TERMS OF SERVICE
I. Acceptance of Terms
II. Non-Commercial Use
The materials, products and services provided on web pages owned and/or controlled by Rider Aligner, including the information and any images incorporated in Rider Aligner’s Products are for your private personal non- commercial use only. You may not, without prior written consent from Rider Aligner, modify, republish, post, copy, display, perform, reproduce, license, create derivative works from, sell or transmit anything you obtain or download from the web pages, manuals, documents, instructions, source codes, and the likes owned and/or controlled by Rider Aligner.
Rider Aligner ‘s Products are intended for use and access solely by those individuals that are thirteen (13) years of age and older. By using and/or accessing Rider Aligner’s Products, you represent and warrant that you have the right and capacity to enter into this agreement. Furthermore, you represent and warrant that you will, at all times, abide by all terms and conditions contained within this TOS agreement and any other associated agreement and that:
- i) all registration information you provide is truthful and accurate;
- ii) you will update the registration information as necessary to maintain its accuracy;
- iii) you are at least thirteen (13) years of age; and
- iv) your use of Rider Aligner’s Products does not violate any applicable law.
Rider Aligner reserves the right, at its sole discretion, to immediately terminate your account if Rider Aligner believes you are under the age of thirteen (13).
IV. Your Content
Through use of Rider Aligner’s Products, you may be provided access to a variety of resources and content. Rider Aligner’s Products, including any updates, enhancements, add-ons, improvements, additional features, upgrades and/or the addition of any new functionality are subject to this TOS.
Through use of Rider Aligner’s Products, you may be provided the capability to submit images, photos, license or registration information, reviews, messages, posts, public profile information, downloadable products, offers for the sales of goods and/or services, votes or other content (hereinafter, “Your Content”). You are solely responsible for Your Content and no ownership rights are created in Rider Aligner by way of you submitting Your Content to Rider Aligner. Once provided, Rider Aligner may or may not provide means for you to remove all or a portion of Your Content. Your responsibility related to Your Content includes anyone’s reliance upon the quality, accuracy or reliability of Your Content. Furthermore, you hereby assume all risk related to Your Content and to anyone’s use of Your Content. Additionally, by submitting Your Content, you are representing and warranting that you have the right to submit Your Content. This includes representing and warranting that Your Content:
- i) is not false or misleading;
- ii) is only placed in applicable categories, forums or lists on the Site;
- iii) is not defamatory; or
- iv) does not violate any third-party’s trademarks, patents, copyrights, trade secrets, moral rights, privacy rights, rights of publicity or any other intellectual property, contractual or other proprietary right.
You also represent and warranty that Your Content is not:
- i) unlawful in any manner;
- ii) comprised of speech that may violate laws related to hate speech;
- iii) pornographic material;
- iv) material that harms or otherwise exploits minors;
- v) content, except as allowed by local, state and federal law, related to the sale or trade of regulated articles, including, firearms and other dangerous weapons, ammunition, tobacco, alcohol, alcoholic beverages, and controlled substances;
- vi) content related to dating or sexual activities of individuals under the age of eighteen (18);
- vii) content related to the use of alcohol targeted at individuals under the age of twenty-one (21);
- viii) content related to prostitution or the exchange of sexual or erotic services for pecuniary gain;
- ix) content that encourages or promotes the suffering or death of any individual or animal, including, but not limited to, torture, rape, physical abuse and violence;
- x) content that is derogatory or inflammatory to any individual or group based on sexual orientation, disability, race, color, ethnicity, religion, age or gender;
- xi) content related to or promoting gambling, including games of chance, sports betting, operations similar or equivalent to those found at casinos and card games;
- xii) content related to or promoting illegal activities, including chain letters, pyramid schemes, sweepstakes (except as otherwise provided for in this Agreement), trafficking, sale or trade of false documents or credentials;
- xiii) content that contains harmful functionality, including, but not limited to, viruses, Trojans, worms, spyware and adware;
- xiv) subversive to the government or other organization in a manner prohibited by law; or
- xv) in violation of any applicable law or regulation.
By submitting Your Content, you are providing Rider Aligner a worldwide, non-exclusive, royalty-free, paid-up, irrevocable license in Your Content with the right to sublicense or transfer all or a portion thereof of the aforementioned rights for any purpose. Further, you irrevocably grant users of Rider Aligner’s Products the right to access Your Content. You also agree to waive any claims or assertions against Rider Aligner, its affiliates and users of moral rights with respect to Your Content.
