This document was last updated on October 27, 2016
Welcome to the Align Income Share Funding website Terms and Conditions! We recommend visitors carefully review our Terms and Conditions before using our Sites, Services or Products.
If you have any questions or concerns regarding these Terms and Conditions, please don’t hesitate to contact us at firstname.lastname@example.org.
Align Income Share Funding (“Align”) provides an online platform that allows users to apply for and receive quotes for (collectively the “Service”) income share agreements (“ISAs” or “Products”). If approved, Align will advance funds and, in return, you will agree to make payments to Align. The amounts due to Align may be more, or less, than the amount of the investment. Your investment payment obligations are calculated based on your performance—your income. The higher your income, the higher the monthly payment will be. The lower your income, the lower the monthly payment will be. In certain circumstances, you may not have to make any monthly payments, such as during periods of involuntarily unemployment. If you are approved, the terms of your ISA will be set forth more fully in your ISA.
As used in this Agreement, the words “you” and “your” refer to you, the user of Align’s website, Service or Products, as the party agreeing to these Terms and Conditions. The words “we,” “us,” “our” and any other variation thereof refer to Align. The term “Sites” includes this website currently found at https://www.helloalign.com/ and/or any successor websites and applications that we operate and which link to these Terms and Conditions, pages within each such Site or application, any equivalent mirror, replacement, substitute or backup website or application, and pages that are associated with each such website or application. The use of the word “including” in these Terms and Conditions to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.
These Terms and Conditions constitute a legally binding agreement (this “Agreement”) between you and Align (each a “Party,” and collectively the “Parties”). Please read the Terms and Conditions carefully before using or accessing the Service and/or Products.
- Acceptance of Agreement
- Definitions and Interpretation
- Accuracy of and Changes to your Information
- Disclosure and Consent to Electronic Communications
- The Service
- Right to Monitor
- No Ownership Editorial Control of Third Party Content; No Statement as to Accuracy
- Limited License; Restrictions on Use
- Copyright; DCMA
- Your Use of the Service
- Warranties and Disclaimers
- Term and Termination
- General Terms
1. Acceptance of Agreement
By accessing or making use of the Sites and/or Service, you agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Sites or Service. If you do not agree to be bound by this Agreement, do not continue use the Sites or Service. Please note that certain uses of the Sites or Service may be subject to a separate agreement that will be provided to you prior to such use. No quotes for Products will be provided to you prior to your completion of the Application as further defined under Section 7 hereof.
By submitting an Application for ISA funding (“Application”), or by otherwise accessing or making use of the Sites or Service, you acknowledge and agree that:
- you have read and understand all of the provisions set forth in this Agreement;
- you are at least eighteen (18) years of age;
- you have the right, authority and capacity to enter into this Agreement and to abide by all terms and conditions of this Agreement;
- you are a resident of one of the fifty (50) states of the United States, or a resident of Washington D.C.; and
- this Agreement is the legal equivalent of a signed, written contract between you and Align.
This Agreement may be changed, modified, supplemented or updated by Align from time to time without advance notice by posting such changes, modifications or supplements to this Agreement on the Sites and you will be bound by any such changed, modified, supplemented or updated terms and conditions of this Agreement if you continue to use the Sites or Service after such changes are posted. Unless otherwise indicated, any new Service added to the Sites will also be subject to this Agreement effective upon the date of any such addition. You are encouraged to review the Sites and this Agreement periodically for updates and changes. The most current version of this Agreement will be effective as of the date specified in the 'Last Updated' notice set forth above.
3. Definitions and Interpretation
3.1 Defined Terms. Unless the context requires otherwise, capitalized terms in this Agreement shall have the following meanings:
- “Affiliate” means, with respect to a Party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party.
