Terms of Service
2. Responsibility of Visitors.
AlphaPrep has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, AlphaPrep does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AlphaPrep disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted. Any visitor, regardless of whether they have an account, agrees comply with this Agreement, including the User Guidelines, to the extent relevant. AlphaPrep reserves the right to use any technological means to bar any visitor from visiting the site, regardless of whether they currently have an account with any of the Services, for any reason, including if the user submits content or data that may be technologically harmful, illegal, or otherwise violate the standards set forth in the User Guidelines
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Services link, and that link to the Services. AlphaPrep does not have any control over those non-Service websites, and is not responsible for their contents or their use. By linking to a website external to the Services, AlphaPrep does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AlphaPrep disclaims any responsibility for any harm resulting from your use of non-Service websites and webpages.
4. Copyright Infringement and DMCA Policy.
As AlphaPrep asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright, you are encouraged to submit a takedown notice AlphaPrep at email@example.com. A valid takedown notice must include:
- Identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and email address
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
AlphaPrep has no requirement to review or respond to any notice that does not satisfy these requirements. AlphaPrep will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. AlphaPrep will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of AlphaPrep or others. In the case of such termination, AlphaPrep will have no obligation to provide a refund of any amounts previously paid to AlphaPrep. Independent of any DMCA takedown procedures and any other provisions of this agreement, AlphaPrep retains the right to remove any user-submitted content that AlphaPrep deems potentially infringing of any of its own or any third party’s intellectual property.
5. Intellectual Property.
This Agreement does not transfer from AlphaPrep to you any AlphaPrep or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with AlphaPrep. Your license to use or view any materials that embody AlphaPrep intellectual property is non-exclusive and revocable, and extends only to the extent necessary to use the Services provided by AlphaPrep as AlphaPrep intends. Your purchase of a subscription from AlphaPrep, including those for Services, does not convey any right to copy, modify, distribute, or otherwise use any materials provided through the Services, regardless of whether they were created by or provided by AlphaPrep, beyond uses within the Services to which AlphaPrep has authorized. AlphaPrep.net, and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of AlphaPrep or AlphaPrep’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any AlphaPrep or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will make our best effort to inform you before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
AlphaPrep may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or any of your account(s) to the Services, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
Our Services are provided “as is.” AlphaPrep and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AlphaPrep nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Limitation of Liability.
In no event will AlphaPrep, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to AlphaPrep under this agreement during the twelve (12) month period prior to the cause of action. AlphaPrep shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty.
11. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and AlphaPrep reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless AlphaPrep, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between AlphaPrep and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AlphaPrep, or by the posting by AlphaPrep, its successor, or its assigns, of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state courts in Washington County, Oregon, and federal courts located nearest Beaverton, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AlphaPrep may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.