V. Company’s Use of Your Content
By way of the aforementioned license you have granted to Rider Aligner in relation to Your Content, you agree that Rider Aligner and its affiliates may use Your Content in a variety of ways, including, but not limited to:
- i) publicly displaying Your Content;
- ii) changing or manipulating Your Content for use with Rider Aligner’s Products;
- iii) distributing Your Content; and
- iv) promoting Your Content.
You shall not be entitled to any compensation or remuneration for Rider Aligner’s use of Your Content in any manner. Furthermore, Rider Aligner is not required to, nor will Rider Aligner, credit you, your ownership or rights in Your Content when Rider Aligner utilizes your content in the aforementioned manners.
VI. Removal of Content
Rider Aligner reserves the right to remove or alter some or all of Your Content, at Rider Aligner ‘s sole discretion, without liability and without notice to you. Rider Aligner is not required to maintain or provide a copy of Your Content in its original form, nor does Rider Aligner agree to any confidentiality or provisions of non-disclosure with respect to Your Content.
If you believe your work has been copied and posted on or through Rider Aligner’s Products in a way that constitutes copyright infringement or infringement of any other applicable intellectual property law (hereinafter referred to as the “Offending Material”), please send Rider Aligner’s Copyright Agent a notification of claimed infringement with all of the following information: (i) identification of the Offending Material, or, if multiple Offending Materials are covered by a single notification, a representative list of such works; (ii) identification of the Offending Material and information reasonably sufficient to permit us to locate the Offending Material (e.g., providing URL(s) where the Offending Material may be found); (iii) information sufficient for us to contact you (e.g., address, telephone number and/or an email address); (iv) a statement by you that you have, in good faith, a belief that the Offending Material’s use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner, or are authorized agent of owner, of the Offending Material; and (vi) your physical or digital signature.
Rider Aligner’s Copyright/Trademark Compliance Agent can be reached by sending a letter, via electronic mail (email) to:[firstname.lastname@example.org]
VII. User Accounts
Rider Aligner may require you to open an account and provide certain registration information as prompted by one or more registration forms. You are responsible for maintaining the confidentiality of your personal information (including but not limited to passwords, usernames and e-mail addresses) provided to Rider Aligner. You are
entirely responsible for any and all activities that occur on your account. Rider Aligner is not liable for any loss that you may incur as a result of someone else’s misuse of your account or password, either with or without your knowledge. Furthermore, you may be liable for losses incurred by Rider Aligner, its affiliates, representatives, agents or assigns due to someone else using your account or password.
Rider Aligner does not get involved in disputes over who owns an account. You will not request access to or information about an account that is not yours, and you must resolve any account-related disputes directly with the other party. Rider Aligner decides who owns an account based solely on the content of the data or information you upload, create or submit via a Product.
You agree that your e-mail addresses will not contain any vulgar or offensive terms, words, phrases or in any other way violates this agreement. Rider Aligner reserves the right, at its sole discretion, to immediately terminate any account it believes uses an e-mail address in violation with this section of the agreement.
Additionally, if you wish to utilize services on the Site or App or make purchases from Rider Aligner or third-party vendors, you may be required to provide certain Purchasing Data as described and detailed below.
VIII. Online Conduct
By using the Products, you agree that you will be solely and personally responsible for your use of the Products and that you will indemnify and hold harmless Rider Aligner, its licensors, affiliates, employees, officers, members, managers, attorneys, advisors, partners, investors, lenders and directors from all claims for liabilities, losses and expenses, including reasonable attorney’s fees, from third parties arising from your conduct. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole and absolute discretion, violates this provision, including, without limitation, removing the offending content from Rider Aligner and its Products, terminating the account of such violators and/or reporting such content or activities to law enforcement authorities or other governmental agencies. In addition, you agree not to engage in any of the following:
- You agree not to post, transmit, promote or distribute illegal content.
- You agree not to facilitate or promote illegal activities or conduct that is harassing, threatening, abusive, disparaging, libeling, slandering, defaming, embarrassing, or otherwise engaging in any other disruptive behavior including facilitating or promoting information that you know is false or misleading.
- You agree not to post, transmit or facilitate the distribution of Content that is offensive, harmful, abusive, racist, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
- You agree not to post, transmit, promote or facilitate illegal or unauthorized copy of another person’s copyrighted work or infringe upon any intellectual property rights, including the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or company that you do not own or have the right to freely distribute.
