|
This
document provides the Terms of Use ("Terms of Use") applicable to all
services offered by Alpha Corp. Filings, LLC, a Florida-based LLC
through its website located at AlphaCorpFilings.com.
The Terms of Use for other websites operated by Alpha Corp. Filings,
LLC are subject to their respective terms and conditions. In
this Terms of Use Agreement ("Agreement") and throughout any and all
agreements on this website, ("Agreement") "you" and "your" refer to
each customer or website visitor, "we", "us" and "our" refer to Alpha
Corp. Filings, LLC, doing business as AlphaCorpFilings.com,
its independent contractors, agents, employees, officers, directors,
Affiliates and Partners (hereinafter "ACF") and "Services" refers to
all services provided by us. ACF
provides the website located at http://www.AlphaCorpFilings.com (the
"Site") and related services subject to your compliance with the terms
and conditions set forth herein.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND
ACF.
By using any this site and any of the services provided hereon, you
agree that you have read and understand the terms and conditions of
this agreement, that you agree to the Terms of Use applicable to this
site and that you agree to be responsible for each and every term and
condition a part thereof. The term "Agreement" means these Terms of
Use, plus all other applicable terms and conditions listed on this
website. ACF reserves the right in its sole discretion and without
notice to amend or modify any of its terms and conditions under which
any Service is being offered to you.
1. ACCEPTANCE OF AGREEMENT.
You
agree to the terms and conditions outlined in this Agreement with
respect to the Site. This Agreement constitutes the entire and only
agreement between you and us, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site and the subject matter of this
Agreement. We may amend this Agreement at any time from time to time
without specific notice to you. The latest Agreement will be posted on
the Site, and you should review this Agreement prior to using or
reusing the Site.
If
you are dissatisfied with any portion of the service or content, your
sole and exclusive remedy is to discontinue using this Site and any
related websites.
2. COPYRIGHT.
The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under any copyrights, trademarks, service marks and other
proprietary (including but not limited to intellectual property) rights
existing for this Site as applicable. The copying, redistribution, use
or publication by you of any such matters or any part of the Site,
except as allowed by Section 7 below, is strictly prohibited. You do
not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such
information and materials. Some of the content on the Site is the
copyrighted work of third parties.
3. SERVICE MARKS.
AlphaCorpFilings.com
and others are our service marks and/or trademarks. Other product or
company names mentioned on the Site may be service marks or trademarks
of their respective owners.
4. USE LIMITATION.
Services
are intended for your own individual or your business use only. By
using any Service you represent and warrant that (a) you are authorized
to form legally binding contracts under applicable law and that the
information you provide is accurate, current and complete and (b) you
are not a minor.
Access
to and use of the Professional Directory (once available) and
Professional Forum services is through a combination of a user name and
password. Access to and use of the Professional Directory and
Professional Forum web pages by individual consumers is for your own
individual use only and is not to be shared with others. You agree not
to share access with others. Individual consumers of the Professional
Directory and Professional Forum may not access restricted Services
accessed by user name and password only by using the user name and
password of any other party. Unauthorized access of any Service or to
the telecommunications or computer facilities used to deliver such
services is a material breach of these Terms of Use and may be a
violation of law. You assume all responsibility for any claim, demand
or damage resulting from another party obtaining your password.
You
shall not attempt to modify, decompile, reverse engineer or otherwise
attempt to gain access to any technology or source code underlying any
Service.
5. NON-TRANSFERABLE.
Your
right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not
transferable or assignable.
6. CONTENT AND USE OF INFORMATION.
We
reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy.
All Professional Directory listings (once available), Professional
Forum postings, remarks, suggestions, ideas, graphics, or other
information communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be liable for any ideas
(including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities that
may appear in our future products, services or operations. You
acknowledge that you are responsible for whatever material you submit,
and you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
You understand that you are solely responsible for providing accurate
and complete information and that, failure to do so, may result in
actions taken against you by ACF or other users for misrepresentation
or fraud.
ACF
does not represent or warrant that the information available on or
through the Site will be correct, accurate, timely or otherwise
reliable. ACF does not assume responsibility for reviewing or verifying
the material, content and information on its Site and is not
responsible for any damages, losses or expenses or other injuries
incurred by you or any other user as a result of relying on any
material content and information posted on the Site.
AlphaCorpFilings.com
also reserves the right to restrict your access to parts or the entire
Site or any Service without notice or liability. We reserve the right
at our sole discretion to refuse any Service to anyone at any time. We
also reserve the right, in our sole discretion, to amend, edit, remove
or otherwise block any material posted by you which may violate any
local, state, federal law or any aspect of this Agreement or which ACF,
in its sole discretion deems unlawful, obscene, derogatory, abusive,
threatening, discriminatory with respect to race, or gender or
otherwise disagreeable.
