Terms & Conditions
Last Updated: 01/22/23
Alpha reserves the right to modify these Terms, and our Site and Services at any time. If we do, any changes or modifications will be posted on the Site at https://AlphaX.us/terms-conditions. If you access or use the Site or our Services after a change, that means you accept the changes, so you should make sure to review our posted policies from time to time. If you do not agree to these Terms, you may not use our Site, products, or Services.
1. Your Access to the Site & Services
You must be at least eighteen (18) years or older to access the Site or Services.
Subject to the Terms, Alpha grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the Site and Services. The license granted to you terminates immediately if you breach any of these Terms. For access to certain Services, Alpha may require you to register for an account and provide additional information or payment. All information you provide must be accurate and truthful. If you decline to provide the requested information, provide false information, or fail to make a required payment, Alpha may cancel your account and deny you access to the Services at any time, without notice.
You may request deletion of your account at any time by sending a request to cancel and delete your account to [email protected]. Please note that Alpha may retain certain information about your account as required by applicable law or for our legitimate business purposes.
2. Prohibited Uses
The Site and Services are intended for your personal use only, and you agree not make any commercial use of the Site, Services, or any associated content. You may not modify or download (other than normal page caching) any portion of the Site or content from the Services unless (i) your download is for personal, non-commercial use, and (ii) you have obtained written authorization in advance from Alpha. You further agree not to copy any of our content for the benefit of any third party, or use any data mining, scraping, or similar data gathering tools. You also agree not to reproduce, copy, modify, display, sell, visit, or exploit any content from the Site or Services for any purpose.
You agree not to take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have towards anyone. You also agree not to engage in any activity that in Alpha’s opinion conflicts with the spirit or intent of these Terms.
3. Account Security Responsibility
If you choose to register on the Site or through the Services, you may need to choose a username and set a password. You are responsible for all the activity on the Site and as part of the Services, and for keeping any usernames and/or passwords confidential. If you know or suspect that someone has used username and/or password without permission, you must immediately report it to us at [email protected].
You should use particular caution when accessing the Site and Services from a public or shared computer so that others are not able to view or record your password or other personal information. Alpha reserves the right to disable any account, username, or password at any time and for any reason, particularly where abuse or misuse is suspected.
4. Payment Information
Your payment information for any purchases you make through the Site or Services will be processed and stored through a third-party payment processor. You are responsible for paying any and all fees associated with your use of the Site and Services, including any products purchased through the Site. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law. Please refer to the Site or Services for pricing information. You acknowledge that Alpha may change its prices at any time.
5. Your Information and Data
6. Intellectual Property
The Site and Services are legally protected through copyrights, trademarks, service marks, patents, trade secrets, and other laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site or Services. You agree you will not directly or indirectly copy, reproduce, modify, distribute, create derivative works from, or publicly display the Site or Services without Alpha’s prior express written permission. Except for the limited license identified in Section 1 above, you acknowledge nothing in these Terms grants you any right, title, or interest in any of Alpha’s intellectual property.
7. Third Party Sites and Content
8. Our Rights
All rights not expressly granted to you in these Terms are expressly reserved by Alpha. This includes the following rights, which we reserve the right to exercise at any time:
- We can make changes to our Site and Services without notice.
- We can change our eligibility criteria at any time.
- We have the right to decide who’s eligible to use our Site and Services.
- We can cancel or decline to offer our Site and Services.
- We have the right to cancel any order at any time and for any reason.
You agree that Alpha is not liable for any damages that may result from taking any of the above actions.
9. Disclaimer of Warranties
Alpha tries to keep the Site and Services working, error-free, and safe, but cannot guarantee that the Site and/or the Services will be secure or that access to or use of the Site and the Services will be uninterrupted or free of errors or omissions. Alpha uses reasonable care and skill in providing the Site and the Services, but the Site, the Services, and any products provided through the Site are provided without any warranties of any kind.
ALPHA AND ITS AGENTS, OFFICERS, EMPLOYEES, SUCCESSORS, AND AFFILIATES PROVIDE THE SITE, THE SERVICES, AND ANY PRODUCTS AVAILABLE THROUGH THE SITE “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND ALPHA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. ALPHA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE SERVICES, THE SITE, OR ANY PRODUCTS WILL MEET YOUR PARTICULAR NEEDS, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALPHA OR A ALPHA-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.
10. Limitation of Liability
IN NO EVENT WILL ALPHA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE, AND PRODUCTS PURCHASED FROM THE SITE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ALPHA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL ALPHA BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO ALPHA IN THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, hold harmless, and defend Alpha, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) use of the Site, the Services, or products acquired through the Site by you or anyone using your account; (ii) breach of these Terms by you or anyone using your account; (iii) any information used, stored, or transmitted in connection with your account; or (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account.
12. Monitoring; Enforcement; Termination
You acknowledge that Alpha has the right to (i) monitor your use of the Site and Services to ensure compliance with the Terms; (ii) take any action with respect to any content or actions that Alpha deems inappropriate in its sole discretion; (iii) take appropriate legal action, including without limitation, referral to law enforcement or disclosure of your identity, for any illegal or unauthorized actions.
13. Governing Law; Mandatory Binding Arbitration.
These Terms shall be governed by Minnesota law except for its conflicts of laws principles. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or Services, or violation of any intellectual property. You agree that any proceedings arising out of these Terms or your use of the Site or Services shall be brought in the federal or state courts in Hennepin County, in the State of Minnesota and you hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the city of Minneapolis and County of Hennepin, Minnesota in any legal suit, action, or proceeding arising out of or related to these Terms.
This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer’s country.
No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of these Terms is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Feedback, questions, comments, requests for technical support and other communications relating to the Site or Services should be directed to [email protected].