- You agree not to attempt in any way (or authorize, encourage or support other’s attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with Rider Aligner or its Products. Additionally, you agree not to interfere with, hack into or decipher any transmissions to or from the servers running a Service. Furthermore, you hereby agree to immediately advise us promptly of any such unauthorized use(s) or attempt(s).
- You agree not to access, alter, delete or cancel another User ́s Account, or any User profile information or User content.
- You agree not to solicit or attempt to obtain any login information, passwords, social security numbers, credit card information or other personal or financial information from other Users. Moreover, you agree not to tell anyone, including staff, your password and not to enter your password in any website or form outside of the Site, App and/or Software or in any survey, either inside or outside of the Site, App or Software.
- You agree not to provide on the Site, App and/or Software or to Rider Aligner, including employees ofRider Aligner, your social security number, credit card information unless the disclosure is associated with a valid transaction for the purchase of Products.
- You agree not to impersonate other Users, indicate that you are an affiliate, employee or agent of Rider Aligner, or attempt to mislead Users by indicating that you represent Rider Aligner or any of Rider Aligner’s licensors or affiliates.
- You agree not to engage in, claim to engage in, promote, or encourage any illegal, fraudulent, or criminal activity including, but not limited to making or buying illegal weapons, making or buying illicit controlled substances, violating someone’s privacy, hacking, cracking, phishing, creating and distributing computer viruses or counterfeit software.
- You agree not to post, upload or distribute files, images, link, or content that may contain or lead to a virus or viruses or corrupted data, or contains nudity, excessive violence, offensive subject matter or any sexually suggestive behavior or otherwise constitutes Prohibited Content as described above.
- You agree not to post messages for any purpose other than personal communication, including, without limitation, advertising, contests, sweepstakes, promotional materials, chain letters, and/or pyramid schemes without prior written consent from Rider Aligner.
- You agree not to improperly use customer support resources to make false reports to Rider Aligner.
- You agree not to modify, reproduce, distribute or remove or create any derivative works of Rider Aligner or any content displayed therein, or any component thereof including, but not limited to copyright, patent, confidentiality, or other notices, labels or legends on the Site.
- You agree not to send unsolicited e-mails or other electronic communications, commercial or otherwise, as an advertisement for Company’s services without first obtaining prior confirmed consent from the recipient of said email.
You agree not to add content to your profile or anywhere else on a Product that obscures or hides Rider Aligner’s logos, trademarks, buttons, links or banners, or alters the format or appearance of a Product in any other way. We reserve the right to delete any such User Content at its sole and absolute discretion and without informing Users.
Rider Aligner reserves the right, at its sole discretion, to terminate, suspend or otherwise limit your account, for any or no reason at all, without your consent, prior notice or explanation and without liability. You may terminate or suspend your account at anytime for any reason.
X. Unlawful Use
You agree not to use the Products provided by Rider Aligner for any purpose that is unlawful or prohibited by any state, federal or applicable international law. Rider Aligner reserves the right to terminate your use of its Products and/or prosecute any violations of this policy.
XI. Links and Vendors
Rider Aligner provides, for your convenience, links to some of its affiliates, other third-party organizations and access to the products and services of third-party merchants and vendors. Unless stated otherwise, these linked sites, products and services are not under control of Rider Aligner and Rider Aligner does not warrant, nor is it responsible for the contents of any linked site or the product or services provided by any third-party merchant or
vendor. The links do not indicate an endorsement of the linked site by Rider Aligner. Rider Aligner DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
XII. Unsolicited Ideas or Suggestions
Rider Aligner or any of its employees do not accept or consider unsolicited ideas. Rider Aligner asks that you do not send any artwork, samples, demos or other works. Rider Aligner wishes to avoid any potential misunderstandings or disputes that may arise if an idea of Rider Aligner may seem similar to those you submit. If you do submit ideas or materials to Rider Aligner, Rider Aligner makes no assurances that your submission will be treated as confidential or proprietary.
YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCTS AND THE INTERNET IS AT YOUR SOLE RISK. THE PRODUCTS AND THIRD-PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. RIDER ALIGNER PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT RIDER ALIGNER WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE INFORMATION ON THE SITE, APP AND/OR SOFTWARE IS FOR ENTERTAINMENT PURPOSES AND EDUCATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE, APP, AND/OR SOFTWARE IS NOT INTENDED TO BE USED TO TREAT, CURE, DIAGNOSE ANY MEDICAL OR OTHER CONDITION, ALWAYS SEEK THE ADVICE OF A MEDICAL PROFESSIONAL OR OTHER HEALTHCARE PROFESSIONAL PRIOR TO STARTING ANY NEW TREATMENT, DIET OR OTHER ACTIVITY THAT MAY HAVE AN IMPACT ON YOUR HEALTH.