- “Applicable Law” means all federal and state laws, including regulations, applicable to the activities and obligations contemplated under this Agreement, as the same may be amended and in effect from time to time during the Term. Align only offers its Services, Products, and ISAs in certain states due to legal restrictions. Your ISA will be subject to a choice-of-law provision and that state’s law will govern your ISA. When you apply for our Service, obtain a Product, or enter into an ISA, you will be required to provide your state of residence. We may unable to offer you any Service, Products, or ISAs, depending on the state of residence.
- “Application Information” means personal information submitted by you to Align in connection with a request for a Free Quote as further described in Section 7 of this Agreement and as set forth on the Free Quote page of the Sites found at https://www.helloalign.com/customer/applications/new.
- “Contact Information” means your personal contact information as provided to us by you and includes but is not limited to your name, physical address, email address and phone number.
- “Content” means any text, pictures, graphics, logos, button items, images, works of authorship and other content (collectively with all information about the Service and Products).
- “Service” means the service provided by Align to you with respect to your obtaining a quote for the Products, as described further in Section 7. The term Service does not include the Products or any funding obtained pursuant to the terms and conditions of the Products.
5. Accuracy of and Changes to your Information
You agree to provide accurate Application and Contact Information when using the Sites or Service. You further agree to promptly update all your Application Information or Contact Information whenever the information provided to us by you is or becomes inaccurate. You can update your information by contacting us at info@Alignfunding.com. We are not responsible for any Service-related or Product-related issues or errors arising from your failure to submit or maintain current and accurate Application or Contact Information. If we determine, in our sole discretion, that you have failed to submit or maintain current and accurate Application or Contact Information, we may suspend or terminate your access to the Sites or Service.
6. Disclosure and Consent to Electronic Communications
6.1 Consent to Electronic Communications. When you access or make use of the Sites or the Service or submit an Application for the Products, you understand and agree that you are entering into this Agreement electronically and that certain categories of information (“Communications”) may be provided by Align to you by electronic means (i.e., via email, through the Sites or Products by displaying links to notices generally on the Sites) unless and until you withdraw your consent or “opt out” as described below. You understand that the Communications referenced in this Section 6.1 do not include SMS text messages and you are not required to give us your consent to receive any SMS text messages as a condition of using the Sites or Service. You agree that all agreements, notices, disclosures and other Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement. The categories of Communications that may be provided by electronic means include:
- changes to this Agreement including any amendments, modifications, or supplements.
- disclosures or notices provided in connection with the Products, including any required by Applicable Law.
- any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Products; and
- any other communication related to the Sites or Products.
Although Align reserves the right to provide Communications in paper format at any time, you agree that Align is under no obligation to do so unless you first notify us, in writing, of your decision to opt out of receiving Electronic Communications and request Communications in a paper format. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to enter into this Agreement electronically, you may not use the Sites or Service.
6.2 Timing of Communications. Any Communications will be deemed to have been received by you no later than five (5) Business Days after Align sends it to you by email or posts it on the Sites, whether or not you have received the email or retrieved the Communication from the Sites. An electronic communication by email is considered to be sent at the time that it is directed by Align’s email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
6.3 Updated Contact Information. You agree to promptly update your Application and/or Contact Information if such information changes so that Align may contact you electronically. You may update your Application and/or Contact Information, such as your email address, as described in Section 5 of this Agreement. You understand and agree that if Align sends you an electronic Communication, but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Align will be deemed to have provided the Communication to you.
6.4 System Specifications. In order to access, view, and retain electronic Communications that Align makes available to you, you must have access to: (a) a computer with an Internet connection; (b) a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled; (c) Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format; (d) sufficient electronic storage capacity on your computer’s hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (e) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.
6.5 Reservation of Rights. Align reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions under which Align provides electronic Communications. Align will provide you with notice of any such termination or change as may be required by law.
