Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “Alpha^® Property”), and the features at this Alpha^® Property, are subject to these Terms of Access (“Terms”). The Alpha^® Property is owned or controlled by Alpha Professional Tools^® and its parent company, subsidiaries, division, affiliates, and brands (collectively, “Alpha^®”). By accessing this Alpha^® Property in any way, including, without limitation, browsing this Alpha^® Property, using any information, and/or submitting information to Alpha^®, you agree to and are bound by the terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New Jersey law.

From time to time we may update this Alpha^® Property and these Terms. Your use of this Alpha^® Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Alpha^® may, in its sole discretion, and at any time, discontinue this Alpha^® Property or any part thereof, with or without notice, or may prevent your use of this Alpha^® Property with or without notice to you. You agree that you do not have any rights in this Alpha^® Property and that Alpha^® will have no liability to you if this Alpha^® Property is discontinued or your ability to access the Alpha^® Property or any content you may have posted on the Alpha^® Property is terminated.

By accessing or linking to this Alpha^® Property, you assume the risk that the information on this Alpha^® Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Alpha® Property at any time, without notice and without liability.

All information provided on this Alpha^® Property is subject to change without notice. While efforts have been made to make this Alpha^® Property helpful and accurate, due to the open nature of this Alpha^® Property, and the potential for errors in the storage and transmission of digital information, Alpha^® does not warrant the accuracy of information obtained from this Alpha^® Property.

Access and Use of Alpha^® Property

Access to this Alpha^® Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Alpha^® computer system or other information contained on the system for any purposes is strictly prohibited.

Alpha^® Content

Content on this Alpha^® Property that is provided by Alpha^® or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Alpha^® Content”) is the property of Alpha^® and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Alpha^® Content located on the Alpha^® Property for use in any publications, in public performances, on websites other than this Alpha^® Property for any unpermitted commercial purpose, in connection with products or services that are not those of Alpha^®, in any other manner that is likely to cause confusion, that disparages or discredits Alpha^® and/or its licensors, that dilutes the strength of Alpha^®’s or its licensors’ intellectual property, or that otherwise infringes Alpha^®’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Alpha^® Content or User Content that appears on this Alpha^® Property.

Use of the Alpha^® Property and Posting Policy

The following requirements apply to your use the Alpha^® Property: (a) you will not use any electronic communication feature of the Alpha^® Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Alpha^® Property for any commercial transactions that are unrelated to the purposes for which the Alpha^® Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses, spyware or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment, (g) you will not violate any local, state, federal or international law, rule or regulation; and (h) you will not circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Alpha^® Property or its services or any software on the Alpha^® Property.

From time to time on certain areas of the Alpha^® Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Alpha^®; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Alpha^®, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, spyware, corrupted files, or any other similar software or programs that may adversely affect the operation of the Alpha^® Property, or feature of the Alpha^® Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Alpha^® Property or features therein. Alpha^® may cancel your account and delete all User Content associated with your account at any time, and without notice, if Alpha^® deems that you have violated these Terms, the law, or for any other reason. Alpha^® assumes no liability for any information removed from our Alpha^® Property, and reserves the right to permanently restrict access to the Alpha^® Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Alpha^® Property, you hereby grant to Alpha^® a limited, non‑exclusive, sub‑licensable, worldwide, fully‑paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Alpha^® Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Alpha^® or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) Alpha^® receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Alpha^®’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Alpha^®’s use of any similar Ideas, whether based on your User Content, provided to Alpha^® by third parties, or independently developed or considered by Alpha^®, shall be without obligation to you.

Indemnification

You agree to indemnify and hold Alpha^®, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Alpha^® or this Alpha^® Property.

Representations and Limitations of Liability

Alpha^® makes no representations about the reliability of the features of this Alpha^® Property, the Content, User Content, or any other Alpha^® Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Alpha^® makes no representations regarding the amount of time that any Content or User Content will be preserved.

Alpha^® does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Alpha^® without the prior review and written approval of Alpha^®.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS SITE, THE ALPHA^® PROPERTY OR ANY INFORMATION OR SOFTWARE THEREIN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALPHA^® HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL ALPHA^® BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, OR ANY OF THE ALPHA^® PROPERTY, NOR SHALL ALPHA^® BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ALPHA^®’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ALPHA® OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, OR ANY OF THE ALPHA^® PROPERTY, EVEN IF ALPHA^® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Cross Reference Information

Product cross‑reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.

Hypertext Links

This Alpha^® Property may be linked to other sites which are not maintained by Alpha^®. Alpha^® is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Alpha^® of the linked sites. Alpha^® disclaims any liability for links: (i) from another site to the Alpha^® Property and (ii) to another site from the Alpha^® Property.

Digital Millennium Copyright Act (DMCA) Notices

Alpha^® respects the intellectual property rights of others, and requires that the people who use the Alpha^® Property do the same. If you believe that your work has been copied in a way by another user of the Alpha^® Property that constitutes copyright infringement, please forward the following information to the e-mail address listed below (see 17 U.S.C. Section 512(c)(3) for further detail):

1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Upon receipt of the written notification as outlined above, we will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer.  The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (i) a physical or electronic signature; (ii) identification of the material that has been removed the location at which the material appeared before it was removed; (iii) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (iv) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the united states, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person.  Upon receipt of a valid counter-notification, we will forward it to notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Alpha^® Property.

Miscellaneous

These Terms will be governed by and construed in accordance with the internal laws of New Jersey without regard to conflicts of laws principles. By using the Alpha^® Property, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Bergen County, New Jersey, and you hereby agree to submit to the personal and exclusive personal jurisdiction of the aforementioned courts. These Terms operate to the fullest extent permissible by law. Accessing materials on this Alpha^® Property by certain persons in certain countries may not be lawful, and Alpha^® makes no representation that materials on this Alpha^® Property are appropriate or available for use in locations outside the United States. If you choose to access this Alpha^® Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

On certain areas of our Alpha^® Property, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Alpha^® Property, and you hereby agree to the terms of that Policy.

If Alpha^® fails to act with respect to your breach or anyone else’s breach on any occasion, Alpha^® is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and Alpha^®, and is accepted by you upon your use of the Alpha^® Property. These Terms constitute the entire agreement between you and Alpha^® regarding the use of the Alpha^® Property. By using the Alpha^® Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

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