Please read this Terms of Service Agreement (“Agreement”) carefully, as it constitutes a legally binding agreement and applies to your use of (a) www.Alpine.com and all corresponding domains, subdomains, web pages and websites associated therewith (the “Site”), (b) Alpine courses, career track programs, or other programs (“Programs”), (c) any other content, applications, features, functionality, communication platforms, live events, information and services offered on or through the Site (the foregoing subsections (a), (b), and (c) are collectively referred to herein as the “Services”), which are offered to you by Alpine (“Alpine”, “we”, “us” or “our”). Alpine is owned and operated by Alpine.
Acceptance of Terms
Users of the Services (“Users”) includes but is not limited to, individuals and entities who access unpaid content or portions of the Services, and unregistered and Registered Users (as defined below). Users also include registered students (“Students”) who have current paid access to Alpine Programs, as well as Alpine staff, mentors, career coaches, external partners, vendors, and similar individuals and entities (collectively, “Participants”).
We may modify this Agreement from time to time and notice of such changes shall be given by posting an updated Agreement on the Site with the updated date next to “Last Updated.” We may provide notices of material changes to the Agreement by emailing you or notifying you upon login about these changes, provided that the form of such notice is at our discretion. Once we post or make available such changes to the Agreement, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by such changes. Please check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
Eligibility For Use of Services
In order to use the Services, you must be 18 years of age or older, or be between 14 and 18 years of age and have the consent of your parent or guardian. By using the Services, you represent, warrant and covenant to Alpine that you meet the foregoing eligibility requirements and further acknowledge and agree that certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions.
In order to access and utilize certain content, features, and/or functionality of the Services, we require that you become a registered User (“Registered User”) and register for a Alpine user account (“User Account”) using your preexisting Facebook, Google, or LinkedIn account, or with a unique username (email address) and password combination (“User Credentials”), and provide certain additional information. Certain information you provide for your User Account will be visible to other Users of the Services. You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information.
Programs can be accessed by Participants. However, Participants must create User Accounts and become Registered Users to have access to the Programs. If you elect to become a Registered User of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to, or use of, the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. It is therefore critical that you do not share your User Credentials with anyone, and you should use caution when accessing your User Account from a public or shared computer so that others are not able to view or record your User Credentials or access your User Account. You agree to immediately notify Alpine of any unauthorized use of your User Credentials or User Account, or any other breach of security. We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any User Account or element of the Services.
Access To And Usage Of The Services
If you are a Student, you must make your payments in order to access and maintain access to our Programs. Without limiting the foregoing, Students may not access Programs if the term of their paid access has lapsed or if you have violated any term of this Agreement or other agreements and Additional Terms related to the Programs.
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Site, to Registered Users and/or otherwise, as we determine at our sole discretion. You further acknowledge and agree that certain Services (in whole or in part), and certain content contained therein, may be accompanied by technology and/or other restrictions (e.g., digital rights management technology, etc.) that protect digital information and content from unauthorized use and access and may limit and restrict your usage of such information and content in accordance with certain rules and restrictions. You agree to always comply with such rules and restrictions and shall not violate or attempt to violate any security components thereof.
Term And Termination
Purchasing Alpine Programs
To the extent you choose to purchase Alpine products/services, you represent and warrant that (i) you are 18 years of age or older and (b) you agree to pay, in full, all applicable fees and charges (including, without limitation, all applicable taxes) as they become due, and your failure to pay any such fees may result in the termination of your User Account. Alpine does not support all payment methods, currencies, or locations for payment. All applicable taxes are calculated based on the billing information you provide to Alpine at the time of purchase. If the payment method you use (e.g., credit card, etc.) reaches its expiration date and you do not edit your payment method information or cancel your User Account, you acknowledge and agree that Alpine may continue to bill such payment method and you shall remain responsible for any uncollected amounts.
The price for your Program(s) is set as stated on the applicable program payment page. Once you complete your purchase of the Program(s), the price of your Program will not change. However, prior to any purchase confirmation, prices are subject to change without notice.
