Alignment, Inc. Terms and Conditions
Welcome to www.alignmentinc.com and/or www.kristinkaufman.com.
This site gives you the opportunity to browse the services offered by Total Alignment, Inc. (dba: Alignment, Inc.).
These terms and conditions apply to Services provided by Kristin Kaufman and/or Alignment, Inc. of 4606 Christopher Place, Dallas, Texas 75204. (Alignment, Inc., Total Alignment, Inc., ‘we’ or ‘us’), and form a binding contractual agreement between you and us.
These terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations, and understandings.
All products and services delivered by Alignment, Inc. are intended for persons aged 18 and over.
You may contact us at kristinkaufman@alignmentinc.com and/or 214-526-4944.
These terms and conditions specifically apply to the sale of any Online Course and/or Taught Course by Alignment, Inc.
1. DEFINITIONS
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Alignment, Inc. to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Alignment, Inc. for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
“Website” means www.alignmentinc.com and/or www.kristinkaufman.com.
“You” means the individual purchasing the Services.
2. THE SERVICES
2.1. A description of the Services together with the dates on which the Services will begin are available at the associated URL links and ZOOM links. We will provide the Services with reasonable care and skill in accordance with the description outlined.
2.2. We reserve the right to vary or withdraw any of the Services described on the without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the Services.
3. ACCEPTANCE OF TERMS
3.1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
3.2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.
4. GENERAL DISCLAIMER
4.1. All Alignment, Inc. products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
4.2. Alignment, Inc. provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.
4.3. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
4.4. You acknowledge and agree that Alignment, Inc., Kristin Kaufman, and other representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
5. EARNINGS AND INCOME DISCLAIMER
5.1. Alignment, Inc. and Kristin Kaufman cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.
5.2. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.
6. ORDERING SERVICES
6.1. In order to purchase any of the Services on-line you must register for an account with us via the URL.
6.2. Following receipt by us of your order for Services via the URL confirming receipt of your order.
6.3. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
6.4. Where your order consists of multiple Online Courses or multiple Taught Courses , each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
7. REGISTERING YOUR DETAILS
7.1. Before you purchase our products and/or services, you must register an account with us.
7.2. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
7.3. We may at any time request a form of identification to verify your identity.
7.4. If you are a registered user or member to this Site, you acknowledge and agree that:
a. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
c. You will immediately notify us if your Password is lost or becomes known to any other person;
d. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
e. Any information you provide to us for posting or inclusion in our Alignment, Inc. community, at any time, becomes our property.
7.4. To the extent that you provide personal information, Alignment, Inc. and Kristin Kaufman will treat such information strictly in accordance with its Privacy Policy.
7.5. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorized use of your registered details.
7.6. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
8. YOUR OBLIGATIONS and CONFIDENTIALITY
8.1. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the other Participants in the strictest of confidence.
8.2. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.3. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.4. All confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
8.5. You are not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
8.6. You agree that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us.
8.7. You agree that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
8.8. These clauses clause shall continue notwithstanding termination of these terms and conditions.
8.9. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our online Community any of the following:
a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c. Information that includes personal or identifying information about another person without that person’s consent.
d. Information that constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
e. Any information or content that impersonates any person or entity.
f. Any material, non-public information about companies without authorization to do so.
g. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
9. CODE OF CONDUCT
9.1. Alignment, Inc. and all associated communities are spaces for learning and are pitch-free, solicitation-free and sales-free environment.
9.2. Whilst using our site, we ask that you not:
a. Contact anyone who has asked not to be contacted.
b. Collect personal data about other users for commercial or unlawful purposes.
c. Infringe other user’s privacy rights.
d. Violate the intellectual property of others.
e. Post anything that contains software viruses, worms or any other harmful code.
f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
10. COPYRIGHT AND TRADE MARK NOTICES
10.1. All material on this Site, or any other Kristin Kaufman Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. You must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
10.2. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
10.3. The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Kristin Kaufman, Alignment, Inc. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Kristin Kaufman, in any manner that is likely to cause confusion with customers, or in any manner that disparages Kristin Kaufman.
10.4. Nothing contained on this Site or in any of our Kristin Kaufman, Alignment, Inc. communities should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
10.5. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Kristin Kaufman will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
11. INTELLECTUAL PROPERTY
11.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Alignment, Inc., whether adapted, written for or customized for the Client or not.
11.2. You are not authorized to:-
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Alignment, Inc. on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
11.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
12. RIGHT TO TERMINATE, CANCELLATION and VARIATION
12.1. Subject to clause 12.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you, then you are permitted within 1 working day starting on the day after the date we have concluded our agreement, to cancel your purchase of the Services.
12.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
12.3. Notwithstanding clause 12.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Alignment, Inc.
12.4. We reserve the right to terminate your use of the Site, any/all Kristin Kaufman, Alignment, Inc. communities or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.
13. FEES
13.1. The Fees for the Services shall be as set out on the URL at the time you placed an order for them.
13.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the URL order form prior to your purchase the Services.
13.3. Fees for the Service selected by you on the shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
13.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Alignment, Inc. shall not be responsible for these.
a. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
b. If payment is defaulted or not received, you authorize us to debit any outstanding funds from your nominated account without need for notification at a future date.
13.5. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
13.6. Should a refund be requested, each request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of Kristin Kaufman and Alignment, Inc.
13.7. Invoices for any Alignment, Inc. program are automatically generated and may be requested at any time by emailing kristinkaufman@alignmentinc.com.
13.8. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
13.9. We reserve the right to on-sell or otherwise authorize a debt-collection or other authorized agency to collect any amount not paid by you.
14. LIABILITY
14.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
14.2. Although Alignment, Inc. aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
14.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
14.4. Subject to clause ‘a’ below, Alignment, Inc.’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
a. Nothing in this Agreement shall exclude or limit Alignment, Inc.’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under United States law may not be limited or excluded.
14.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
15. YOUR INDEMNITY
15.1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Kristin Kaufman and/or Alignment, Inc. communities, or through use of our products or services.
16. AFFILIATE DISCLOSURE
16.1. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Kristin Kaufman and/or Alignment, Inc. communities.
17. NO ASSIGNMENT
17.1. You cannot transfer or assign your Alignment, Inc. membership without Kristin Kaufman’s prior written consent.
17.2. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
18. DISPUTE RESOLUTION
18.1. Should a dispute arise between us, we strongly encourages you to contact Kristin Kaufman at kristinkaufman@alignmentinc.com to seek a resolution. Any reasonable requests will be considered and Kristin Kaufman will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
19. APPLICABLE LAW
19.1. These Terms shall be construed in accordance with and governed by the laws of the United States of America. You consent to the exclusive jurisdiction of the courts the US to determine any matter or dispute which arises between us.
20. YOUR FEEDBACK
20.1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
20.2. If you have questions or comments regarding this Site, or Kristin Kaufman and/or Alignment, Inc. products or services, please email us at kristinkaufman@alignmentinc.com.
www.alignmentinc.com. Copyright 2020. All Rights Reserved.
