AlignAct Terms of Service

Thank you for visiting AlignAct! We are a free grassroots advocacy platform dedicated to empowering everyone to advocate for freedom.

Please read these Terms of Service (“Terms”) carefully as they contain important information about the terms on which you are bound when you use the site.

The www.AlignAct.com website (“Site”) is operated by AlignAct LLC], (“AlignAct”, “we”, “us” and “our”), and these legally binding Terms govern your  use of the services made available through the Site (together with the Site and AlignAct Content, the “Services”) and your relationship with us. By accessing or using the Site or Services, you are accepting and agreeing to these Terms with AlignAct, and you represent and warrant that you have the right, authority and capacity to enter into these Terms. Please note that you may not access or use the Services if you are not at least 18 years old. If you do not agree to these Terms or any of its parts, please do not access or use the Services.

In these Terms, the word “you” refers to the user of our Services who is reading this and also to any third party on whose behalf they are using our Services (such as the user’s employer). Such third parties are bound by these Terms, and it is prohibited to use our Services on behalf of such third parties without having authority from them to enter into these Terms on their behalf.

NOTE: IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A REQUIREMENT TO RESOLVE DISPUTES WITH ALIGNACT THROUGH FINAL AND BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DESCRIBED IN SECTION 15. PLEASE REVIEW SECTION 15 CAREFULLY.

We may change these Terms from time to time. If we do, we will post a revised version of the Terms on the Site and update the “Effective Date” below. We reserve the right to update these Terms from time to time in our sole and absolute discretion. You agree to be bound by such updated Terms as soon as they are made.  All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you. To reject the updated Terms, you must (i) permanently discontinue use of the Services and (ii) write to us at 67 South Higley Road, STE 103-624, Gilbert Arizona 85296  with a clear request to terminate your account. If the revised version of the Terms includes a change to the substance of section 15 (“Arbitration and Class Action Waiver”), then that change will not take effect until thirty days after it has been made, as described in the “Changes to the Arbitration and Class Action Waiver Section” paragraph in section 15 below.

1. Who We Are and What We Do

AlignAct’s Services allow an individual or entity (the “Organizer”) to create, organize and promote an advocacy campaign (“Campaign”) to raise awareness about an issue (“Cause”), solicit related support and engagement (each, an “Action”) and donations (“Donations”) from individuals (“Advocates”), and communicate with Advocates. We also facilitate other communications with Advocates and others, including political or issue-based messaging.

2. Registration

Registering Your Account. In order to access certain features of the Services, you may be required to become an Authorized User. An “Authorized User” is a user who has registered an account on the Services (“Account”) or has a valid account on a social networking service (“SNS”) through which the user has connected to the Services (each such account, a “SNS Account”).

Access Through a SNS. If you access the Site through an SNS, you may link your Account with SNS Accounts by allowing us to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to grant AlignAct access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating us to pay any fees or making AlignAct subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your SNS Accounts at any time by accessing the Settings section of the Site. YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAYBE PROVIDED TO US BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNTS.

Registration Data. In registering an Account on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are of legal age to form a binding contract and not a person barred from using the Site under the laws of any applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify AlignAct immediately of any unauthorized use of your password or any other breach of security. AlignAct, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Site. You agree not to create an Account if you have been previously removed by AlignAct.

Your Account. You have no ownership or other property interest in your Account, and all rights in and to your Account are and will forever be owned by and inure to the benefit of AlignAct.

3. Some General Obligations

You must comply with the law. You may not take any action that infringes or violates anybody’s rights, violates the law, or breaches any contract or legal duty you owe to anyone, such as using the Services for Causes that are illegal.

You must be truthful. You may not post information you know is false, misleading, or inaccurate. You may not use the Services to deceive others or commit fraud.

You must respect others. You may not threaten, abuse, harass or defame anybody, or do anything that, in our sole discretion we believe is or could be considered racist, libelous, tortious, obscene, profane,  abusive, invasive of another person’s privacy, or otherwise objectionable.

You may not spam. You may not use the Services to distribute commercial advertising or promotional material, or any junk mail, spam, or chain letters.

You may not harm another person’s computer. You may not distribute software viruses, malicious code, or anything that is designed to interfere with the proper function of any software, hardware, or equipment.

You may not interfere with the Site. You may not bypass any measures that we have in place to secure the Services, take any actions to gain unauthorized access to our system, data, passwords, or other users of the Services.

You are responsible for your content. You are solely responsible for all information, materials, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data, materials, and content, including the selection and arrangements thereof, that you create on the Services, upload to the Services or otherwise provide or handle using the Services, whether created by you or another person (collectively, “User Content”).

