TERMS AND CONDITIONS FOR USE OF ALERA ON-LINE SERVICES
Effective January 01, 2009
This following Agreement terms and conditions
govern your access and usage of the services (the "ALERA Online
Services") and the materials available therein ("Materials").
Please read this Agreement carefully before accessing or using
the ALERA Online Services or Materials. By accessing or using
the ALERA Online Services or Materials, you agree to be bound by
the terms and conditions set forth below. If you do not wish to
be bound by these terms and conditions, you may not access or
use the ALERA Online Services or Materials. If you do not have
the legal authority to bind, please do not access the ALERA
Online Services or Materials. If you utilize the ALERA Online
Services in a manner inconsistent with these terms and
conditions, ALERA Group, Inc. may terminate your access, block
your future access and/or seek such additional relief as the
circumstances of your misuse indicate is proper. ALERA Group,
Inc. may modify this Agreement at any time, and such
modifications shall be effective immediately upon posting of the
modified Agreement. You agree to review the Agreement
periodically to be aware of such modifications and your
continued access or use of the ALERA Online Services or
Materials shall be deemed your conclusive acceptance of the
modified Agreement.
1. AUTHORIZED COMMUNICATIONS;
INFORMATION YOU PROVIDE TO ALERA GROUP, INC.
1.1 By utilizing the ALERA Online Services or
Materials, you acknowledge that you have agreed to receive
electronic mail, telephone calls, and other communications from
ALERA Group, Inc., its agents, affiliates, independent
contractors, successors, and assigns. You agree that ALERA
Group, Inc. may contact you with regard to these Terms and
Conditions, the ALERA Online Services and Materials,
opportunities in which you may be interested, and other related
purposes.
1.2 When using the ALERA Online Services or
Materials, you may be prompted to disclose certain information
about yourself (“Personal Information”). Your use of the ALERA
Online Services or Materials indicates your express consent for
ALERA Group, Inc. to use and disclose your Personal Information
in accordance with ALERA Group, Inc.’s Privacy Policy.
2. LICENSE; RESTRICTIONS ON USE
2.1 Except for distributions in compliance
with these Terms and Conditions, you may not distribute any
Materials, ALERA Online Services, or software associated with or
derived from it, modify, copy, license, or create derivative
works from the same, unless you obtain Company’s express written
permission in advance.
2.2 You are granted a nonexclusive,
nontransferable, limited license to access and use the ALERA
Online Services and Materials from time to time made available
to you. This license includes: (a) The right to electronically
display Materials retrieved from the ALERA Online Services to no
more than one person at a time; (b) The right to obtain a
printout of Materials via printing commands of the ALERA Online
Services and to create a single printout of Materials downloaded
via downloading commands of the ALERA Online Services
(collectively, "Authorized Printouts");
2.3 Except as specifically provided herein,
you are prohibited from downloading, storing, reproducing,
transmitting, displaying, copying, distributing, or using
Materials retrieved from the ALERA Online Services. You may not
print or download Materials without using the printing or
downloading commands of the ALERA Online Services.
2.4 All right, title, and interest (including
all copyrights and other intellectual property rights) in the
ALERA Online Services and Materials (in both print and
machine-readable forms) belong to the Covered Party. You acquire
no proprietary interest in the ALERA Online Services, Materials,
or copies thereof.
2.5 Except as specifically provided herein,
you may not use the ALERA Online Services or Materials retrieved
from the ALERA Online Services in any fashion that infringes the
copyrights or proprietary interests therein.
2.6 You may not remove or obscure the
copyright notice or other notices contained in Materials
retrieved from the ALERA Online Services.
3. ACCESS TO SERVICES
3.1 Only purchasers of the Materials may
access and use the ALERA Online Services.
3.2 You may not use an identification number
to access the ALERA Online Services from outside the country for
which it was issued.
3.3 You may be restricted from accessing
certain Materials otherwise available in the ALERA Online
Services.
3.4 Materials and features may be added to or
withdrawn from the ALERA Online Services and the ALERA Online
Services otherwise changed without notice.
4. COMPANY REPRESENTATIONS;
LIMITED WARRANTY
4.1 ALERA Group, Inc. represents and warrants
that it has the right and authority to make the ALERA Online
Services and Materials available pursuant to these Terms and
Conditions.
4.2 ALERA Group, Inc. represents and warrants
that it shall take all necessary steps to comply with the CAN
SPAM Act of 2003 and any and all other applicable laws with
respect to advertising and marketing.
4.3 ALERA Group, Inc. and its affiliates,
officers, directors, employees, subcontractors, agents,
successors, or assigns, make no representations or warranty,
express or implied, as to the accuracy, earnings claims,
content, and advertising materials on its web sites. In the
event that any advertisement is inaccurate, your sole remedy is
for ALERA Group, Inc. to remedy such inaccuracy within fifteen
(15) working days of it being notified of the inaccuracy. You
understand and agree that the online content and advertising
copy therein solely represents hypothetical examples and does
not in any way guaranty income, revenue, or performance of the
ALERA Online Services and Materials and does not in any way
represent explicit or implicit earnings claims for the user.
4.4 The content, claims, and representations
of independent third-party testimonials from users of the ALERA
Online Services and Materials is not subject to Company’s prior
approval and no representation or warranty is given by ALERA
Group, Inc. to the accuracy of such testimonials. ALERA Group,
Inc. does not undertake to review the contents of any
testimonials and any such review of, and approval by, ALERA
Group, Inc. shall not be deemed to constitute an acceptance by
ALERA Group, Inc. that such testimonial is provided in
accordance with the terms of the Agreement, nor shall it
constitute a waiver of the its rights hereunder. You understand
and agree that the online content, claims, and representations
of such third party testimonials does not in any way guaranty
income, revenue, or performance of the ALERA Online Services and
Materials and does not in any way represent explicit or implicit
earnings claims by ALERA Group, Inc. for the user.
