Terms and Conditions of Use
Alteer Corporation (“Alteer”) makes available for use on this web site (the “Alteer Site”) information, documents, software and products (collectively, the “Materials”) and various services operated by Alteer (collectively, the “Services”). By accessing and using the Alteer Site, which includes your access to and use of any of the Materials or the Services, you agree that your access to and use of the Alteer Site, the Materials and the Services provided by Alteer shall be exclusively governed by these Terms and Conditions of Use (the “Terms and Conditions”). You should read these Terms and Conditions carefully as your access and use of the Alteer Site are expressly conditioned upon your acceptance of these Terms and Conditions. Do not continue using or accessing the Alteer Site unless the Terms and Conditions are acceptable to you.
Alteer shall have the right, at its sole discretion, to modify, add or remove any terms contained in these Terms and Conditions without notice or liability to you. Any changes to these Terms and Conditions shall be effective immediately following the posting of such changes on the Alteer Site. You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of the Alteer Site following changes to these Terms and Conditions shall constitute your acceptance of all such changes. These Terms and Conditions were last modified on March 27, 2006.
Additionally, when using particular Materials or Services on the Alteer Site, you are subject to any posted guidelines or rules applicable to such Materials or Services that may contain terms and conditions of use in addition to those in the Terms and Conditions. All such guidelines or rules are hereby incorporated by reference in the Terms and Conditions.
If you breach any of the Terms and Conditions, your authorization to use the Alteer Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Alteer Site.
While Alteer uses reasonable efforts to include accurate and up-to-date information on the Alteer Site, we make no warranties or representations as to its accuracy, timeliness, reliability, or the completeness of any of the information contained on, downloaded or accessed from the Alteer Site.
To access certain portions of the Alteer Site, you may need a web browser that is compatible with the Alteer Site’s security requirements.
Intellectual Property Rights.
The Materials and Services on the Alteer Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services on the Alteer Site may violate such laws. Except as expressly provided herein, Alteer and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the Materials on the Alteer Site may be reproduced in any form or by any means without the prior written permission of Alteer.
The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Alteer Site are the property of Alteer or other third parties. You are not permitted to use the Marks without the prior written consent of Alteer or such third party. Alteer, the Alteer logo, Alteer Office, Alteer Premiere, and Practice for a Better Life are trademarks of the Alteer Corporation.
All of the contents you see, hear or otherwise experience on the Alteer Site (the “Content”), including, for example, all of the page headers, images, illustrations, graphics, and texts are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Alteer, its affiliates or by third parties who have licensed their materials to Alteer. The entire Content of the Alteer Site is copyrighted as a collective work under U.S. copyright laws, and Alteer owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
Except as otherwise specifically agreed in a separate writing signed by Alteer, the Content of the Alteer Site, and the Alteer Site as a whole, is intended solely for personal use by the users of the Alteer Site, and you agree not to resell or otherwise provide any portion of the Alteer Site, or access thereto, to any third party. You may download, print and store selected portions of the Content, provided that you: (i) only use these copies for your own personal, informational, internal and noncommercial use and you will not distribute the Content; (ii) do not copy or post the content on any network computer or broadcast the Content in any media; and (iii) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Alteer reserves the complete title and full intellectual property rights in any Content you download from the Alteer Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Alteer. Alteer shall have the right to revoke the authorization to view, download and print documents and information available on the Alteer Site at any time and any such use shall be discontinued immediately upon notice from Alteer.
The rights specified above to view, download and print the documents and information available on the Alteer Site are not applicable to the design or layout of the Alteer Site. Elements of the Alteer Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Unless information contained on the Alteer Site is specifically identified as public information, all content contained on the Alteer Site is considered confidential information of Alteer (including, but not limited to, the Alteer Site’s features, functions, options, tools, capabilities, format and layout) (the “Confidential Information”), and you agree not to copy, republish or redistribute the Confidential Information or disclose the Confidential Information to any third parties unless and only to the extent Alteer has given you prior written permission to do so.
Use of Personal Information and Privacy.
You acknowledge that Alteer may use and disclose to third parties certain information from registration or other related data to enforce the Terms and Conditions or to protect itself or others and in accordance with our Privacy Statement located at http://www.alteer.com/info/privacy/. In addition, due to the nature of the Internet and other factors, privacy in your communications cannot be assured and this should always be considered when deciding to transmit confidential or other information through the Alteer Site. By accessing the Alteer Site, you agree to the Privacy Statement in all respects.
Electronic Mail Communications with Alteer.
