PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU ARE UNWILLING OR UNABLE TO ADHERE THE FOLLOWING TERMS AND CONDITIONS, DO NOT SUBSCRIBE TO THE WEBALIGN SERVICE.
Use of Materials and Website
All content on the WebAlign website (members.convergeaccessibility.com)(“Site”), without limitation, as well as the arrangement of the content, is the exclusive property of and owned by Converge Accessibility LLC (“Converge”), its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws.
As a user of the Site, you must not:
- Download, gather, record or copy any content on this Website except as specifically authorized, either manually or through the use of automated technologies (such as any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, or utility).
- Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
- Engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
- Attempt to circumvent the security systems of the Website.
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any server associated with this Website.
- Attempt to use the Website for any purposes other than those intended by Converge, as determined by Converge in its sole discretion.
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
Some features of this website may require registration and/or use of a password. By registering, you agree to provide true, accurate, current, and complete information. You are responsible for protecting your password and responsible for statements made and omissions that occur through the use of your password. You or third parties acting on your behalf are not permitted to use proprietary marks of Converge without our written permission, unless according to exceptions described in the site.
Description of Service
Converge provides you with access to view and/or download a collection of resources, products and services through the WebAlign website (“WebAlign”). Unless explicitly stated otherwise, any updates, new features or new products shall be subject to the Terms.
Subscriptions and Renewals
Your right to access and use the materials, documents, and information through WebAlign is made available on a subscription basis during the subscription term from the date of purchase. At the end of the subscription, you will be invoiced for an additional subscription term. Failure to renew your subscription before the expiration of your existing term will immediately terminate your access to WebAlign.
You may cancel your subscription at any time by emailing email@example.com or by calling (425) 390-4605 and providing your name, email address, and subscription date. If you choose to cancel your subscription, you will no longer receive renewal notifications but will be able to continue using WebAlign until the end of your current term. No refunds (either full or pro-rated) are available once a subscription has been purchased except in highly unusual circumstances and solely at the discretion of Converge.
WebAlign contains links to other websites owned and operated by third parties. Such links are provided for your convenience. WebAlign has no control over such linked sites and has no responsibility or liability for the policies and actions of third parties.
All materials on WebAlign (”WebAlign Materials”), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, blog posts, audio clips, themes, video clips, software, and other elements making up WebAlign are protected by copyrights, trademarks and other intellectual property rights owned and controlled by Converge or by other third parties. Except as specifically provided herein, no WebAlign Materials may be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or resold in any way, or otherwise used for any purpose, without the prior written permission of Converge or the respective owners. Unless otherwise specifically allowed by these Terms, you may not add, delete, distort, or otherwise modify the content or the products provided by this site. Any unauthorized attempt to modify any WebAlign Material, to defeat security features, or to utilize this site for other than its intended purposes is strictly prohibited.
WebAlign and its respective logos, product names and service names are trademarks of Converge. All other trademarks appearing on WebAlign are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
Disclaimer of Warranties
You expressly understand and agree that:
- Your use of WebAlign is at your sole risk. WebAlign is provided on an “as is” and “as available” basis. Converge expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Converge makes no warranty that (i) WebAlign will meet your requirements, (ii) WebAlign will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of WebAlign will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through WebAlign will meet your expectations, (v) any errors in WebAlign will be corrected, (vi) or that this web site, its content, products and the servers on which the web site, products and content are available are free of viruses or other harmful components.
- Any material downloaded or otherwise obtained through the use of WebAlign is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Converge or through or from WebAlign shall create any warranty not expressly stated in the terms.
- WebAlign may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by Converge or by third-parties. Due to the number of sources from which content in this site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose.
- Information, products and/or created by third parties that you may access on WebAlign or through links is not adopted or endorsed by Converge and remains the responsibility of such third parties.
Limitation of Liability
You expressly understand and agree that with regard to the content, products and services available through this site, in no event shall Converge or its owners, officers, directors, employees, agents, successors, subsidiaries, affiliates, distributors or third parties providing information on this site be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Converge has been advised of the possibility of such damages). This paragraph shall also apply to (i) the use or the inability to use WebAlign; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, products or services purchased or obtained or messages received or transactions entered into through or from WebAlign; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on WebAlign; or (v) any other matter relating to WebAlign.
The failure of Converge to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of WebAlign or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify, defend and hold Converge harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
No Attorney-Client Relationship
Use of WebAlign or any communications with WebAlign or Converge Accessibility shall not constitute an attorney-client communication or form the basis for an attorney-client relationship between you and WebAlign, Converge, or any of its principals. This paragraph does not include communications made by attorneys (or their agents) not affiliated with WebAlign or Converge and in furtherance of an existing attorney-client relationship.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
Choice of Law and Forum
This Agreement will be governed by the laws of the State of Washington. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Washington and you agree to personal jurisdiction by the state and federal courts sitting in the Western District of Washington. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
Discontinuation of Service
Converge reserves the right to refuse, terminate, or restrict service or services available through WebAlign to any user for any reason or no reason at all.
Converge reserves the right to modify WebAlign’s pricing without prior notice or consent. This will not affect existing subscriptions during the term of their subscription but may affect subscription renewals.
Converge anticipates frequent updates to the information provided by WebAlign. Converge reserves the right to modify, change, cancel or upgrade such content without prior notice or consent.
Converge may occasionally send you emails related to WebAlign or other products or events from our company. We may also send you occasional email newsletters relating to any WebAlign product updates, promotions and the like. We will never sell or release your email to any third-party vendors. You may opt out of these emails at any time without penalty.
This Agreement and any other terms and conditions of service on any Converge property constitute the entire agreement between you and Converge and govern your use of WebAlign.