4.5 EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION 4, THE ALERA ONLINE SERVICES AND MATERIALS ARE PROVIDED
ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE
ALERA ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
5. CUSTOMER’S REPRESENTATIONS AND
WARRANTIES
5.1 Any buyer, customer, end user, consumer
or any other party that utilizes the ALERA Online Services or
Materials in any way (the “Customer”) represents and warrants
that Customer will not utilize the ALERA Online Services or
Materials in such a fashion that will violate any law, statute,
ordinance, or regulation, including, without limitation, false
or deceptive advertising laws or the CAN SPAM Act of 2003.
5.2 Customer represents and warrants that
Customer will not utilize the ALERA Online Services or Materials
to infringe on any third party’s copyright, patent, trademark,
trade secret, or other proprietary rights.
5.3 Customer represents and warrants that
Customer will not utilize the ALERA Online Services or Materials
to display any material that may be considered defamatory,
libelous, pornographic, obscene, or contain any viruses, Trojan
horses, worms, or other harmful programs.
6. LIMITATION OF LIABILITY
6.1 A Covered Party (as defined below) 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 ALERA Online Services or any Materials
available or not included therein, (b) the unavailability or
interruption of the ALERA Online Services or any features
thereof or any Materials, (c) your use of the ALERA Online
Services or Materials (regardless of whether you received any
assistance from a Covered Party in using the ALERA Online
Services), (d) your use of any equipment in connection with the
ALERA Online Services, (e) the content of Materials, or (f) any
delay or failure in performance beyond the reasonable control of
a Covered Party.
6.2 "Covered Party" means ALERA Group, Inc,
its affiliates, and any officer, director, employee,
subcontractor, agent, successor, or assign of ALERA Group, Inc
or its affiliates.
6.3 “ALERA Group, Inc.” means ALERA Group,
Inc.
6.4 THE AGGREGATE LIABILITY OF THE COVERED
PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR
RELATING TO THE ALERA ONLINE SERVICES OR MATERIALS SHALL NOT
EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO
MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
6.5 THE COVERED PARTIES SHALL NOT BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING
IN CONNECTION WITH THE ALERA ONLINE SERVICES, MATERIALS, OR THE
FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS,
REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
7. REFUND POLICY
7.1 ALERA Group, Inc. offers an unconditional
refund of the purchase price of any product or service upon the
submission of a refund request form within sixty (60) days of
your purchase. It may take Company up to ten (10) business days
from the date ALERA receives your refund request to process your
refund.
7.2 A Customer Service Representative will
work with you to resolve any issues you may have with regard to
ALERA Group, Inc.’s products, services, or web sites. If you
have any such issues, please contact ALERA Group, Inc.’s
Customer Service Department at 1-888-383-2370.
8. TERM OF SERVICE; SHIPPING
POLICY
8.1 There is no limitation on the term of
service with respect to these Terms and Conditions. You will
retain access to all purchased services and products so long as
you remain a customer in good standing with ALERA Group, Inc.
ALERA Group, Inc. does not have any recurring cost, product, or
service.
8.2 Upon purchase of the product or service,
Company will provide you with the appropriate link or other
information with which you may access the purchased product or
service. If you experience any difficulty in accessing the
purchased product or service, you should contact ALERA Group,
Inc.’s Customer Service Department at 1-888-383-2370.
9. MISCELLANEOUS
9.1 ALERA Group, Inc. reserves the right to
modify these Terms and Conditions from time to time in its sole
discretion, without notice or liability to you. You agree to be
bound by these Terms and Conditions, as modified. Please review
the most current version of the Terms and Conditions from time
to time, so that you will be apprised of any changes. Your
continued use of the ALERA Online Services or Materials after
any such change shall constitute your express consent to be
bound by such changes.
9.2 Charges and payment terms may be changed
in accordance with the applicable price schedule; all other
provisions may be changed by ALERA Group, Inc. immediately. Your
access to the ALERA Online Services may be terminated
immediately upon notice to the provider of the ALERA Online
Services if any change is unacceptable. Continued use of the
ALERA Online Services following any change constitutes
acceptance of the change.
9.3 ALERA Group, Inc. may terminate your
access to the ALERA Online Services. The effective date of
termination shall be ten (10) days after the receipt of an
appropriate notice of termination, unless a later date is
specified in the notice. ALERA Group, Inc. may suspend or
discontinue providing the ALERA Online Services to you without
notice and pursue any other remedy legally available to it if
you fail to comply with any of your obligations hereunder.
9.4 Except as otherwise provided herein, all
notices and other communications hereunder shall be in writing
or displayed electronically in the ALERA Online Services by
ALERA Group, Inc.. Notices shall be deemed to have been properly
given on the date deposited in the U.S. mail, if mailed; on the date
first made available, if displayed in the ALERA Online Services;
or on the date received, if delivered in any other manner.
Notices to ALERA Group, Inc. should be sent to: ALERA Group,
Inc, PO Box 6111,
Wyomissing, Pennsylvania 19610.
9.5 The failure of ALERA Group, Inc. or any
third party supplier of Materials to enforce any provision
hereof shall not constitute or be construed as a waiver of such
provision or of the right to enforce it at a later time.
9.6 You may not assign your rights or
delegate your duties under your access to the ALERA Online
Services without the prior written consent of ALERA Group, Inc..
9.7 These Terms and Conditions shall be
governed by and construed in accordance with the laws of the
State of Pennsylvania.
|