Representations and Warranties. You represent, warrant and covenant that: (a) all information and User Content you provide in connection with a Campaign is accurate and complete; (b) you own all right to or have the requisite consents and licenses to post and display the User Content and to grant us the licenses granted in these Terms; (c) your User Content does not and will not infringe any third party’s intellectual property rights, proprietary rights, privacy, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (d) we will not need to obtain any licenses, rights, consents or permissions from, or make any payment to, any party for any use of your User Content or have any liability to a third party as a result of any use of your User Content.

License to your User Content. You hereby grant AlignAct a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on your User Content, in whole or in part, in any media.

No commercial advertising. You may not use the Services for commercial promotional or advertising activities, such as advertising your products or services. You may not use the Services to offer any contest, competition giveaway, sweepstake, financial promotion, or similar activity.

4. Additional Obligations of an Organizer

Representations and Warranties. You represent, warrant, and covenant that: (a) all Donations contributed to your Campaign will be used as described in the materials you posted on the Services or otherwise provide; and (b) you will comply with all relevant and applicable financial reporting obligations, including but not limited to legal obligations relating to tax reporting, political contribution, charitable donations, and asset disclosures for your Campaign.

Taxes. It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report, or remit the correct taxes, if any, to the appropriate tax authority. It is also your responsibility to remit any receipts necessary to any Advocate that has provided you with a Donation.

No data of minors. AlignAct is not for use by individuals under 18 years of age. You may not use the Services to collect information from, or otherwise engage with, individuals you believe are under 18 years of age.

5. Additional Obligations of Advocates

All Donations are at your own, sole, risk. Donations are non-refundable. When you make a Donation through the Services, it is your responsibility to perform diligence on the Organizer soliciting the donation from you and understand how your money will be used. AlignAct is not responsible for any offers or promises made or by Campaigns or Organizers. We have no obligation to verify the information that Organizers supply. We do not represent or guarantee that the Donations will be used in accordance with any fundraising purposes described by an Organizer. AlignAct has no liability with respect to any Donations made by you.

6. AlignAct’s Role

AlignAct provides a free-to-use  platform for Organizers to create Campaigns and for Advocates to discover and learn about Campaigns. AlignAct is not the creator of any Campaigns listed on its Site. Rather, AlignAct provides the Services for users to interact. We do not endorse any Campaigns, Causes, or User Content.

We do not provide tax or legal advice. Our Services do not provide financial, legal, tax, or other professional advice. Before making any decisions regarding any Campaigns, Causes, or Donations, you should consult your financial, legal, tax, or other professional advisor as appropriate.

Third-party sites. Our Site may contain links to other websites (for example, Causes, user profiles, and comments may link to other sites). When you access these third-party websites, you do so at your own risk. We do not control or endorse those sites.

AlignAct’s Rights Concerning Your Account. AlignAct has the right, but not the obligation, to monitor your account and any Campaign, Cause, or User Content.

AlignAct reserves the right to suspend or terminate any Campaign or any account with or without notice for any reason or for no reason, in our sole discretion. AlignAct reserves the right to transfer control of your account (and all of the User Content and account information related to it) to another individual or entity if AlignAct believes, in its sole discretion, that this is appropriate or legally required. If there is a dispute between two or more persons or entities as to account ownership, AlignAct has the right, but not the obligation, to be the sole arbiter of that dispute and its decision (which may include termination or suspension of the account) will be final and binding on those parties.

We may allow Organizers to manage sub-Organizers for a particular Campaign. The sub-Organizers are referred to as “Members” of the managing Organizer’s Campaign. We may allow a managing Organizer to terminate a Member’s participation in the Campaign or assume control of the account of the Member with respect to the Campaign.

You acknowledge and agree that AlignAct will have no obligation to provide you with any support or maintenance in connection with the Services. AlignAct reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice for any or no reason, in our sole discretion. You agree that AlignAct will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

7. Additional Rules for Communications

AlignAct may make available to you features and tools that allow you to contact your Advocates, other users of the Services, or third parties through email or other communication channels. If you use those features and tools, or if you communicate through other means in connection with a Campaign, Cause, Issue, or the Services, you represent, warrant and agree that: (a) you have all right, authority, and consent necessary to send the communication to the recipients; (b) the contact information was gathered in accordance with applicable legal requirements, including those in force where the recipient is located; (c) your communications are not sent in violation of any privacy policy or legal requirement; (d) you will only use the Services to promote the Campaigns and Causes listed on the Services; (e) you will not use false or misleading headers, deceptive subject lines, or other deceptive material in your communications; (f) you will respond immediately and in accordance with instructions sent to you by AlignAct requesting you to modify and comply with a recipient’s contact preferences; and (g) you will provide an accessible and unconditional unsubscribe or opt-out link in every email and other communication where is legally required, and (h) you will not send any communication to any recipient who has opted out of such communication.