XIV. Limitations of Liabilities
THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE PRODUCTS WILL BE SAFE OR SECURE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RIDER ALIGNER OR ITS PRODUCTS IS TO STOP USING THE PRODUCT, AND TO TERMINATE YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL RIDER ALIGNER, ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING THE USE, CONDUCT, COMMUNICATION OR CONTENT ON A PRODUCT. MOREOVER, IN NO CASE SHALL RIDER ALIGNER, ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS, ALTERATION OR DELETION OF DATA (INCLUDING ANY CONTENT), LOSS OF USE OR GOODWILL, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF A PRODUCT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR REGISTRATION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT RIDER ALIGNER OR ANY OF RIDER ALIGNER’S LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIDER ALIGNER’S AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIDER ALIGNER ́S AND RIDER ALIGNER’S LICENSORS’, AFFILIATES ́, EMPLOYEES’, OFFICERS’, MEMBERS’, MANAGERS’, ATTORNEYS’, ADVISORS’, PARTNERS’, INVESTORS’, LENDERS’ OR DIRECTORS’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. RIDER ALIGNER DOES NOT ENDORSE, WARRANT OR GUARANTEE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES AND RIDER ALIGNER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MOREOVER, YOU RELEASE RIDER ALIGNER AND RIDER ALIGNER’S LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS, DIRECTORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
XV . Copyrights
© 2017 Rider Aligner, Inc. All Rights Reserved.
Any rights not expressly granted herein are reserved. A list of Rider Aligner’s trademarks may be found at: www.rideraligner.com
XVII. Jurisdiction – Forum Selection
Unless otherwise specified in a written agreement provided by and executed by Rider Aligner, the laws of Delaware shall govern and control, without reference to its conflicts of law principles, any action concerning the Products provided by Rider Aligner. By using Rider Aligner’s Products, you are agreeing that any and all disputes arising out of or relating to the TOS will be first negotiated in good faith by the parties, and if such negotiations do not result in a mutually agreeable resolution, either you or Rider Aligner may bring a claim against the other, provided that such a claim shall be exclusively venued in the state or federal courts located in the State of Delaware. You and Rider Aligner hereby irrevocably submits to the exclusive jurisdiction of such courts for any such claims, and waives any objections to such courts based on venue or the doctrine of forum non conveniens.
XVIII. Successors and Assigns; Third Party Beneficiaries
This TOS is binding upon and will inure to the benefit of you and Rider Aligner and its respective permitted successors or assigns. Nothing in this TOS, express or implied, is intended to confer upon any other Person any rights or remedies of any nature whatsoever under or by reason of this TOS.
XX. Disclosures Required by Law and Other Instances
There are other instances in which Rider Aligner may divulge your personal information, such as when required by law, regulation, or litigation. Rider Aligner may also disclose your personal information if Rider Aligner determines that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
In order to improve the Products, Rider Aligner may utilize “cookies,” “web beacons,” and/or similar devices to track your activities. A cookie is a tiny amount of data that is transferred by a web server to your browser and can only be read by the server that transferred it to you. A cookie functions as your identification and enables Rider Aligner to record your passwords, purchases, and preferences. A cookie cannot be executed as code or deliver viruses. A web beacon is a small transparent gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. A similar method may be used by which a service and/or product may send data to a server or other remote computing device when a set of user-initiated events occur. This method is similar to a cookie in that it may track your visit and the data can only be read by the server that receives the data.
XXII. Public Contributions
Through your use of Rider Aligner’s Products, you may contribute information (e.g., reviews, photos, messages, forum posts, public profile information, voting). Rider Aligner may store this information (hereinafter, the “Public Contribution”). Public Contributions may be shared with other Users and/or used for other purposes as deemed appropriate by Rider Aligner. Rider Aligner is not responsible for the information shared by you in any Public
Contribution. Any Public Contribution may be disseminated by Rider Aligner and provided to third-parties for use and publication with the websites, products and/or services of the third-party.