Students can cancel or withdraw from our Programs by emailing support@Alpine.com. Some students may be eligible to withdraw from our Programs via their User Account. Full and partial refunds upon cancellation or withdrawal may be given only in the limited circumstances outlined in our express refund policies applicable to a Student’s Program(s) (“Refund Policy”). Other than stated in our Refund Policy, Alpine does not guarantee refunds on any fees or charges related to Alpine Programs including, without limitation, for lack of usage or dissatisfaction.
You acknowledge and agree that we may utilize certain third-party payment service providers, including, without limitation, third-party payment systems and payment processing services (“Third-Party Payment Providers”), in connection with your purchases via Alpine. All purchases made through these Third-Party Payment Providers are subject to their respective terms and conditions of use. Alpine makes no guarantees or representations regarding the performance or fairness of these Third-Party Payment Providers, and we encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
All charges on the Site are facilitated through Stripe Connect, a third-party payment processing service. In order to make a purchase on the Site, Users are subject to, and must expressly consent to, the Stripe Connected Account Agreement, including any modifications, which includes Stripe’s Stripe Terms of Service. As a condition of Alpine enabling payment processing services through Stripe, you agree to provide Alpine accurate and complete information about you and your business (if applicable), and you authorize Alpine to share it and transaction information related to your use of the payment processing services provided by Stripe.
Alpine may replace its Third-party Payment Providers, including Stripe, without notice to you. Additional terms may apply to your access to, and use of, the Services and all such terms are deemed Additional Terms and incorporated herein by reference.
Intellectual Property Rights
Alpine (and/or its licensors) own all right, title and interest in and to the Services, including, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services).
The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial, and limited personal use in accordance with the terms and conditions of this Agreement, and for no other purposes, and except as expressly authorized by Alpine herein and/or set forth in Additional Terms. You shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use or share, the Services, including, without limitation, any content therein, without the express, prior written consent of Alpine or its owner if Alpine is not the owner.
You further understand and agree that the framing, or scraping of, or in-line linking to the Services and/or the use of Web crawler, spidering or other automated means to access, copy, index, process and/or store any content made available on or through the Services other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services.
Rules For Using The Services
You are solely responsible for your conduct in connection with the Services. You may not allow any third party (whether or not for your benefit or otherwise) to alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services;
You may not:
Modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part;
Create any derivative works from any part of the Services, or encourage, assist or authorize any other person in doing so, except as expressly authorized by Alpine and set forth in Additional Terms;
Engage in or encourage conduct that (a) would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other third party, (b) affects adversely or reflects negatively on Alpine, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, and/or (c) discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
Modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User;
Impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity; or
Solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other Users or other information.
Third Party Services
From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners as a result of your use of the Site (collectively, “Advertisers”). All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
The Services may provide you and other Users with an opportunity to participate in viewing communities, message boards, chat rooms, personal profiles, forums and other message, comment and communication features on the Services, including in connection with Third Party Social Media Services that provide you with the opportunity to submit, post and otherwise make available content, messages and other information via the Services (collectively, “User Content”). You represent, warrant and covenant that (i) you own any and all User Content you make available or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein, and (ii) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Content.
We do not acquire any title or ownership rights in the User Content that you submit and/or make available. After you submit, post, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content.
You agree that (i) you have no expectation of privacy in any User Content and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Alpine by reason of your transmitting User Content to any area of or in connection with the Services. You agree that all User Content is the sole responsibility of the person from which such User Content is originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. You may not submit, post, email, display, transmit or otherwise make available any User Content that is or may be construed as in violation of this Agreement, as determined in Alpine’s sole discretion.
Without limiting the foregoing, you may not submit, post, and/or otherwise make available through the Services any User Content that: you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity; contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; and/or that is or may be construed as in violation of this Agreement, as determined in Alpine’s sole discretion.
