The AlphaCur website (the "Site") is an online information service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, 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 SHOULD NOT ACCESS OR USE THE SITE. AlphaCur MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REGULARLY REVIEW THE AGREEMENT TO BE AWARE OF SUCH CHANGES AND TO ACCEPT THE MODIFIED AGREEMENT.
All content on the Site is protected by international copyright and trademark laws. The owner of the copyrights and trademarks is AlphaCur, its affiliates, or other third-party license holders. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, DOWNLOAD, PUBLISH, TRANSMIT, OR DISTRIBUTE IN ANY WAY THE MATERIALS FROM THE SITE, INCLUDING TEXT, GRAPHICS, CODE, AND/OR SOFTWARE. You may print and download parts of the materials from various areas of the Site only for your personal non-commercial use, provided that you agree not to modify or remove any copyright notices or proprietary notices on the materials. You agree to grant AlphaCur a non-exclusive, free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works, publicly display, and publicly perform any materials and other information (including, but not limited to, ideas contained in new products and improved services) that you submit to any public area of the Site (such as message boards, forums, and chat groups) or via email to AlphaCur, by any means and in any media now known or hereafter developed. You also grant AlphaCur the right to use your name in connection with the submitted materials and other information, as well as in connection with any advertising, marketing, and promotional materials related thereto. You agree not to hold AlphaCur liable for any alleged or actual violation or misappropriation of any proprietary right in your communications to AlphaCur.
The publications, products, content, or services referenced here or on the Site are the exclusive trademarks or service marks of AlphaCur. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
You understand that, except for information, products, or services clearly identified as being provided by AlphaCur, AlphaCur does not operate, control, or support in any way the information, products, or services on the Internet. Except for information, products, or services identified as being provided by AlphaCur, all information, products, and services offered through the Site or on the Internet in general are provided by third parties who are not affiliated with AlphaCur. You also understand that AlphaCur cannot and does not guarantee that files available for download through the Site will be free of infection or viruses, worms, Trojan horses, or any other code exhibiting contaminating or destructive properties. You are responsible for implementing sufficient procedures and controls to meet your particular requirements for the accuracy of data input and output and for maintaining a means external to the Site for reconstructing any lost data.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. AlphaCur PROVIDES THE SITE AND ASSOCIATED INFORMATION "AS IS" AND MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING THE SERVICE, INFORMATION, OR SERVICES PROVIDED BY THE SERVICE OR ON THE INTERNET IN GENERAL, AND AlphaCur SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE RESULTING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL ADVICE, SERVICES, GOODS, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET IN GENERAL. DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU ALSO UNDERSTAND THAT THE PURE NATURE OF THE INTERNET CONTAINS UNMODERATED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY OFFEND YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. AlphaCur EXERTS NO CONTROL OVER THESE MATERIALS AND ACCEPTS NO LIABILITY FOR THEM.
IN NO EVENT SHALL AlphaCur BE LIABLE FOR (I) INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND SIMILAR) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, TRANSACTION PROVIDED THROUGH THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICES. EVEN IF AlphaCur OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIMS ARISING FROM ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR THE MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AlphaCur'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
AlphaCur makes no representations regarding any other website you may access through it or that may link to this Site. When you access a website not linked to AlphaCur, please understand that it is independent of AlphaCur, and AlphaCur has no control over the content of that website. Furthermore, a link to an AlphaCur website does not mean that AlphaCur endorses or accepts any responsibility for the content or use of that website.
You agree to indemnify, defend, and hold harmless AlphaCur, its directors, officers, employees, agents, licensors, suppliers, and any other third-party information providers to the Service, from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation of this Agreement (including negligent or unlawful conduct) by you or any other person accessing the Service.
The provisions of sections 2 (Use of the Service) and 3 (Indemnification) benefit AlphaCur as well as its directors, officers, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these persons or entities will have the right to enforce and apply these provisions directly against you in their own name.
This Agreement may be terminated by either party at any time without notice and for any reason. The provisions of sections 1 (Copyright, Licenses, and Submissions of Ideas), 2 (Use of the Service), 3 (Indemnification), 4 (Third-Party Rights), and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the United States of America applicable to agreements entered into and to be performed within the United States of America. You agree that any legal action or proceeding between Daily Health and you for any reason concerning this Agreement or the obligations of the parties under this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction located in the United States of America. Any cause of action or claim you may have regarding the Service must be commenced within one (1) year after the claim or cause of action arises, otherwise such claim or cause of action is barred. The failure of AlphaCur to enforce or demand strict compliance with any provision of this Agreement shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor the trade practice shall modify any provision of this Agreement. Daily Health may assign its rights and obligations under this Agreement at any time and to any party without notice.
All rights not expressly granted herein are reserved.