7. The Service
7.1 Description of the Service. The Sites provide a platform that allows you to submit applications and receive quotes for the Products using a combination of your Application and/or Contact Information which, if satisfactory, qualifies you to receive a quote for the Products. You may use the Service to submit an Application and request a quote at any time by providing Align with the required Application Information using the Free Quote portion of the Sites currently found at https://www.helloalign.com/customer/applications/new. Application Information includes but is not limited to your name and address, date of birth, phone number, current credit score, amount and intended purpose of funding sought, personal financial information and educational information (the “Application Information”). You agree to provide true, accurate, current and complete Application Information. By providing the Application Information to Align, you authorize us to prepare a quote for the Products based solely upon the Application Information. Align reserves the right to obtain this information at any time during your use of the Service or Products until either you or Align terminate its rights under this Agreement. If any of the Application Information does not match information we subsequently obtain from third-party sources pursuant to this Agreement or any subsequent agreement entered into between you and us, you may elect to modify any of the Application Information. You further acknowledge and agree that, by providing your express authorization pursuant to your submission of the Application Information through the Free Quote portion of the Site, Align may, with your consent, request a credit report on your behalf from third-party credit reporting services.
7.2 Our Use of the Application Information. You authorize us to use and access the Application Information for all purposes related to the Service and/or Products, provided that such use and access by us shall be used solely for the purpose of providing the Service and/or Products to you. Application Information shall remain available to you during the Term, but any information obtained from you during the Term shall remain the property of Align.
7.3 No Fees. We do not charge you any fee for the Service.
8. Right to Monitor
Align neither actively monitors general use of the Sites under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through the Sites. However, Align does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Company's sole discretion, may be illegal, may subject the Company to liability, may violate this Agreement, or are, in the sole discretion of Align, inconsistent with Align's purpose for the Sites.
9. No Ownership Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Sites is provided by third party content providers, Align has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers on the Sites are those of such third party suppliers. Align does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Sites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Align.
10. Limited License; Restrictions on Use
10.1 Limited License and Site Access; All Rights Reserved. The Sites are controlled and operated by Align Income Share Funding, located at 30 N. LaSalle St., Suite 1725, Chicago, IL 60602. All material on the Sites, or any other website owned, operated, licensed or controlled by Align, including, but not limited to images, illustrations, audio clips, and video clips (“Align Material”), is the intellectual property of Align or of other parties that have licensed their material to Align. Unless granted written permission by Align, Align Material may not be used for nonpersonal or commercial purposes and may not be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way. Align hereby grants you a limited license to access and make personal use of the Sites, but not to download (other than page caching) or modify the Sites, or any portion of the Sites, except with express written consent of Align. This license does not include any resale or commercial use of the Sites or the Content; any collection and use of any listings, descriptions, or prices; any derivative use of the Sites or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Align. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Align without Align’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Align’s name(s) or service marks without the express written consent of Align. We (or the respective third party Align of Content) retain all right, title, and interest in the Sites and any Content, features, Products and Services offered on the Sites, including any and all intellectual property rights. We (or the respective third party Align of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Align.
10.2 No Modification of Align Material. You are not to modify any Align Material. Modification of Align Material, including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of any Align Material for any purpose is a violation of this Agreement as well as laws protecting copyrights and other proprietary rights. For purposes of this Agreement, unless granted written permission by Align, the use of any Align Material on any other computer related environment is prohibited.
11. Copyright; DCMA
11.1 Copyright. Except as otherwise expressly stated, all Content appearing on the Sites is the copyrighted work of Align or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Align and is protected by U.S. and international copyright laws.
You may download information from the Sites and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Sites, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Align or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Align. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Align does not warrant or represent that your use of Content, Products and Services or any other materials displayed on the Sites will not infringe rights of third parties.
11.2 Copyright DMCA. Align respects the intellectual property of others, and we require our users to do the same while using the Sites. Align reserves the right to determine what constitutes inappropriate behavior and to ban offenders at its sole discretion and/or take other action against users who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- A physical or electronic signature of person authorized to act on your behalf of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Align to locate the material;
- Information reasonably sufficient to permit Align to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to:Align Income Share Funding
30 N. LaSalle St. Suite 1725
Chicago, IL 60602
12. Your Use of the Service
12.1 Use of Service in Accordance with this Agreement and Applicable Law. You will not use the Sites or Service for any illegal purpose. You will only use the Sites or Service in accordance with the terms and conditions of this Agreement and Applicable Law.