XXIII. Contests and Promotions
Rider Aligner may run contests or other promotions on Rider Aligner’s Site, App or other Products that request entrants to submit personal and/or contact information that will be collected and stored. Rider Aligner may use the information collected and stored to verify the entrant’s eligibility to participate in the contest or other promotion and to communicate with the participant. Rider Aligner will not share the entrant’s information with any third-party unless the participant is the winner or as may be required by law.
XXIV . Investigations
Rider Aligner and its affiliates reserve the right to investigate, review and enforce any appropriate terms or policy applicable to a user. Rider Aligner may make any disclosure reasonable necessary to: i) prevent illegal activity from occurring or continuing to occur on Rider Aligner’s Site, App and Software, ii) enforce any section or term contained in any of Rider Aligner’s agreements, iii) comply with any request received from a court or government agency with proper authority to make such a request, d) protect the rights, security, reputation, dignity, and/or property of Rider Aligner, Rider Aligner’s affiliates, users and/or the general public.
XXV. Purchase of Products/Services
Purchasing Products from Rider Aligner or third-party vendors on the Site may require you to provide credit card, debit card, ACH, PayPal®, billing information or other information related to financial products you possess (hereinafter, the “Purchasing Data”). Rider Aligner may collect and store the Purchasing Data. The Purchasing Data will be shared only with third-parties and affiliates required to perform tasks required to complete the purchase of a product or service provided by Rider Aligner or its affiliates. Rider Aligner will encrypt the Purchasing Data before transmission.
XXVI. Payment Terms
When confirming a payment or transaction with Rider Aligner, you agree and hold full responsibility to paying the full amount for that transaction. A part of the payment or transaction may include taxes, shipping costs, or other similar fees. Although most of the products and services on the Site are provided by third-parties, Rider Aligner will work with you in order to make sure you are happy with the products and services provided on the Site. However, as it may be difficult or impossible to determine the nature and complexity of transactions in general prior to your request for a refund, full or partial refunds and the amount of each refund will be at the sole discretion of Rider Aligner.
When conducting a payment through Rider Aligner, You confirm that you are legally authorized/permitted to use that payment source. If you pay using a debit card and there is an overdraft fee or any other related fee, we are not responsible for that fee.
You agree to authorize Rider Aligner, using third parties directly or indirectly, to make any inquiries that Rider Aligner considers necessary at Rider Aligner’s discretion pertaining to your identity and creditworthiness. Rider Aligner may terminate your transaction if Rider Aligner believes that the transaction violates the terms of this Agreement or Rider Aligner believes that the transaction may result in financial loss. Rider Aligner may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if Rider Aligner believes doing so may prevent financial loss. Rider Aligner may contact your payment source issuer, law enforcement, or impacted third parties and share details of any transactions you have participated in if Rider Aligner believes doing so may prevent financial loss or a violation of law.
If you believe that an unauthorized, illegal, or otherwise problematic transaction has occurred under your account, you agree to notify Rider Aligner immediately. To the fullest extent permitted by law, you waive all claims against Rider Aligner related to payments unless you submit the claim to Rider Aligner within 30 days after the charge. You are responsible for and agree to reimburse Rider Aligner for all fees, fines, penalties, costs and other liabilities incurred by Rider Aligner that were caused or arose out of payments that you authorized. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased Rider Aligner has no liability for such goods or services. Rider Aligner has no obligation to intervene in disputes between users, or users and third parties.
Rider Aligner monitors the Site, App, Software and related Products for content that is or may be in violation of the terms of this Agreement. However, Rider Aligner does not guarantee that any information contained in conjunction with a Product is accurate, complete, factual or authenticated.
XXVIII. Entire Agreement
This TOS sets forth the entire agreement and understanding of you and Rider Aligner relating to the subject matter hereof and merges all discussions, representations, covenants, promises, discussions, negotiations, and exchanges between you and Rider Aligner with respect thereto.
XXIX. Modification and Waiver
No modification of or amendment to this TOS will be effective unless in writing signed by an authorized representatives of Rider Aligner. No waiver of any rights is to be charged against Rider Aligner unless such waiver is in writing signed by an authorized representative of Rider Aligner.
XXX. Unenforceable Provisions
If any provision of this TOS is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this TOS will remain in full force and effect, and, if legally permitted, such offending provision shall be replaced with an enforceable provision that as nearly as possible gives effect to Rider Aligner’s intent.
XXXI. Contact Information
If you wish to contact Rider Aligner for any reason, please address your inquiries to our legal counsel:
James M. Smedley
776 Mountain Blvd.
Suite 105 Watchung, NJ07960