Any
authorized additional recipients of materials from the Site are also
subject to these Terms of Use. You agree to take full responsibility
for any additional recipients for agreeing to and following these Terms
and Conditions. You understand that any personal information such as
credit card data and any other private information not intended for
public consumption will be maintained by ACF as confidential. However,
other information intended for publication such as the Professional
Listings and Professional Forum information will be published as
intended on the Site.
Solely
to enable us to use the information you supply us and so that we are
not violating any rights you might have in that information, you agree
to grant us a non-exclusive, worldwide, irrevocable, sublicenseable
(through multiple tiers) right to exercise the copyright and publicity
rights (but no other rights) you have in information provided by you in
connection with the use of any Service and during the term of your use
of any Service. Nothing in this Agreement shall be construed to
constitute a sale or other transfer of title of your trademarks or
copyrights to ACF and its Site AlphaCorpFilings.com.
7. USER CONDUCT AND BEHAVIOR.
When you use any Services on the Site, you represent, warrant and agree that you will not:
-
falsify or misrepresent any personal or business information regarding your identity or intentions with respect to any matter;
-
post,
publish, transmit, distribute or upload any information through or link
directly or indirectly any information to the Site that ACF in its sole
discretion, deems unlawful, obscene, derogatory, abusive, threatening,
discriminatory with respect to race or gender or is otherwise
disagreeable; -
post,
publish, transmit, distribute or upload any information through or link
directly or indirectly any information to the Site that contains a
virus, Trojan horse, worms, time bombs, cancelbots or any other harmful
software code or programming routine that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; -
post,
publish, transmit, distribute or upload any information through or link
directly any information to the Site that is unlawful, fraudulent or
otherwise disagreeable, including without limitation, any information,
communication or transmission that constitutes or supports the
commission of any illegal activity or any violation of local, state,
national or foreign law, statute, ordinance or regulation (including
without limitation, those governing export control, consumer
protection, unfair competition, anti-discrimination or false
advertising); -
use
any Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right, or
property right of us or any third parties; -
When you use any Services on the Site, you represent, warrant and agree that you will not:
post, publish, transmit, distribute or upload any information through
or link directly or indirectly any information to the Site that
violates any copyright, trademark or any other proprietary intellectual
property rights of others, unless you have obtained permission from
such owner and such action would not violate any of the above rights in
such property; -
create compilations or derivative works of any Content and Materials from the Site;
-
remove, change or obscure any copyright notice or other proprietary notice or Terms of Use contained in the Site;
-
use,
copy, print, reproduce, display, distribute, republish, transmit, sell,
rent, lease loan, communicate or otherwise make available in any form
or by any means all or any portion of the Site or any Content and
Materials retrieved from the Site, for any commercial reason, unless
such activity has been expressly approved in writing by Alpha Corp.
Filing, LLC and/or AlphaCorpFilings.com.
-
use
the Site for the purpose of posting, publishing, distributing or
uploading through or linking directly or indirectly by way of the Site
or gathering information for or transmitting (1) unsolicited commercial
email; (2) bulk e-mail solicitations (3) chain letters (3)
advertisements (4) pyramid schemes or any other unsolicited
communication, including but not limited to spamming AlphaCorpFilings.com
users (4) e-mail that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions; (j) use the
Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; -
use any robot, spider or other automatic device or manual process to monitor or copy
AlphaCorpFilings.com's web pages or content contained therein;
-
use any automatic or manual process to harvest information from the Site.
-
use any device, software, or routine to bypass
AlphaCorpFilings.com's
robot exclusion headers or meta tags or to interfere or attempt to
interfere with the proper working of the Site or any transaction being
communicated or conducted on the Site, or take any action that imposes
an unreasonable or disproportionately large load on AlphaCorpFilings.com's infrastructure; or
-
create liability for ACF or one of its websites,
AlphaCorpFilings.com
or cause any of the aforementioned to lose (in whole or in part) the
services of ACF-ProfessionalDirectory ISPs or other suppliers. -
use
the Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of
any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; -
make
any portion of the Site available through any timesharing system,
service bureau, the Internet or any other technology now existing or
developed in the future; -
remove,
decompile, disassemble or reverse engineer any Site software or use any
network monitoring or discovery software to determine the Site
architecture; -
export
or re-export the Site or any portion thereof, or any software available
on or through the Site, in violation of the export control laws or
regulations of the United States.
