ailign application use Agreement
This agreement describes the terms and conditions for use of the ailign application. In this agreement, the term “User” refers to you (the service user). In this agreement, ailign refers to the product owner and publisher(5 Minute, Inc.).
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available services, fee schedules, payment procedures and Affiliate service access. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN UTILIZING THE SERVICES OF 5 MINUTE INC, it will be considered as your acceptance of the change.
Use Policy Agreement
USE OF 5 MINUTE INC. AND/OR AILIGN SERVICES IS CONSIDERED YOUR AGREEMENT TO THE USE OF SERVICE POLICIES STATED HEREIN.
ailign services are provided as pre-paid subscription or pay as you go services.
ailign application users that have payments returned or dispute payments will have their account access suspended until such time payments are resolved. If a application user has more than 1 failed billing attempt and/or dispute per quarter they will be subject to termination at ailign’s discretion without notice and hold all pre-paid balances for a period of 6 months and/or until such time that it is certain of no future chargebacks, refunds, or disputed transactions are pending.
ailign processes payments with a merchant service. Access to services will be provided upon successful completion and settlement of billed service items purchased. A $30 per instance service fee will apply when ailign staff is used to assist in the processing of payments and/or collection of outstanding amounts due for services already provided. Customers who purchase products and services through any ailign Affiliate though the ailign applicaiton will be deemed to be customers of ailign. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. ailign policies will always determine the price paid by the customer.
Qualifying Affiliate Service Referral Sites
ailign reserves the right to refuse any 3rd party advertised ailign service quoted amount. Sites that ailign does not work with include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- List coupon codes or discounts that were NOT officially provided to them by 5 Minute, Inc. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in legal action.
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of 5 Minute Inc., ailign or any other site.
The following cases are prohibited and are grounds for immediate termination of an ailign account without written approval.
- Use of the ailign logo, logo marks or other ailign website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with ailign/5 Minute, Inc..
- Use the term “ailign” in ANY variation in their site URL ex. (/ailign.com)
- Resell access to an ailign account.
- Provide false personal information in the establishment of an ailign account
- Use ailign account for any local, state, or federal criminal activity
ailign Anti-Spam Policy
ailign strictly prohibits clients from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
ailign, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
- Account Termination: Upon the receipt of a credible complaint, the ailign Security Manager may investigate the complaint, and if necessary, will then terminate the ailign account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliated user account(s), possibly resulting in the loss of all user account data, At ailign’s discretion, termination may not only result in being banned from the future application use, but also being banned from ANY other 5 Minute Inc. and/or affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at firstname.lastname@example.org
Relationship of Parties
ailign application users are strictly application users, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. ailign application users have no authority to make or accept any offers or representations on our behalf.
Term and Termination
The term of this Agreement will begin when you access your ailign account and will end when terminated by either party. Either ailign or the application user may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and lose ailign account access. AILIGN IS NOT RESPONSIBLE FOR THE LOSS OF ANY ACCOUNT DATA OR INFORMATION STORED WITHIN THE AILIGN APPLICATION UPON TERMINATION OF AN ACCOUNT.
Limitation of Liability
ailign will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the application, even if we have been advised of the possibility of such damages and/or uncured such damages related form the application use. Further, our aggregate liability arising with respect to this Agreement and the application will not exceed the total use of service paid by the application user.
We make no express or implied warranties or representations with respect to the application and/or an affiliate’s application in respect to guaranteed service performance, access, and up time. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and ailign will not be liable for the consequences of any interruptions or errors.
Warranties and Representation
ailign applciation users provide meaningful effort into the use of ailign services within accordance with all local, state and federal laws. Furthermore, the application users warrant use of ailign services will be done in a professional and respectfull maner in the promotion and marketing of their content within social venues.
Legal Venue Agreement
Ailign is a US based company and in accepting the use of 5 Minute Inc. and ailign application use policy you agree to the legal venue of the State of California, the county of San Diego, in the US for all legal actions you might choose to take in the future against ailign, 5 Minute Inc., its officers, directors, employees, and/or affiliates. You agree to pay ailign attorney fees and any costs associated with ailign needing to appear or represent itself in a foreign country on behalf of a filing you have made outside of the US.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up as an ailign application user, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this policy and are not relying on any representation, guarantee or statement other than as set forth in this agreement. YOUR LOGIN AND USE OF AN AILIGN ACCOUNT IS YOUR ACCEPTANCE TO THIS USE OF SERVICE AGREEMENT.