TERMS OF USE
These Terms and Conditions (“Terms of Use”) state important requirements regarding your use of Alpha Info System’s computer support services and your relationship with Alpha Info System. You should read them carefully as they contain important information, disclaimers and instructions regarding your use of Alpha Info System’s computer support services, Alpha Info System’s billing, refund, cancellation and automatic renewal policies, your indemnity obligations, and your agreement to resolve any dispute with Alpha Info System exclusively through binding arbitration and waiver of class action claims. These Terms of Use, together with each Services Order submitted by you and accepted by Alpha Info System along with any additional terms stated therein, and the Privacy Policy, constitute the entire agreement between you and Alpha Info System (collectively, the “Agreement”). The Services Order will form part of the “Agreement” only if the same has been acknowledged by Alpha Info System in writing or by an e-mail. You must agree to these Terms of Use as a condition precedent to using the Alpha Info System Portal (defined below) or the Services (defined below).
DEFINITIONS
Certain terms defined in these Terms of Use are also used in the Privacy Policy.
“Alpha Info System” means Alpha Info System LLC.
“Content” refers collectively to Software, Materials, Services and other related information.
“Materials” means any webcasts, download areas, white papers, press releases, datasheets, product information, quick reference guides, or other works of any kind that are made available to download from the Alpha Info System Portal, all of which constitute the proprietary and copyrighted work of Alpha Info System and/or its suppliers; and specifically excludes the design or layout of the Website, or any other website owned, operated, licensed or controlled by Alpha Info System.
“Services” means any Alpha Info System service delivered through Alpha Info System pursuant to any plan you may enter into with Alpha Info System through use of the Alpha Info System Website located at www.alphainfosystem.com (the “Website” or “Alpha Info System Portal”), or by calling the Alpha Info System phone number listed on the Website. These Terms of Use govern all plans available through the Website, and any use of the Alpha Info System Portal. In the event of any conflict between these Terms of Use and the terms of any Services Order entered between you and Alpha Info System, these Terms of Use shall control.
“Software” means a computer program of any kind, whether owned by Alpha Info System or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software provided or made available to you in connection with the Services. Elements of the Software may be protected under copyright, trade secret, unfair competition, and other laws. Software includes both Alpha Info System Software and third party Software. Your use of Software is subject to any additional agreement that accompanies or is included with the Software, such as a license agreement, user agreement, as well as any ordering documents, exhibits, and other terms and conditions that apply (collectively, “License Terms”).
“Technician” means qualified computer service technicians and specialists contracted by Alpha Info System to perform the Services under this Agreement.
“You” and “your” means you individually and any person (including any employer) on whose behalf you are acting.
AGREEMENT
Service Orders and Service Plans. You may order Services by submitting a Services Order through the Alpha Info System Portal, or by calling Alpha Info System at the number listed on the Website. Alpha Info System shall have no responsibility to render Services in connection with any Service Order unless and until Alpha Info System confirms its acceptance of the Service Order to you in writing via email. Upon Alpha Info System’s acceptance of your Service Order and receipt of your payment in full, you will have a Service Plan, and an Alpha Info System Technician will contact you promptly via phone or email to initiate Services under your Service Plan.
Undertaking. Subject to these Terms of Use, and any other terms particular to your Service Plan, Alpha Info System will render Services in a professional and workmanlike manner and will use commercially reasonable efforts to offer an appropriate and acceptable solution to each issue presented within the scope and coverage of your Service Plan. In most cases, your Alpha Info System Technician will endeavor to diagnose and resolve the particular issues affecting your usage and the performance of your computer through chat, email or other means as the Technician deems most appropriate to address such issues, including remote access. Should your Alpha Info System Technician initiate a remote access connection to your computer to provide the Services, you understand, acknowledge and agree that the Technician will not cause any residual software to be placed on your computer during any remote access session in connection with the Services; provided, however, the Technician may place a text file on your computer to explain the Services performed, which you may delete from your computer or save for future reference. All undertakings performed by Alpha Info System pursuant to any Service Plan is subject to the Limited Service Warranty in Section 24 of these Terms of Use.