8. INTERRUPTION OF SERVICE.
You understand that ACF shall take commercially reasonable efforts to
make its Site and service available. However, ACF does not warrant that
the Site or any services provided herein will be free of downtime; ACF
does not warrant access to the Internet or to any other service or
content through the service. Indeed, it is anticipated that the Site
will be inaccessible or inoperable sometimes due to maintenance,
technical problems or other unexpected circumstances. ACF also does not
warrant that the service will be free from errors, bugs, viruses or
other program limitations or that defects will be corrected.
ACF
is not responsible for any damages or losses to any system errors or
interruption affecting the Site or any service and the processing of
any transaction related to any service.
9. MODIFICATION TO SITE.
ACF
reserves the right, for any reason, in its sole discretion, to
terminate, change or suspend any aspect of any service or the Site,
including but not limited to, content, features, functionality or hours
of availability. We reserve the right to edit or delete any documents,
information or other content appearing on the Site. ACF may impose
limits on certain features of any service or Site or restrict your
access to part or all of any Service without notice or liability.
10. THIRD PARTY CONTENT AND LINKING.
Third
party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for
any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. We are not
responsible for information found on or through our Site which has been
generated by Third Parties. You understand that the information and
opinions in third party content represent solely the thoughts of the
author and is neither endorsed by nor does it necessarily reflect our
belief. ACF and AlphaCorpFilings.com
are not responsible for any loss, injury, claim, liability or damage
related to your use of the Site, whether from errors or omissions in
the website content, any other linked websites, from the Site being
inoperative or down or from any other use of the Site. Please bear in
mind that your use of this Site is at your own risk. 11. THIRD PARTY SERVICES AND MERCHANT POLICIES.
We
may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or
services.
All
rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
You
understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service. We are not
a party to the transactions entered into between you and Merchants. You
agree that use of or purchase from such Merchants is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
12. PAYMENTS AND FINANCIAL OBLIGATIONS.
You represent and warrant that if you are purchasing something from us or from Merchants and that:
-
you agree to accept the payment policies for any service in which you are a registeree;
-
any credit information you supply is true and complete;
-
you agree that your credit card on file may be charged for any of the services that you order;
-
charges incurred by you will be honored by your credit card company, and
-
you will pay the charges incurred by you at the posted prices, including any applicable taxes;
-
upon
your initial approval, subscriptions shall renew automatically and
associated subscription charges will be considered on going and will be
discontinued only by your cancellation of the services.
13. REFUND AND RETURN POLICY.
To the extent that you purchase any goods or services directly from us,
we will refund you your purchase price within thirty (30) days of you
notifying us in writing of your desire for the refund, together with
the reason for the request, with the product or service returned to us
in substantially the same condition as when purchased. Please note,
however, that certain products and services mentioned on our Site are
sold by third parties or are linked to third party web sites and we
have no responsibility or liability for those products or services.
Also, federal, state fees or other government processing paid directly
to us or through third party sites are not refundable. You may request
a refund or obtain any additional information concerning our refund and
return policy by contacting us by email at customerservice@alphacorpfilings.com.
14. PRIVACY POLICY.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review our
Privacy Policy.
15. LINKS TO OTHER WEBSITES.
The
Site may contain links to third party websites. These links are
provided solely as a convenience to you and are not as an endorsement
by ACF and/or of the contents on such third party websites. ACF is not
responsible for the content, accuracy or opinions express in such
websites and does not make any representations regarding the content or
accuracy of materials on such third party web sites. Such websites are
not investigated, monitored or checked for accuracy or completeness by
us. Please be advised that if you decide to access linked third party
websites, you do so at your own risk.
16. LINKING TO THE SITE.
You
may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice,
or other notices on the Site, (b) your site does not engage in illegal
or pornographic activities, and you discontinue providing links to
the Site immediately upon request by us.
17. PERMISSION POLICY.
ACF welcomes the use of our copyrighted materials and logo contained on our website
as long as our visitors respect and comply with our procedures to request permission for use of such
materials. Please feel free to contact us at customerservice@alphacorpfilings.com
if you have any further questions about our Permission Policy.
18. REGISTRATION.
Certain
sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done using
your real name and accurate information. Each registration is for your
personal use only and not on behalf of any other person or entity. We
do not permit (a) any other person using the registered sections under
your name; or (b) access through a single name being made available to
multiple users on a network. You are responsible for preventing such
unauthorized use.
19. INFORMATION AND PRESS RELEASES.
The
Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
20. ADVERTISERS.
The
Site may contain advertising and sponsorships. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on
the Site is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem in
the advertiser's or sponsor's materials.
21. DISCLAIMER.
This Agreement is subject to the full Disclaimer,
as amended from time to time, which you should review prior to to using this Site.