The Services may provide you with the ability to post messages to User forums or User review pages and send messages and communications to other Users and/or Alpine. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Alpine provided the communication method, and you further agree that all such communications by you shall constitute User Content and shall be subject to and governed by this Agreement. By using any of the communications methods available on the Services or by viewing any User Content, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) User Content and communications sent to or received from other Users, third party service providers, or other third parties, are not endorsed, sponsored or approved by Alpine in any manner (unless expressly stated otherwise by Alpine) and (c) User Content and communications are not screened, monitored or pre-approved by Alpine in any manner, though Alpine reserves the right to do so at any time at its sole discretion in accordance with this Agreement.
If you are a Participant or a User with a User Account, you hereby provide your consent to receive, communications and notices (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services, by the communication method(s) provided to us by you during registration or in your User Account. Notices may include, without limitation, email and in-Site messaging and chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you (“Commercial Notices”).
Consistent with federal CAN-SPAM laws, if you do not wish to receive Commercial Notices, you may unsubscribe following the instructions on any email. Please note that you cannot unsubscribe from receiving certain administrative and transactional Notices, such as, but not limited to, information about your User Account, confirmation of your registration for Programs, payment information and receipts, career advice, information about your progress or other services that may be necessary to provide you with Programs.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing (“Required Notices”). You may withdraw such consent to receive Required Notices electronically by sending an email to hello@Alpine.com. For Alpine to send your Required Notices in the mail, which may be at your expense, you must have a current mailing address on file in your User Account.
Monitoring Of The Services
Alpine assumes no responsibility or liability for monitoring, or failing to monitor, the Services for inappropriate content or conduct; however, if at any time Alpine chooses in its sole discretion to monitor the Services, Alpine nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any User Content, and no responsibility for the conduct of any User. However, we reserve the right to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is or may be construed as violating this Agreement, or is deemed to be unacceptable to Alpine, as determined in Alpine’s sole discretion; provided, however, that Alpine shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner.
Further, you acknowledge, consent and agree that Alpine may access, preserve and disclose your User Account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Alpine, other Users and/or any third parties including acting in urgent circumstances.
Reporting Unauthorized Content
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Name and Address of Designated Agent: Alpine Copyright Agent
Email Address of Designated Agent: email@example.com
If you believe that your content (which was removed or to which access was disabled) is non-infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Alpine for use on the Services, you may send a counter-notice containing the following information to our Designated Agent:
- Your physical or electronic signature.
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
- A statement that you have a good faith belief that the content was removed or disabled because of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Designated Agent, Alpine may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Alpine’s sole discretion.
Please note that you may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims on the infringement of any content found on and/or through the Service on your copyright.
You agree to indemnify, defend and hold Alpine, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach and/or violation this Agreement and/or (c) your User Content. Alpine reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
You are solely responsible for your interactions with the Site and associated Services. To the extent permitted under applicable laws, you hereby release Alpine from any and all claims or liability related to any product or service provided by third parties, any action or inaction by third-parties, including third-party’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
Disclaimer of Warranties; Limitation of Liability
THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT ALPINE ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
YOU FURTHER UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALPINE, ITS AFFILIATES, AND EACH OF THEIR SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION ON TIME TO FILE CLAIMS
ANY PROVISION WHICH MUST SURVIVE IN ORDER TO ALLOW US TO ENFORCE ITS MEANING SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; HOWEVER, NO ACTION ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE).
Geographic Restrictions; Export Control
The Services are controlled and operated by Alpine from the United States. Alpine makes no representation that the Services are appropriate or available for use outside the United States or Canada. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
User Support And Comments
Except for DMCA notifications, all feedback, comments, requests for technical support and other communications relating to the Services may be directed to: firstname.lastname@example.org
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable.
The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.
The failure of Alpine to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Alpine without restriction, notice or other obligation to you.
All matters relating to the services and this agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, this agreement and/or the services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
This Agreement contains the entire understanding and agreement between you and Alpine concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof.
This Agreement was last modified on the date indicated below and is effective immediately.
This Terms of Services was last Updated on March 22, 2022.