Payment. Your Service Plan will become active when the Service Order is paid in full.
Credit Card Billing. If you pay by credit card, you agree to pay all fees charged to your account in the amount stated on the Service Order, and you hereby authorize Alpha Info System to charge and/or place a hold against your credit card with respect to any unpaid charges for Services or any related equipment, and you hereby authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt. You authorize Alpha Info System (including any affiliated service provider or authorized billing agent for Alpha Info System) to attempt to charge and/or place a hold against your credit card on file with respect to all sums described herein, or any portion thereof, until such amounts are paid in full. If you do not pay on time, or if your credit card cannot be charged for any reason, Alpha Info System reserves the right to suspend or terminate your Service Plan. All payments to Alpha Info System will be made in US Dollars. Your credit card issuer may provide Alpha Info System (or its third party payment service provider) with updated information for your credit card account from time to time. Such update information is disseminated at the sole election of the credit card issuer, and neither Alpha Info System nor any third party payment service provider of Alpha Info System has any responsibility in regard to your credit card issuer’s decision to disseminate such information. Your credit card issuer may give you the right to opt out of the update service; however, it is your responsibility to contact your credit card issuer regarding any such opt out rights. You acknowledge and agree that Alpha Info System shall not have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of its legitimate attempts to charge, and/or place holds on, your credit card for amounts owed by you in connection with your Service Plan. You acknowledge and agree that Alpha Info Systems may assess a $15.00 reject fee for any credit card payment transaction that cannot be processed due to insufficient credit for your account.
Refund Policy. If you are dissatisfied with the Services for any reason and wish to request a refund, you agree to contact Alpha Info System within 30 days of purchase by calling us at 1-888-337-1872 so that we may first attempt to resolve the issue. In the event we are unable to resolve the issue to your satisfaction within 2 business days of your call, Alpha Info System will refund your purchase in full. We will address all other refund requests made outside of this 30-day window in good faith on a case-by-case basis. You may also cancel at any time by emailing Alpha Info System at [email protected], and providing us with your full name, email address, complete mailing address, contact phone number, and the date of the Services provided and the Service Order.
Important User Responsibilities.
a) Cooperation. You agree to cooperate fully with the Alpha Info System Support Technician in obtain the Services. Our experience shows that most issues can be corrected through close cooperation between the customer and the Support Technician, and Alpha Info System will use commercially reasonable efforts to provide the Services in a professional and workmanlike manner. You agree to listen carefully to and follow the Support Technician’s instructions fully and faithfully.
b) Eligibility for Services. You understand and agree that, in order to be eligible to receive the Services, the situation giving rise to the issue must be reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals. You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident. The full system, including software and hardware, must be available to and accessible by you without limit during any telephone discussions with Alpha Info System support personnel.
c) Software / Data Backup. You understand and agree that Alpha Info System shall not be responsible for any lost or corrupted software or data under any circumstances. Alpha Info System strongly recommends that you maintain a complete data backup and disaster recovery plan at all times.
d) Account, Password, and Security. You must complete the registration process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form in order to submit a Service Order. You must also choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify Alpha Info System immediately of any unauthorized use of your account or any other breach of security. You acknowledge and agree that Alpha Info System will not be liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge. However, you may be liable for losses incurred by Alpha Info System or another party due to unauthorized use of your account or password by a third party.
Data Backup. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ALPHA INFO SYSTEM AND ITS SERVICE PARTNERS SHALL HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.
Privacy Policy. The Alpha Info System Privacy Policy (available for review at https://www.alphainfosystem.com/private-policy.html) is an integral part of these Terms of Use and is incorporated herein by this reference as though set forth in full. If you have not yet reviewed the Alpha Info System Privacy Policy, then please do so prior to agreeing to these Terms of Use by clicking on the link: https://www.alphainfosystem.com/private-policy.html. Except for such information within the definition of Personal Information as described in the Privacy Policy, you agree that any information or data disclosed or sent by you to Alpha Info System over the telephone, electronically or otherwise, is not confidential or proprietary to you.
