Mail Services Customer Security Obligations. The Agreement requires Customer to use reasonable security precautions in light of Customer’s use of the Services. This includes using a desktop virus scanner and firewall on computers that are connected to the Internet, and encrypting any Sensitive Data transmitted to or from, or stored on, the Align Services, servers, email boxes, or storage devices Customer use.
Customer will create and maintain passwords that adhere to the following security standards:
Filtering. Align provides certain services designed to filter unwanted incoming email, such as spam, phishing scams and email infected with viruses and designed to filter outgoing email, such as email containing certain Personal Data. Customer acknowledges that the technological limitations of such filtering services will likely result in the capture of some legitimate email, and the failure to capture some unwanted email, including email infected with viruses or containing Sensitive Data.
Delivery Failures. Align shall use commercially reasonable efforts to deliver Customer’s email messages, Third party filtering services may from time to time prevent successful delivery of Customer’s messages.
Customer hereby releases Align and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of the filtering system to capture unwanted email or from the capture of legitimate email; or from a failure of Customer email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient’s email service provider.
Customer hereby releases Align and its employees, agents, suppliers, and affiliates from any liability or damages arising from any third party accessing the Customer’s email account. Align shall not be liable for any loss or damage arising from or otherwise related to Customer’s failure to maintain control over access to their password or username whether due to Customer’s own negligence or for any other reason.
Email Sending and Receiving Limits. Customer acknowledges that the Mail Services are not designed for sending and receiving a high volume of email messages, Align may limit the number of email messages that a customer may send and receive and the number or recipients per email message sent over a given time period, as determined by Align in its reasonable discretion. Align reserves the right to make changes to such limits at any time without prior notice to Customer. Attempts to circumvent these limits by using multiple accounts or by other means shall constitute a material breach of the agreement.
Unsolicited Mail. Customer may not send email to anyone with whom Customer does not have a pre-existing relationship unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive email.
The Service is controlled, operated and administered by Align from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Align Content accessed through alignmultimedia.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Align, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Align reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Align in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Align agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Align reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Align as a result of this agreement or use of the Site. Align’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Align’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Align with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Align with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Align with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Align reserves the right, in its sole discretion, to change the Terms under which alignmultimedia.com is offered. The most current version of the Terms will supersede all previous versions. Align encourages you to periodically review the Terms to stay informed of our updates.
Align welcomes your questions or comments regarding the Terms:
Align Multimedia, LLC
144 E 3rd Street
Rifle, Colorado 81650
Effective as of January 01, 2022