When you use third-party services or encourage use of such services (such as by posting about a Campaign on a social network, or encouraging Advocates to do so), you must comply with the terms and conditions of such services.

8. Payment Processing Services

We partner with a third party to facilitate the processing of payment card transactions. As of the Effective Date, this third party is AlignPay. When you provide or receive Donations, you are interacting with the third party, not AlignAct, and you are agreeing to the third party’s terms and privacy notices, including terms relating to AlignPay’s fees. Donations will be handled and processed by the third party, and AlignAct has no liability for the Donations or for any loss or damage relating to Donations.

9. Privacy and User Information

General. You consent to our collection, use, disclosure, and other handling of information as described in our Privacy Policy, as updated by us from time to time. Our Privacy Policy forms part of and is expressly incorporated into these Terms by reference.

You must respect the privacy of others. When you create a Campaign or use the Services in other ways, you may receive information about Advocates, such as names, email addresses, physical addresses, and User Content they create or provide. You may use and disclose this information only in compliance with law, and only for your Campaign and the Cause, and not for other purposes, such as commercial marketing. You may not sell this information.

Personal data of third parties. To the extent you disclose or provide any personal data of any third party to us to use the Services (for example, if you use the Services to send emails), such as names, email addresses, physical addresses, and phone numbers of your personal contacts, you represent and warrant that you have all rights and consents necessary and required under applicable law, to provide such data to us and allow us to use and otherwise handle such information as permitted by these Terms.

10. AlignAct Intellectual Property

Our content. You acknowledge that the Services and all content on our Site may be protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. Other than your User Content, the content made available through the Services (“AlignAct Content”) is the exclusive property of AlignAct or its licensors and is protected by law.

Images for your use. From time to time, we may make certain images or other content, such as video or audio, available for use in connection with your Campaigns (“Content Library”). You may use the Content Library only through the Services, only in connection with your Campaigns, and only subject to any additional licensing terms we disclose for the particular content. You may not modify the content or remove any copyright or marks from the content.

Restrictions and limitations. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any AlignAct Content unless we give you explicit permission to do so. Any rights not expressly granted herein are reserved.

11. Copyright Infringement

AlignAct complies with applicable intellectual property laws and has a policy of terminating the accounts of repeat infringers. To assist with this policy, AlignAct follows a take-down procedure for purported copyright infringement. If you believe that your work has been used in a way that constitutes copyright infringement, please provide the following information to the AlignAct Copyright Agent:

1. a description of the copyrighted work that you claim has been infringed;
2. a description of where the material that you claim is infringing is located on the Website or other Services;
3. your address, telephone number and email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on such owner’s behalf.

The AlignAct Copyright Agent can be reached as follows: DMCA@AlignAct.com. If we remove or disable access in response to such a notice, or plan to, we may notify the user responsible for the content so that they can object to your request.

12. Indemnity

You will defend and hold harmless AlignAct, its subsidiaries and affiliates and each of their respective officers, directors and employees from and against any and all claims, causes of action and proceedings brought by a third party relating to (a) your breach of these Terms, (b) your violation of any applicable laws, rules or regulations and (c) your User Content (“Indemnifiable Claim”) and indemnify such parties for any damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) finally awarded against AlignAct as a result of such Indemnifiable Claim, and for amounts paid by AlignAct under a court-approved settlement of the Indemnifiable Claim; provided that, AlignAct: (i) promptly gives you written notice of the Indemnifiable Claim; (ii) gives you sole control of the defense and settlement of the Indemnifiable Claim (provided that you may not settle any Indemnifiable Claim without AlignAct’s written consent unless the settlement unconditionally releases AlignAct of all liability and imposes no requirement on AlignAct beyond your payment of a settlement amount) and (iii) provides to you reasonable assistance in defending such Indemnifiable Claim, at your expense.

13. Disclaimer; No Warranty

ALIGNACT HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, ALIGNACT CONTENT, USER CONTENT AND ANY OTHER MATERIALS MADE AVAILBABLE ON, OR THROUGH USE OF, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALIGNACT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALIGNACT AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ALIGNACT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You acknowledge that AlignAct has no control over and does not guarantee the quality, safety, accuracy or legality of any Cause or Campaign, or the truth or accuracy of any information provided by users. AlignAct has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that AlignAct requires to provide the Services, including Stripe.