Personal and Non-Commercial Use Limitation. Unless otherwise specified, the Content is solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Content. Any Content hereunder is made available by Alpha Info System only in connection with your valid use of the Services under a valid Service Plan.
No Unlawful or Prohibited Use. As a condition of your use of the Alpha Info System Portal or any Services, you will not use the Content for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Content in any manner that may damage, disable, overburden, or impair any Alpha Info System server, or the network(s) connected to any Alpha Info System server, or interfere with any other party’s use and enjoyment of the Alpha Info System Portal or the Content. You may not attempt to gain unauthorized access to any Alpha Info System Portal, the Content, other accounts, computer systems or networks connected to any Alpha Info System server through hacking, password mining or any other means. You may not obtain or attempt to obtain any Alpha Info System Portal, the Content, or information through any means that not specifically permitted under the terms of your Services Order.
Communication Services. Alpha Info System may provide you with the use of email services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Alpha Info System employees and service providers as appropriate to your Service Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall be used only in connection with your Service Plan and not for any other purpose. You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service, and agree to refrain from any prohibited use of the Communication Services. By way of example, and not as a limitation, you agree that you will not use the Communication Services:
a) In connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
b) To defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
c) To publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
d) To upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
e) To make any use of any material or information, including images or photographs contained in the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
f) To upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
g) To advertise or offer to sell or buy any goods or services for any business purpose, unless such expressly permitted under any terms provided to you in connection with the Communication Services.
h) To download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
i) To falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
j) To restrict or inhibit any other user from using and enjoying the Communication Services.
k) To violate any code of conduct or other guidelines that may be applicable to any particular Communication Service.
l) To harvest or otherwise collect information about others, including e-mail addresses.
m) To violate any applicable laws or regulations.
n) To create a false identity for the purpose of misleading Alpha Info System or others.
o) To use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Content or other user or usage information or any portion thereof.
Alpha Info System has no obligation to monitor the Communication Services. However, Alpha Info System reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Alpha Info System reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Alpha Info System reserves the right at all times to disclose any information as Alpha Info System deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in Alpha Info System’s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download such materials.
Linking. You may not create hyperlinks to any portion of the Alpha Info System Portal nor any Content associated with the Services.
Indemnity. You agree to indemnify, defend, and hold harmless Alpha Info System, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, vendors and suppliers from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of these Terms of Use, misuse or abuse of a Service, and any use of the Service that amounts to infringement (including any act of infringement committed through your account) of any intellectual property or other right of Alpha Info System or any other third party. You will cooperate as reasonably required to assist Alpha Info System in its defense of any such claim. Alpha Info System reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree that you shall not settle any matter involving Alpha Info System without Alpha Info System’s prior written consent. You agree to notify Alpha Info System immediately of any unauthorized use of your account or any other breach of security known to you.
General License Restrictions. Any use of the Alpha Info System Portal and/or Content other than as expressly permitted by Alpha Info System is prohibited. Alpha Info System and its suppliers hereby expressly reserve all rights to execute, copy, modify, display, transmit, distribute, manufacture, use, or sell such information, and any reverse engineering or de-compilation of the Software or other Content is strictly prohibited. CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE ALPHA INFO SYSTEM PORTAL OR CONTENT MAY CONSITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE SERVICES. ALPHA INFO SYSTEM RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION, IN THE EVENT OF ANY SUCH ATTEMPT BY YOU.
Acts of God and Impossibility of Performance. You hereby acknowledge that circumstances outside of Alpha Info System’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Alpha Info System’s ability to schedule a support session. You hereby release Alpha Info System from any and all liability to you or any third party for any direct or indirect damages whatsoever resulting from such delays. Alpha Info System or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit availability of the Services in order to perform maintenance activities and maintain session control.
