Disclaimer

DISCLAIMER OF MATERIALS
Align360 and its affiliates and subsidiaries, if any, ("Align360") do not represent or endorse, and is not responsible or liable for (i) the accuracy or reliability of any information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services available on the Align360 website (http://www.align360.com/) with any derivation thereof) (the "Website"), and/or (ii) the quality of any products, services, information or other materials displayed, purchased, or obtained by you as a result of any advertisement or any other information, or offer in or in connection with the Website through third party providers ("Third Party Providers"), Align360 or its affiliates. Visitors to the Website or users of the Website (collectively, the "Users") hereby acknowledge that any reliance upon any Materials or the Website shall be at the sole risk of User. Align360 reserves the right, in its sole discretion and without notice to Users or any other obligation, to make improvements to, to modify, to delete, or to correct any error(s) and/or omission(s) in any portion of the Website or the Materials.

DISCLAIMER OF EXTERNAL SOURCES. The Website may provide links to other websites, Internet resources or other external sources (collectively, the "External Sources"). User acknowledges and agrees that Align360 is not responsible for the availability of such External Sources. User agrees that Align360 shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of, or reliance on, any External Sources.

Align360 encourages Users to exercise discretion while browsing the Internet and External Sources. The Website may direct you to External Sources containing information that some people may find offensive or inappropriate. Align360 makes no representations concerning any endeavor to review the content of External Sources listed in the Website or any of the Materials. Align360 is not responsible for the accuracy, intellectual property rights, compliance, legality or decency of the Materials or the External Sources.

RESPECT OF RIGHTS. Align360 requests that User not infringe the rights (including, but not limited to, the intellectual property rights) of others. User acknowledges that the Materials, including, but not limited to, text, software, music, sound, photographs, video, graphics or other material available on the Website are protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use Materials as expressly authorized by Align360 and Third Party Providers.

ADDITIONAL REQUIREMENTS. User agrees to comply with any additional copyright notices, information, or restrictions contained in the Materials found within the Website. User acknowledges that, except as expressly authorized herein or in the Website, Align360 and Third Party Providers reserve all rights relating to the Materials.

COMPLIANCE WITH THE ACT. Align360 maintains a special e-mail address for notifications of claimed infringement of its Users. Users may contact Align360 with complaints regarding allegedly infringing material and Align360 will investigate those complaints. If you know of a User that has infringed on the rights of others on the Website, please contact Align360's "Designated Agent to Receive Notification of Claimed Infringement" at align360userconcerns@align360.com or at Align360, 901 E. Byrd St., Richmond, VA 23219, Attn. Law Department. If Align360 believes the material violates any applicable law, Align360 will endeavor to notify User issuing the complaint that Align360 has evaluated the matter in accordance with its copyright infringement policy.

DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT THE SOLE RISK OF USER. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALIGN360 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ALIGN360 MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ALIGN360 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY MATERIALS (AS DEFINED ABOVE) OBTAINED THROUGH THE WEBSITE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIALS (AS DEFINED ABOVE) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACQUIRED AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS (AS DEFINED ABOVE).

ALIGN360 MAKES NO WARRANTY REGARDING ANY EQUIPMENT, PRODUCTS, ADVICE, SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO OR THROUGH THE WEBSITE AND ALIGN360 MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE YEAR 2000 COMPLIANCE OF ANY EQUIPMENT, PRODUCTS, ADVICE, SERVICES OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE (AS DEFINED ABOVE). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ALIGN360 OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALIGN360 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE EQUIPMENT, PRODUCTS, ADVICE, SERVICES OR MATERIALS, OR RESULTING FROM ANY EQUIPMENT, PRODUCTS, ADVICE, SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FAILURE OF THE WEBSITE TO STORE USER'S TRANSMISSIONS OR DATA, OR ANY OTHER CAUSE OF LIABILITY ARISING IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF ALIGN360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.

MISCELLANEOUS
Enforceability; Severability. In the event that any of the provisions, terms or conditions of this disclaimer are deemed to be unreasonable or unenforceable by any court of competent jurisdiction, then User and Align360 agree to a reduction if the scope of said provision(s), term(s) or condition(s) as the court shall deem necessary to render the provision(s), term(s) or condition(s) reasonable and enforceable. The invalidity or unenforceability, in whole or in part, of any provision, term, or condition hereof shall not affect the validity or enforceability of the remainder of such provision, term or condition or of any other provision, term, or condition.

Choice of Law; Forum. This disclaimer will be governed by the laws of the Commonwealth of Virginia without regard to its rules concerning conflicts of laws, and User further consents to the exclusive jurisdiction by the state and federal courts sitting in the Commonwealth of Virginia.

Attorney's fees. In the event that Align360 defends or enforces this disclaimer, User shall indemnify Align360, its affiliates, subsidiaries, directors, officers, agents, and employees against attorney's fees and costs associated with such defense or enforcement.

Integration; Amendment. This disclaimer constitutes the entire disclaimer between User and Align360. This disclaimer supersedes all prior, and contemporaneous disclaimers between User and Align360. Align360 reserves the right, in its sole discretion and without notice to User(s) or any other obligation, to modify, delete, amend or alter the terms and conditions of this disclaimer at any time.

Injunctive Relief. User acknowledges and agrees that money damages would be an inadequate remedy for any breach or threatened breach of any of the provisions of this disclaimer. Accordingly, in addition to any other relief available to it, Align360 will be entitled to appropriate injunctive and equitable relief with respect to any such breach or threatened breach without posting a bond. For purposes of this provision, "threatened breach" will mean any indication, verbal or otherwise, of User's intention to breach, or of User's impending breach of, any of the provisions of this disclaimer.

Headings Not Interpretive. The section headings of this disclaimer are for the convenience of the parties only and in no way alter, modify, amend, limit, or restrict the contractual obligations of the parties.