You may communicate with Alteer through the Alteer Site and via e-mail at the addresses provided to you on the Alteer Site. Unless otherwise expressly noted, use of e-mail is for communication purposes only, and no transactions or contracts will be consummated with Alteer through the use of e-mail. E-mail communications are not secure and are treated as non-confidential and non-proprietary. If you send information via e-mail, you do so at your own risk and Alteer shall have no obligation or liability of any kind with respect to any e-mail communications sent by you. You should not submit any Protected Health Information (as that term is defined in the Privacy Statement available on the Alteer Site) via e-mail. Alteer shall have no obligation or liability of any kind with respect to any such Protected Health Information that you provide via e-mail or via the Alteer Site.
Registration, User Identification Codes and Passwords.
In order to use certain portions of the Alteer Site, you are required to complete a registration form containing your first and last name, mailing address, and your e-mail address. If you do not provide all of this information, you will not be able to register for, or use those portions of the Alteer Site. In consideration for your use of the Alteer Site, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the Alteer Site and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your profile, as required. If any information provided is not true, accurate, current or complete, or Alteer has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then Alteer shall have the right to suspend or terminate your right to use the Alteer Site and refuse to provide any current or future services to you.
Disclaimers; Limitation of Liability.
ALL CONTENT AND OTHER INFORMATION, DATA AND MATERIALS ON THE ALTEER SITE OR OBTAINED OR DELIVERED THROUGH THE SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusions of warranties.
ALTEER MAKES NO WARRANTY THAT THE ALTEER SITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS THERETO WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ALTEER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ALTEER SITE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE ALTEER SITE WILL MEET YOUR EXPECTATIONS. ALTEER ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR BROWSING IN THE ALTEER SITE OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, OR IMAGES FROM THE ALTEER SITE OR THROUGH USE OF THE SERVICES.
YOUR USE OF THE ALTEER SITE IS AT YOUR OWN RISK. NEITHER ALTEER NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE ALTEER SITE OR THE SERVICES PROVIDED THROUGH THE ALTEER SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF THE ALTEER SITE OR THE SERVICES.
If you are dissatisfied with the Alteer Site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Alteer Site. You acknowledge, by your use of the Alteer Site, that your use of the Alteer Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of Alteer and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed One Thousand Dollars ($1,000.00).
Subject to the Privacy Statement located at http://www.alteer.com/AlteerCorpv5/info/privacy on the Alteer Site, any communication or material that you transmit to the Alteer Site or by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, (a) is and will be treated as, non-confidential and non-proprietary, and (b) may be used by Alteer or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Alteer is free to use any ideas, concepts, know-how, or techniques, contained in any communication you send to the Alteer Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
We welcome your comments and suggestions regarding the Alteer Site. However, any comments, feedback, notes, messages, ideas, suggestions, support requests, feature requests or other communications sent by you (or on your behalf) to Alteer (collectively, the “Comments”) will be and remain the exclusive property of Alteer. Your submission, directly or indirectly, of any Comment will constitute an assignment to Alteer of all rights, titles and interests in all copyrights and other intellectual property rights in that Comment. Alteer will be entitled to use, reproduce, disclose, publish and distribute any and all Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comment that you do not wish to assign to us. You agree not to submit any Comment that may be submitted in violation of any agreement or obligation to keep that Comment confidential. Alteer expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit that personally identifies you will be subject to our Privacy Statement.
Indemnification.
You agree to indemnify, defend and hold harmless Alteer and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Alteer Site, your violation of the Terms and Conditions or your violation of any rights of another user. Alteer reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
External Links.
This Alteer Site may contain links to other Internet sites or resources (“External Sites”). Since these External Sites are not under the control of Alteer, you acknowledge and agree that Alteer shall not be responsible for the availability of the External Sites nor is it responsible or liable for any content, advertising, products or other materials located on or through any External Site. Links provided to External Sites do not represent endorsements of any information, products or services on such sites, and no information on such sites has been approved or endorsed by Alteer. Under no circumstances shall Alteer be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available on such External Sites. Any concerns that you may have regarding any External Sites should be directed to its respective site administrator or webmaster.
Governing Law.
These Terms and Conditions will be governed by and interpreted pursuant to the laws of the State of California, notwithstanding its conflicts of laws provisions. You agree and hereby submit to the exclusive personal jurisdiction and venue of any federal or state court located in Orange County, California, for the resolution of any disputes arising from these Terms and Conditions or any use or access of the Alteer Site.
General Information.
These Terms and Conditions constitute the entire agreement between you and Alteer governing your use of the Alteer Site and will supersede any prior agreements between you and Alteer concerning such subject matter. The failure of Alteer to exercise or enforce any right of provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court to be invalid or unenforceable the parties nevertheless agree that the court will endeavor to give effect to the parties’ intentions as reflected in these Terms and Conditions, and the other provisions of these Terms and Conditions will remain in full force and effect.
|