Exclusions from Service. “Services” shall not include the following:
a) Service beyond the duration limitations identified in your Service Order;
b) Problem diagnosis and support that may not be completed because of a problem with your computer, equipment, or their configuration, that is beyond our control;
c) Software, including the operating system and software added to the registered hardware products that are outside the scope of the Service Plan;
d) Problems that may and do result from: (i) External causes such as accident, abuse, misuse, or problems with electrical power; (ii) Usage that is not in accordance with product instructions provided by the manufacturer; (iii) Failure to follow the product instructions provided by the manufacturer and/or failure to perform preventive maintenance; (iv) Using accessories, parts, or components not compatible with the product; and/or (v) Failure to comply with the instructions provided by the Alpha Info System Technician to resolve the query.
Notice Specific to Materials and Software Available on the Alpha Info System Portal or Through a Service. For your convenience, Alpha Info System may make available certain Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA for the particular Materials or Software, these Terms of Use. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Service Order. Any reproduction or redistribution of the Materials or Software not in accordance with the EULA is expressly prohibited by law. No logo, graphic, sound or image may be copied or retransmitted from any Alpha Info System Website unless expressly permitted in writing by Alpha Info System or by the EULA accompanying such Material or Software.
End User License Agreements (EULA). In connection with our Service, we may provide you with the use of certain software which is owned by Alpha Info System or its third party licensors and suppliers. We along with such third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only in connection with the Services in accordance with the Service Plan and for no other purpose. The Software may be accompanied by a EULA from Alpha Info System or a third party. Your use of the Software shall be governed by such EULA and these Terms of Use as applicable. You are not authorized to install or use any Software unless you first review and agree to the terms and conditions of any EULA that accompanies or is included with such Software.
Alpha Info System Software License. With regard to any Software made available to you by Alpha Info System through the Alpha Info System Portal that does not require your acceptance of a separate license agreement (“Alpha Info System Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Alpha Info System to use the Alpha Info System Software (and any corrections, updates and upgrades) in accordance with and as required under your Service Plan. You acknowledge and agree that the Alpha Info System Software is and shall remain the confidential and proprietary information of Alpha Info System and/or its third party licensors, providers or suppliers, and you have no right to copy, use or disclose such information to others except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the Alpha Info System Software, or otherwise reduce the Alpha Info System Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Alpha Info System Software, or otherwise transfer the Alpha Info System Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Alpha Info System Software. You are not granted any title or rights of ownership in the Alpha Info System Software. You acknowledge that this license is not a sale of intellectual property and that Alpha Info System and/or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Alpha Info System Software and related documentation, as well as any corrections, updates and upgrades. The Alpha Info System Software may be used only in your country of residence at the time of your acceptance of these Terms of Use. Export of the Alpha Info System Software is strictly prohibited. Your license to the Alpha Info System Software shall remain in full force and effect unless and until terminated by Alpha Info System, its third party licensors, providers or suppliers, or until the expiration of your Service Plan, pursuant to your Service Order and these Terms of Use. Upon termination of your Service Plan for any reason, you agree to cease all use of the Service Plan and the Alpha Info System Software and immediately delete the Alpha Info System Software from your computer.
Third Party Products. As part of the Services, Alpha Info System may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, regardless of whether Alpha Info System assists you in the acquisition, installation, and/or use of Third Party Software. Alpha Info System has no responsibility or rights to the Third Party Software and does not license the Third Party Software to you or make any representation or warranty regarding the Third Party Software. To the extent that Alpha Info System provides any technical assistance and support for Third Party Software or equipment, it is your sole responsibility to ensure that you comply with the complete license terms for any such Third Party Software or equipment, including but not limited to determining if you require additional rights in order for us to provide such support, and, if so, to acquire such rights. Alpha Info System makes no representation or warranty that Alpha Info System is an authorized service provider for any Third Party Software or equipment, and you acknowledge and understand that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
Third Party Agreements. As part of the Services, Alpha Info System may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, you acknowledge and agree that your use of such services shall be subject to the terms of service of such third party service provider. You acknowledge that the third party provider is solely responsible for delivery of such third party service(s) to you, and that your use of such third party services is subject to such third party provider’s terms of service. Third party services include, but are not limited to, technical support, portal, training, music, gaming and storage services that Alpha Info System may elect to make available from time to time. Your violation of any such third party provider’s terms of service may result in the termination of your customer account and use of the Services in Alpha Info System’s sole discretion.
