Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS WEBSITE OR ANY INFORMATION OR MATERIAL CONTAINED ON THIS WEBSITE IS SUBJECT AT ALL TIMES TO THESE TERMS AND CONDITIONS.
By using and/or visiting this website (the “Site”), you are indicating your acceptance to be bound by these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use the Site.
Except where stated otherwise, the term “ALPHA TECHNOLOGY” used on the Site will be deemed to include ALPHA TECHNOLOGY Inc, their affiliates, subsidiaries, successors and assigns.
ALPHA TECHNOLOGY reserves the right, at its discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check these terms and conditions periodically for changes. Your continued use of the Site following the posting of changes to these terms and conditions will mean you accept those changes.
COPYRIGHT NOTICE
ALPHA TECHNOLOGY either owns the intellectual property rights in the material and information contained on the Site, including (without limitation) the text, images, site design, video, audio, downloadable files, and the underlying code (the “Content”), or has obtained permission of the owner to use the Content on the Site.
No part of this Site may be reproduced, linked to, framed, uploaded, posted, republished, distributed, reverse engineered, modified, stored in any retrieval system or transmitted in any form or by any means, except that you may:
copy, print and download one copy of the Content on a single computer for non-commercial use within your home or organization only, so long as you keep intact all copyright and other proprietary notices;
in connection with the operation of a public search engine, use or launch any automated system to copy Content from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the Content, so long as you do not use or launch any automated system (including without limitation robots or spiders ) that accesses the Site in a manner that sends more request messages to the ALPHA TECHNOLOGY servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and
use the Content in any manner that ALPHA TECHNOLOGY expressly authorizes in writing.
Except as stated above, if you wish to link to this Site, please contact us to obtain our written approval. Failure to obtain such approval in advance is a violation of this agreement and an infringement of ALPHA TECHNOLOGY’s copyright and other proprietary rights.
ALPHA TECHNOLOGY reserves all rights to the Site that are not expressly granted in these terms and conditions.
TRADEMARK NOTICE
The ALPHA TECHNOLOGY name and logo displayed on this Site and all related products and service names are the trademarks, service marks or registered trademarks of ALPHA TECHNOLOGY. ALPHA TECHNOLOGY’s trademarks may not be used or reproduced without ALPHA TECHNOLOGY’s express authorization.
PRODUCT AND SERVICES INFORMATION
ALPHA TECHNOLOGY cannot guarantee the availability of any products or services described on the Site. Without limiting the generality of any other terms and conditions on this Site, ALPHA TECHNOLOGY does not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product or service.
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USER INFORMATION
In the event of any conflict between such Privacy Policy and these terms and conditions, the terms of the Privacy Policy will prevail. Unless otherwise expressly stated, all questions, comments, suggestions or the like regarding any Content or ALPHA TECHNOLOGY document shall be deemed to be nonconfidential and ALPHA TECHNOLOGY shall have no obligation of any kind with respect to such information, and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Furthermore, ALPHA TECHNOLOGY shall be free to use any ideas, concepts, techniques, or know-how contained in such information for any purpose, including but not limited to, development and marketing products that incorporate such information.
THIRD PARTY CONTENT
Any third party Content referred to or used on this Site is not necessarily endorsed or recommended by ALPHA TECHNOLOGY. ALPHA TECHNOLOGY assumes no responsibility with regard to the selection, performance or use of third party Content or third party products, services, websites or vendors. No third party provides any representations or warranties with respect to any third party Content or any usage or interpretation of any third party Content by ALPHA TECHNOLOGY, and no third party will bear responsibility or liability for any Content.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EVERY EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE INFORMATION PRESENTED ON THIS WEBSITE. HOWEVER, ALPHA TECHNOLOGY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. ALPHA TECHNOLOGY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT (INCLUDING WITHOUT LIMITATION THE PRODUCTS AND SERVICES DESCRIBED ON THIS SITE) AT ANY TIME WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY ACKNOWLEDGE THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE INCLUDING (WITHOUT LIMITATION) HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE SITE, ALPHA TECHNOLOGY INCLUDES LINKS TO OTHER WEBSITES THAT ALPHA TECHNOLOGY HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST ALPHA TECHNOLOGY WITH RESPECT TO SUCH WEBSITES.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. BY TRANSMITTING ANY DATA OR INFORMATION TO ALPHA TECHNOLOGY FROM THIS SITE, YOU AGREE TO ASSUME ALL OF THE RISKS ASSOCIATED THEREWITH, INCLUDING (WITHOUT LIMITATION) THE INTERCEPTION OF SUCH DATA OR INFORMATION BY THIRD PARTIES IN ANY MANNER WHATSOEVER.
NONE OF ALPHA TECHNOLOGY OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE UNDER ANY CIRCUMSTANCES TO ANY PERSON FOR ANY CLAIMS, DAMAGES (INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, PUNITIVE, LOSS OF PROFITS OR REVENUES, LOSS OR DAMAGE TO PROPERTY, AND COSTS OF REPLACEMENT GOODS, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER COSTS, INCLUDING (WITHOUT LIMITATION) DAMAGES RESULTING FROM USE OF, OR INABILITY TO USE, THE SITE, OR RELIANCE ON THE INFORMATION AND CONTENT PRESENTED ON THE SITE (INCLUDING WITHOUT LIMITATION ANY HYPERLINKED WEBSITE).
YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE.
INDEMNITY
You agree to indemnify, defend and hold harmless ALPHA TECHNOLOGY, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including (without limitation) reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity (including without limitation negligent or wrongful conduct) related to your use of the Site.
GOVERNING LAW AND JURISDICTION
All matters relating to access to, or use of, the Site, or any other hyperlinked website, will be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.
GENERAL
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In the event that any part of these terms and conditions is held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those terms and conditions will not fail on account thereof, and the balance of the terms and conditions will continue in full force and effect. The terms and conditions on the Site constitute the entire agreement between you and ALPHA TECHNOLOGY governing your use of the Site. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified) or if you access or purchase third party content or software. The failure or delay of ALPHA TECHNOLOGY in exercising any right or remedy under the terms and conditions or elsewhere will not constitute a waiver of such right or remedy. The section titles in these terms and conditions