The Websites are offered and available to users who are 18 years of age or older. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Websites.
License and Ownership Restrictions
All text, graphics, audio clips, videos, logos, icons, links, images, documents, products, services and information on the Websites (the “Content”) are provided to you by Altourage, its affiliates or licensors.
Altourage or its licensors retain all right, title, interest, and intellectual property rights (e.g. patents, trademarks, trade secrets, copyrights) in such Content. As a general rule, you are granted the limited right to (i) display the Content on your personal computer (ii) copy and download the Content and (iii) print a copy of the Content, provided that: (1) you do not remove any proprietary rights notices from any of the Content; and (2) any copying or downloading is solely for your own use.
You may not modify, edit, alter or enhance any of the Content in any manner or sublicense or distribute any Content to any third party unless specifically authorized by Altourage and/or the applicable licensor. Additionally, you may not “frame” or “mirror” any Content contained on or accessible from the Websites on any server or other device without the advance written authorization of Altourage, its affiliates or its licensors. Additionally, you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Websites.
You may be prompted to input information on the Websites in order to receive certain products or services offered by Altourage, its affiliates or its licensors. If you provide any information to Altourage though any means, you must provide current, complete and accurate information about yourself and any third parties about whom you provide information.
Changes to the Content and Termination of Access
Altourage, its affiliates and its licensors may make improvements and/or changes to the Content described on the Websites at any time without notice to you. Additionally, Altourage and its licensors reserve the right to restrict, suspend, terminate your access to, change or discontinue all or any part of the Websites, including their availability, at any time for any reason (including, but not limited to, if we determine that information provided by you is inaccurate), without liability or prior notice to you.
Altourage’s Privacy Notice
Altourage protects the information supplied by you on the Websites in accordance with the Altourage Privacy Notice. Altourage’s Privacy Notice is available at http://www.altourage.com. Altourage’s Privacy Notice only applies to the Altourage Websites and to information that Altourage and its affiliates obtain from your or about you.
Interaction with Third Parties
The Websites may contain links, and allow you to correspond with, purchase from, and/or participate in promotions of third party advertisers and/or licensors. Links to such other sites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Unless otherwise stated by Altourage in writing, any such interaction is solely between you and that third party.
Altourage may offer password protected areas on the Websites for certain services. Such areas will only be accessible if Altourage has issued to you a login and password. If you have been issued a login and password, you are responsible for maintaining the confidentiality of your login and password and for any and all activities, including fees incurred, under your login and password, whether or not you are the individual who undertook such activities.
Accessing the Websites
We reserve the right to withdraw or modify the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users.
By using the Websites, you agree to indemnify and hold harmless Altourage, its affiliates and their respective shareholders, members, officers, directors, managers, employees, contractors, agents, licensors and licensees (each, an “Indemnified Party” and collectively, the “Indemnified Parties”) from and against any and all costs, damages, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by any Indemnified party in relation to any party’s claim that use of the Websites by you or your agents, or under your login and/or password, if any, violates any law, rule, regulation, right or duty of any kind, including (a) any copyright, patent, trademark, trade secret or other intellectual property right, (b) the laws of privacy or publicity, (c) communications statutes or regulations, or (d) any other applicable law or regulation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES AND CONTENT ARE PROVIDED TO YOU “AS-IS.” ALTOURAGE, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, LICENSORS AND LICENSEES DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERROR FREE OR THAT THE CONTENT WILL BE ACCURATE AND COMPLETE. ALTOURAGE, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, LICENSORS AND LICENSEES MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SITE AND CONTENT. YOU ASSUME ALL RISK WITH RESPECT TO THE WEBSITES AND THEIR CONTENT.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTOURAGE, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, LICENSORS AND LICENSEES (EACH, A “RELEASED PARTY” AND COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, USING OR DOWNLOADING ANY CONTENT. IN NO EVENT SHALL ANY OF THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (E.G., FOR LOSS OF DATA, REVENUE, PROFITS OR USE OR FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ANY OF THE RELEASED PARTIES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
LIMITATION ON TIME TO ASSERT CLAIMS
ANY CAUSE OF ACTION OR CLAIM THAT YOU OR YOUR AGENTS MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITES OR OUR SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Monitoring and Enforcement
If Altourage or its affiliates become aware of inappropriate use of the Websites or any Content, Altourage may suspend or terminate your or your agents’ access to the Websites, and/or any Content, and take other appropriate action including, but not limited to, contacting law enforcement authorities.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY RELEASED PARTY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Local Laws; Export Control
Altourage controls and operates these Websites from its headquarters in the United States of America and makes no representation that the Content is appropriate or will be available for use in other countries. If you use the Websites from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations, privacy laws and advertising laws of other countries in relation to the Content or the Websites.
Altourage is a trademark, registered trademark and/or service mark of Personal Technology Solutions LLC in the United States. All rights reserved. All other trademarks and service marks appearing on the Website are the property of their respective owners.
Governing Law and Venue
These Terms, and each party’s rights and obligations hereunder, are subject to the laws of New York, U.S.A., regardless of your location.
You and your agents hereby irrevocably consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. for all disputes arising out of, in connection with, or relating to these Terms, the Websites or our Services.
WAIVER OF JURY TRIAL
YOU AND YOUR AGENTS IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU OR YOUR AGENTS MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR OUR SERVICES.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
No Waivers By Altourage
The failure of Altourage to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Altourage in writing.
These Terms comprise the entire agreement between you and Altourage regarding the subject matter contained herein, and these Terms supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. The headings used throughout these Terms are provided only for convenience.
Revisions to These Terms
We reserve the right, at any time, to modify or update these Terms. Any such modifications or updates will be effective upon posting. You are responsible for checking the Websites for any updates to these Terms. If we modify these Terms, your continued use of the Websites will signify your acceptance of the modified Terms.
If you have any questions or concerns regarding these Terms, please email us at [email protected], write us at Altourage, 158 W 29th Street, 4th Floor, New York, NY 10001, or call us at 212-206-9620.
Last updated on June 27, 2022.