Limited Service Warranty. ALPHA INFO SYSTEM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW ALPHA INFO SYSTEM TO RE-PERFORM THE SERVICES SUBJECT TO DISPUTE, AND/OR (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE ALPHA INFO SYSTEM SERVICE PLANS COME WITH A 7-DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS, WHICH IS SUBJECT TO THE TERMS FOR THE PARTICULAR SERVICE PLAN WHICH ARE IN ADDITION TO THESE TERMS OF USE.
Disclaimer of Warranty and Limitation of Liability. YOU UNDERSTAND AND EXPRESSLY AGREE THAT: (A) YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALPHA INFO SYSTEM EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, “PROMISES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE CONTENT, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ALPHA INFO SYSTEM MAKES AND GIVES NO PROMISE THAT (i) THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE CONTENT WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CONTENT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
ALPHA INFO SYSTEM AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CONTENT FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. ALPHA INFO SYSTEM AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALPHA INFO SYSTEM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL ALPHA INFO SYSTEM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ALPHA INFO SYSTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON, THROUGH OR IN CONNECTION WITH THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE CONTENT, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN PROMISES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, ALPHA INFO SYSTEM’S MAXIMUM AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF ITS VENDORS AND SUPPLIERS) ARISING OUT OF OR IN CONNECTION WITH THE CONTENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ALPHA INFO SYSTEM UNDER THE SERVICE ORDER THAT IS THE SUBJECT OF THE DISPUTE, REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE). IN NO EVENT DOES ALPHA INFO SYSTEM EXCLUDE OR LIMIT ITS LIABILITY IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THE LIMITATION OR EXCLUSION OF WHICH IS NOT PERMITTED BY LAW.
SHORTENED ONE-YEAR LIMITATION PERIOD ON ALL CLAIMS ARISING UNDER THIS AGREEMENT. ANY claim or cause of action arising out of or related to this Agreement must be brought no later than one year after it has accrued, regardless of any statutorily-prescribed limitations period for the claim, AND SHALL OTHERWISE BE FOREVER WAIVED AND BARRED.
Electronic Communications. Whenever you visit the Website or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on the Website, or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
Term and Termination. Alpha Info System at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Alpha Info System: (a) you are in breach of any of these Terms of Use (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Alpha Info System’s network, or the use and enjoyment of Alpha Info System’s other users; (c) Alpha Info System receives an order from a court to terminate the Services; (d) Alpha Info System for any reason ceases to offer the Service; (e) you are no longer an Alpha Info System customer, or (f) Alpha Info System determines that you are abusing the Service. Alpha Info System, in its sole discretion, may refuse to accept your request for the Service, following a termination or suspension of your use of the Service.
Severability and Waiver. Should any court deem any provision of the Agreement invalid or unenforceable, such portion shall be enforced to the maximum extent possible and will not in any way invalidate any other provisions of this Agreement, all of which will remain in full force and effect. Alpha Info System’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
No Offer. The Alpha Info System Portal is available internationally and may contain references to Alpha Info System products, services, and programs that are not available in a viewer’s country. These references do not imply that Alpha Info System intends to make such products, services, or programs available in such country.
Modification. Alpha Info System reserves the right to amend these Terms of Use and the Alpha Info System Portal at any time by (a) posting a revised version of the Terms and Conditions or by (b) sending information regarding any amendment to the Terms of Use to the email address you provide to Alpha Info System in connection with your registration. You are responsible for periodically reviewing the Alpha Info System Website for notice of any amendments to the Terms and Conditions. For further clarification, please email us at [email protected], or write to us at Alpha Info System LLC, 303 Wyman Street, Waltham, MA 02451.