12.2 Responsibility for Application Information. You hereby acknowledge and agree that you are responsible for maintaining accurate and current Application Information. If you believe that your Application Information or a device that you use to access any Site has been lost or stolen, that someone is using the Service using your Application Information without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately at info@Alignfunding.com.
12.3 Prohibited Use. Any use or attempted use of the Sites (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Sites, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Align to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Align, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Sites, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Align representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Sites’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Sites by using framing, mirroring or similar navigational technology or directly link to any portion of the Sites other than the main homepage in accordance with the Limited License and Site Access outlined above;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; or
- Use any robot, spider, scraper, or other automated or manual means to access the Sites, or copy any content or information on the Sites.
You agree to release, indemnify, and hold harmless Align and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Site or Service; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (c) your violation of any Applicable Law; or (d) your failure to provide and maintain true, accurate, current and complete Application Information and Contact Information.
14. Warranties and Disclaimers
14.1 Limitation of Liability. YOU UNDERSTAND AND AGREE THAT NEITHER Align NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITES, SERVICE OR THIS AGREEMENT, EVEN IF Align HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SITES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITES, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES AND SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE Align DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14.2 No Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND SERVICE IS AT YOUR SOLE RISK. THE SITES, SITE CONTENT AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, Align, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE SITES AND SERVICE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITES, SITE CONTENT OR SERVICE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITES OR ACCESSED THROUGH THE SITES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICE; (6) WARRANTIES THAT YOUR USE OF THE SITES OR SERVICE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (7) WARRANTIES THAT ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED.
Align does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with the Sites. If your use of the Sites or the materials, services, text, graphics, and or links associated with the Sites results in the need for servicing or replacing equipment or data, Align is not responsible for those costs.
15. Term and Termination
15.1 Term. This Agreement shall commence on the date You first access the Site or use the Service and remain in effect until either Party terminates this Agreement in accordance with the terms hereof (the “Term”).
15.2 Termination Rights of Align. Align may terminate this Agreement at any time in its sole discretion.
15.3 Your Termination Rights. You may terminate this Agreement at any time by ending your use of the Site and the Service and notifying Align at info@Alignfunding.com.
16. General Terms
16.1 Waiver. The waiver by Align of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
16.2 Governing Law; Consent to Jurisdiction; Waiver of Jury Trial. This Agreement will be deemed entered into in Illinois and will be governed by and interpreted in accordance with the laws of the State of Illinois, excluding without regard to conflicts of law. The Parties agree that any dispute arising under this Agreement will be resolved in the state or federal courts in Cook County, Illinois, and the Parties hereby expressly consent to jurisdiction therein. The parties irrevocably waive any and all rights to a trial by jury. Notwithstanding any provision hereof, if you are approved for an ISA, your ISA will be separately governed by the law set forth in the ISA.
16.3 No Agency Relationship. Neither this Agreement, nor any Content, materials, features, or Products and/or Services of the Sites create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
16.4 Third Party Beneficiaries. Except as limited by Section 16.7, this Agreement and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
16.5 Entire Agreement. This Agreement, as may be amended from time to time, and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
16.6 Survival. All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, Sections 10, 11, and 13 through 16 and definitions herein as applicable to interpretation of the foregoing shall survive the termination of this Agreement.
16.7 Severability. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
16.8 Assignment. Neither this Agreement nor any rights hereunder may be transferred or assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Align may assign this Agreement or any rights hereunder without consent: (i) to an entity that acquires all or substantially all of its stock, assets or business; or (ii) to an Affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.
16.9 Contacting Us. If you have any questions about this Agreement, please contact us as described on https://www.helloalign.com/ or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.Align Income Share Funding
30 N. LaSalle St. Suite 1725
Chicago, IL 60602