By
agreeing to use this website, you acknowledge and agree that your use
of any of the website content, the services provided directly by us or
indirectly through Affiliates and/or Partners and/or the materials
linked to the website are provided through this Site are entirely at
your own risk and that the services and content are provided as is, as available and with all faults, without warranty of any kind,
either express or implied and ACF, its agents, employees,
representatives, independent contractors and its Affiliates and/or
Partners, to the fullest extent permitted by law, disclaim any and all
warranties, express or implied, including, but not limited to: (1)
warranties concerning access to the service, the availability,
accuracy, usefulness of content, products or services and (2) any
warranties of title, warranty of non-infringement, warranties of
merchantability or fitness for a particular purpose.
22. LIMITATION OF LIABILITY.
(a)
We and any Affiliates or Partners shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from the Site or any services or
products obtainable therefrom, (b) the unavailability or interruption
of the Site or any features thereof, your use of the Site, (d) the
content contained on the Site, or (e) any delay or failure in
performance beyond the control of a Covered Party.
(b)
OUR SOLE AND THE AGGREGATE LIABILITY OF ACF, ITS REPRESENTATIVES,
AFFILIATED PARTIES OR PARTNERS IN CONNECTION WITH ANY CLAIM ARISING OUT
OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS
AND SERVICES PROVIDED HEREIN OR HEREBY SHALL BE LIMITED TO THE AMOUNT
PAID BY THE CUSTOMER/MEMBER TO US FOR THE RELATED SERVICES OR CONTENT
PURCHASED FROM ACF AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US OR ANY RELATED AFFILIATES OR
PARTNERS.
(c
) WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND
US. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS.
(d)
ACF WILL NOT BE LIABLE FOR DAMAGES DUE TO SERVICES DIRECTLY PROVIDED
THROUGH THIRD PARTY SERVICE PROVIDERS AND WILL NOT ACCEPT DAMAGE CLAIMS
DUE TO THIRD PARTY SERVICE PROVISION. IN THE CASE OF THIRD PARTY
SERVICES, CUSTOMERS/MEMBERS MUST SEEK DAMAGES DIRECTLY FROM THE THIRD
PARTY SERVICE PROVIDER, SUBJECT TO THE LIMITATIONS SET FORTH IN 24 (a),
24(b) AND 24 ABOVE.
23. NO AGENCY.
The
relationship between you and ACF is that of an independent contractor.
No agency, partnership, joint venture or franchise relationship is
implied, intended or created by the terms and conditions of this
Agreement or the use of the Site by you.
24. NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP.
Information contained on or made available through the Site is not
intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed.
25. LEGAL COMPLIANCE.
You
agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
26. UNLAWFUL ACTIVITY.
We
reserve the right to investigate complaints or reported violations of
this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or
entities relating to your profile, email addresses, usage history,
posted materials, IP addresses and traffic information.
27. SECURITIES LAWS.
The
Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and
objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements are
based upon a number of assumptions and estimates, which are subject to
significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein do not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
28. TERMINATION.
The
terms and conditions of this Agreement constitute a binding Agreement
between ACF and you until terminated by you or ACF. ACF may at any time
in its sole discretion, terminate your user account and access to the
Site and any service. You may discontinue your use of the Site and any
service at any time and notify ACF of termination of your status.
29. ARBITRATION.
Any
controversy or claim arising out of or relating to this Agreement or
any Service shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration
Association. Any such controversy to claim shall be arbitrated on an
individual basis and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration shall be
conducted in Florida and the judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you or ACF
may seek interim or preliminary relief from a court of competent
jurisdiction in Florida necessary to protect the rights or property of
you or ACF pending the completion of arbitration.
30. OWNERSHIP.
Subject
to the intellectual property rights of the users in any content
provided by them in connection with the use of the Site any service,
ACF shall retain all right, title and interest in and to the Site and
the services, including all intellectual property rights.
31. MISCELLANEOUS.
This
Agreement shall be treated as though it were executed and performed in
Miami, Florida, and shall be governed by and construed in accordance
with the laws of the State of Florida (without regard to conflict of
law principles). Any cause of action by you with respect to the Site
(and/or any information, Documents, products or services related
thereto) must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Sections 20, 21 and 28. The
language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically
assigned by us in our sole discretion to a third party in the event of
an acquisition, sale or merger. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision. Our rights under this Agreement
shall survive any termination of this Agreement.
Acceptance of Terms and Conditions
BY USING THE WEBSITE, YOU ARE
DEEMED TO HAVE ACCEPTED THE ABOVE TERMS AND CONDITIONS. If you do not
agree with the Terms of Use in their entirety, please immediately
terminate your use of this Site.
|