DISPUTE AND ARBITRATION; CLASS ACTION WAIVER. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO A CUSTOMER’S SATISFACTION BY CALLING US AT +1-888-337-1872 TO SPEAK WITH ONE OF OUR CUSTOMER SERVICE REPRESENTATIVES, OR WRITING TO US AT [email protected], OR ALPHA INFO SYSTEM LLC, ATTENTION: CUSTOMER SERVICE, 303 WYMAN STREET, WALTHAM, MA 02451. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF WE HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WE HAVE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES ARISING OUT OF THIS AGREEMENT (OTHER THAN RELATED TO ALPHA INFO SYSTEM’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. THIS INCLUDES ANY CLAIMS AGAINST OTHER PARTIES (SUCH AS OUR LICENSORS, SUPPLIERS, DEALERS OR THIRD PARTY VENDORS) RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU WHENEVER YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING.
ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
WE EACH AGREE THAT THIS AGREEMENT AFFECTS INTERSTATE COMMERCE SO THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY (DESPITE THE CHOICE OF LAW PROVISION HEREIN). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS, AND CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. NEITHER YOU NOR ALPHA INFO SYSTEM HAS THE RIGHT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM.
ALL DISPUTES RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO ALPHA INFO SYSTEM FOR BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY, NEGLIGENCE, PERSONAL INJURY, INTENTIONAL TORTS OR OTHER TORT WILL BE ARBITRATED BEFORE A SINGLE ARBITRATOR ACCORDING TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN MIDDLESEX COUNTY, MASSACHUSETTS, INCLUDING ANY DISPUTE ABOUT THE SCOPE OF THIS ARBITRATION AGREEMENT, AND INCLUDING ALL QUESTIONS ABOUT THE TYPES OF DISPUTES THAT ARE SUBJECT TO THIS ARBITRATION AGREEMENT, ALL OF WHICH YOU AGREE WILL BE DECIDED BY THE ARBITRATOR, WHOSE DECISION WILL BE FINAL AND BINDING ON YOU. ANY ISSUE CONCERNING THE EXTENT TO WHICH A DISPUTE IS SUBJECT TO ARBITRATION, OR CONCERNING THE APPLICABILITY, INTERPRETATION OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING ANY CONTENTION THAT ALL OR PART OF THIS AGREEMENT IS INVALID OR UNENFORCEABLE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND RESOLVED BY THE ARBITRATOR.
YOU ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN, AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATOR DETERMINES, IN THE ARBITRATOR’S SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING, (I) THERE SHALL BE NO AWARD OF PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL OR OTHER SPECIAL DAMAGES, (II) ALL DAMAGES CLAIMS AND AWARDS WILL BE GOVERNED BY THE PROVISIONS OF THE MASSACHUSETTS CIVIL CODE, AND (III) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEYS’ FEES. IF YOU ARE UNABLE TO AFFORD THE AAA FEE, YOU AGREE TO NOTIFY ALL PERSONS AGAINST WHOM YOU HAVE AN ARBITRABLE CLAIM AND GIVE SUCH PERSONS THE OPPORTUNITY INDIVIDUALLY AND AS A GROUP TO PAY SUCH FEE. THE PROCEEDING AND THE DECISION SHALL BE KEPT CONFIDENTIAL BY THE PARTIES.
THIS AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT, APPLICABLE FEDERAL LAW, AND THE LAWS OF THE STATE OF MASSACHUSETTS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. FOREIGN LAWS DO NOT APPLY. ARBITRATION OR COURT PROCEEDINGS SHALL BE HELD IN MIDDLESEX COUNTY, MASSACHUSETTS. IF ANY PROVISION OF THE AGREEMENT IS INVALID UNDER THE LAW OF A PARTICULAR JURISDICTION, THAT PROVISION WILL NOT APPLY IN THAT JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
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303 Wyman Street.,
Waltham,
MA 02451.