15. Termination of Your Account

AlignAct may terminate your right to use the Services at any time if: (a) you violate or breach these Terms; (b) you misuse or abuse the Services or use the Services in a way not intended or permitted by AlignAct or (c) allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations, would expose us to legal liability or could harm our reputation.

All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, intellectual property protections, indemnification obligations, disclaimers of warranties, agreements to arbitrate and choices of law).

16. Arbitration and Class Action Waiver

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING BY LIMITING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a. You and AlignAct agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

b. This Section is intended to be interpreted broadly and governs any and all dispute, claims, question, or disagreement between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims between you and us related to interactions between any users of our Services; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms (collectively, “Disputes”).

c. Initial Dispute Resolution: Except for intellectual property and small claims court claims, (i) the parties agree to use good-faith efforts to settle any Dispute directly through consultation with the AlignAct support department, and (ii) a good faith attempt to resolve the Dispute through such consultation shall be a condition to either party initiating a lawsuit or arbitration. You can reach AlignAct’s support department at 67 South Higley Road, STE 103-624, Gilbert Arizona 85296

d. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all Disputes (including, for example, Disputes relating to our Privacy Notice, Disputes relating to our agreement regarding how Disputes will be resolved, and Disputes relating in any other way to these Terms) shall be finally settled by binding arbitration, as described below.

e. Disputes shall be resolved before a single arbitrator administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018 USA; and (c) send one copy of the Demand for Arbitration to AlignAct at 67 South Higley Road, STE 103-624, Gilbert Arizona 85296 by certified mail, return receipt requested Fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses, will be governed by the JAMS arbitration rules and standards, including, if applicable, the JAMS Consumer Arbitration Minimum Standards. Each party is responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. You understand that, absent this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. The arbitration will allow for certain discovery or exchange of non-privileged information relevant to the Dispute, but this right may be more limited in arbitration than in court. If you are a party to the arbitration in your individual capacity and the Consumer Arbitration Minimum Standards apply (as opposed to a situation in which, for example, the arbitration is between AlignAct and an entity), arbitration may take place in the county where you reside at the time of filing. Otherwise, arbitration will take place in Phoenix, Arizona. You and AlignAct further agree to submit to the personal jurisdiction of any federal or state court in Phoenix, Arizona in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.

f. Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ALIGNACT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

g. Exception for Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all Disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for Disputes within the scope of that court’s jurisdiction.

h. 30-Day Right to Opt Out. You have the right to opt out and not be bound by this Section by sending (from the email address you used to create your AlignAct account) written notice of your decision to opt out to info@AlignAct.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” To be effective, the notice must be sent within thirty days of your first use of the Site or the Effective Date of the first version of these Terms to which you were subject, whichever is later. If you opt out of these arbitration and class action provisions as described above, AlignAct also will not be bound by them with respect to any Disputes with you.

i. Changes to the Arbitration and Class Action Waiver Section. AlignAct will provide thirty days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on these Terms, or otherwise notifying you. Amendments will become effective thirty days after such notification, regardless of the Effective Date for the rest of these Terms. Changes to this section will otherwise apply prospectively only to claims arising after such thirtieth day. If a court or arbitrator decides that this "Changes to the Arbitration and Class Action Waiver Section" subsection on is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

j. Jurisdiction. For any Disputes not subject to arbitration or resolution in small claims court, you and AlignAct agree to submit to the personal jurisdiction of a federal or state court located in Phoenix, Arizona.

k. If there is a dispute, claim, question, or disagreement between you and another user of the Services, or between you and any other third party, AlignAct is under no obligation to become involved. In the event of such conflict, you release AlignAct, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such matter. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, must have materially affected his or her settlement with the debtor or released party.”

l. Survival. This Section shall survive any termination of your account or the Services.

17. Other Information

Subcontracting. AlignAct may subcontract all or part of its obligations under these Terms and may share User Content or any other information AlignAct collects under these Terms with the subcontractor for such purpose.

Assignment. AlignAct may assign these Terms, and any right or interest under these Terms, in its sole discretion. AlignAct may transfer the User Content and other information it collects under these Terms in connection with such an assignment. Without limiting the foregoing, AlignAct may share the User Content and other information in connection with an actual or contemplated business sale, merger, consolidation, change in control, transfer of substantial assets, or reorganization.

Governing Law. The Terms and relationship between you and AlignAct shall be governed in all respects by the laws of the State of Delaware without regard to its conflict of laws provisions.

Entire Agreement. These Terms are the entire agreement between you and AlignAct with respect to User Content and the Services. They supersede all other communications and proposals (whether oral, written or electronic) between you and AlignAct with respect to such matters and govern our relationship. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. AlignAct’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Effective Date:  December 6th, 2021