Terms of Service

Terms of Service for www.alignflow.com

Welcome to www.AlignFlow.com, a website (the "Site") maintained by In Hand Health, LLC ("IHH"). Please read the following terms and conditions regarding the use of the Site before entering or using the Site. By accessing, downloading or using any information, documents, software and products ("Materials") from the Site, you agree to be bound by the terms and conditions ("Terms of Service") that follow. If you do not intend to be bound by such Terms of Service, please do not visit or use the Site.

The Site is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with IHH and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Use of Site

IHH authorizes you to view and download the Materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. You may not modify the Materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these Materials on any other website or networked computer environment for any purpose is prohibited. The Materials at this Site are copyrighted and any unauthorized use of any Materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms of Service, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Use of Software and Apps

Any software or applications (each an "App") that are made available to download from this Site or IHH are the copyrighted work of IHH and/or its suppliers. Use of the Apps is governed by the terms of the end user license agreement or terms of services, as applicable, which accompanies or is included with each of the Apps ("App Terms"). In the event of any conflict between these Terms of Service and the applicable App Terms, the applicable App Terms shall control with respect to your use of the particular App. You may not download, install, or use any Apps that is accompanied by or includes App Terms unless you have read and accepted the App Terms. Reproduction or redistribution of any of the Apps is prohibited except as provided for in the applicable App Terms.

Prohibited Use

You may use the Site and Apps only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site or Apps:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate IHH, an IHH employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm IHH or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site or Apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site or Apps.
  • Use any robot, spider or other automatic device, process or means to access the Site or the Apps for any purpose, including monitoring or copying any of the material on the Site or the Apps.
  • Use any manual process to monitor or copy any of the material on the Site or the Apps or for any other unauthorized purpose without IHH’s prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site or the Apps.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or the Apps, the server on which the Site is stored, or any server, computer or database connected to the Site or Apps.
  • Attack the Site or Apps via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site or Apps.

Disclaimers

IHH assumes no responsibility for accuracy, correctness, or content of the Materials provided on this Site. You should not assume that the Materials on this Site are continuously updated or otherwise contain current information. IHH reserves the right to change the Materials at any time without notice. Mention of non-IHH products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

All information provided on this site is provided "as is" and IHH assumes no responsibility for the accuracy of the content and assumes no responsibility to you or any third party for any errors or omissions of any kind in the content. IHH disclaims all warranties and/or conditions, express or implied, as to the content and to any matter relating to the site, including, without limitations, warranties and/or conditions of non-infringement of intellectual property rights, merchantability and fitness for a particular purpose.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site or Apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APPS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, THE APPS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND APPS IS AT YOUR OWN RISK. THE SITE, APPS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IHH NOR ANY PERSON ASSOCIATED WITH IHH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR APPS. WITHOUT LIMITING THE FOREGOING, NEITHER IHH NOR ANYONE ASSOCIATED WITH IHH REPRESENTS OR WARRANTS THAT THE SITE, APPS, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APPS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, APPS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

IHH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

In no event shall IHH, ITS AFFILIATES or any of their suppliers, 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 Site, any websites linked to it, the Apps, or any content on the Site, Apps or such other websites or any services or items obtained through the Site, Apps or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages including, without limitation, personal injury, pain and suffering, emotional distress, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this site or any IHH products or services, damages resulting from use of or reliance on the information or materials presented on this site, whether based on warranty, contract, tort (including negligence) or any other legal theory even if IHH or its suppliers have been advised of the possibility of such damages, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Trademarks

The trademarks, logos and service marks ("Trademarks") displayed on this Site are the property of IHH or other third parties. You are not permitted to use these Trademarks in any manner, publicly or privately without the prior written consent of IHH or such third party which owns or may own the Trademarks. Trademarks of IHH include but are not limited to "IHH," and IHH logos. The absence of a product or service name or logo from this list does not constitute a waiver of the Trademark or other intellectual property rights of IHH or other third parties concerning that Trademark.

User Submissions

IHH does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. IHH will have no obligations with respect to the Communications. IHH and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to IHH for the purpose of receiving products or services will be handled in accordance with the IHH Privacy Policy.

Content Standards

These content standards apply to any and all Communications or other methods of posting information to or through the Site or Apps ("Contributions"). All such Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and the IHH Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Links to Other Sites

This Site may contain links to websites maintained by third parties. These third party sites are not under the control of IHH and does not monitor or review the content of such sites. Access to such websites is at your own risk and IHH is not responsible for the accuracy or reliability of information, data, opinions, advice or statements made on such sites. IHH provides these links merely as a convenience and the inclusion of such links does not imply in any way an endorsement.

Indemnity

You agree to defend, indemnify and hold IHH, its affiliates, subsidiaries, licensors, directors, officers, shareholders, managers, members, employees and representatives harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Service by you or users of your account, or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account.

No Refunds

REFUNDS WILL NOT BE PROVIDED FOR ANY LICENSE OR SUBSCRIPTION. AlignFlow DOES NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR CANCELATIONS BEFORE THE END OF TERM. In such a circumstance, you will continue to have access to your Subscription until the end of the billing term.

General

All matters relating to the Site, the Apps, and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction). You irrevocably submit, consent, and agree to the exclusive venue, jurisdiction, and personal jurisdiction of any Federal or State court located in Johnson County, Kansas for the purpose of any claim brought against IHH under these Terms of Service or your use of the Website or Apps. These Terms of Service, including, without limitations, the IHH Privacy Policy, and other documents referenced herein, constitute the entire agreement between IHH and you with respect to your use of this Site. IHH's failure to insist upon or enforce strict performance of any provision of these Terms of Service does not constitute a waiver of any provision or right. If any of these Terms of Service is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. IHH may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes.