I. Introduction

 

Please read these terms and conditions carefully before using this website.

This website (this “Site”) provides information about Alkterra Capital (“Alkterra” or “we”). As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses the Site. The following terms and conditions (these “Terms and Conditions”) govern your use of the Site and are a binding legal agreement, and by using the Site, you agree to be bound by these Terms and Conditions.

These Terms and Conditions may change at any time, and we will notify you of material changes by posting them on this Site. We encourage you to check back and review these Terms and Conditions from time to time. Your continued use of this Site following our posting of changes will mean that you accept the revised Terms and Conditions.

If you do not agree with these Terms and Conditions, you should immediately stop using this Site.

 

II. Use of Site and Site Material

 

1. Prohibited Uses

You are prohibited from using this Site in a way that:

• is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Alkterra deems in its sole discretion to be inappropriate for this Site;
• violates or infringes the rights of anyone else, including, for example, another person’s copyright or right to privacy;
• contains any personally identifiable information other than your own, or other information which might be used to identify or locate a user;
• impersonates any person, business or entity, or otherwise misrepresents your identity;
• involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
• tries to gain unauthorized access to this Site, its computers and networks, or its user data, or that otherwise modifies or interferes with the use or operation of this Site;
• imposes an unreasonable or disproportionately large load on Alkterra’s or Alkterra’s business partners’ infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques;
• contains computer viruses or other disruptive, damaging or harmful files or programs; or
• otherwise violates these Terms and Conditions.

Alkterra will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate these Terms and Conditions and may disclose your information to such law enforcement officials and/or agencies.

2. Links and Third Parties

This Site may contain links to third party websites. These links are provided solely as a convenience to you. If you use these links, you will leave this Site. Alkterra does not control and is not responsible for any of these third party websites or their content. Therefore, Alkterra does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.

3. User Accounts and Restricted Content

In order to access the registered user-only portion of the Site (the “Restricted Site”), you will need to create an account. Any information you provide in setting up that account is subject to the Alkterra Privacy Policy. You agree that any information provided to us in the registration form will be complete and accurate.

You are responsible for keeping your account login and password secret and confidential. If you fail to do so, you are responsible for any charges, costs, expenses, damages, liabilities and losses that Alkterra may incur as a result. You should immediately notify Alkterra if you suspect that someone else is using your account login or password without your permission.

Any materials and content contained in the Restricted Site (the “Restricted Content”) are for your personal use only, and you may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Restricted Content to any third party (including sharing the Restricted Content with a non-registered user or displaying or distributing the Restricted Content using a third party web site) without Alkterra’s prior written consent. At Alkterra’s request, you shall return or delete any Restricted Content in your possession.

 

III. Idea Submission/Use of Information

 

If you legally submit a comment, suggestion or any other material (“Feedback”) to Alkterra, you hereby assign all ownership in and to such Feedback to Alkterra, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant to Alkterra a non-exclusive right to use, display, reproduce, modify and distribute the Feedback in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, Alkterra will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner that Alkterra may determine. By submitting Feedback, you represent and warrant to Alkterra that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

 

IV. Ownership of Intellectual Property and Materials

 

Alkterra and its affiliates and business partners (and each of their respective successors and assigns) own the copyrights to all materials and the trademarks, service marks, and trade dress (collectively referred to as “Intellectual Property“) displayed on and from this Site. Nothing on this Site grants you a license to use the Intellectual Property. Notwithstanding any other terms or conditions in these Terms and Conditions, Alkterra and its affiliates and business partners own all Intellectual Property on this Site and all materials and content on this Site (including any Restricted Content) (“Materials”). All Materials on this Site are for your personal use only, and you may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Materials to any third party (including displaying or distributing the Material using a third party web site) without Alkterra’s prior written consent. Alkterra retains all rights that are not otherwise expressly granted in these Terms and Conditions.

 

V. Non-United States Residents

 

If you do not reside in the United States and are visiting the Site, by providing any information to us, including your Personal Information (as defined in the Alkterra Privacy Policy), you understand and hereby consent to such information being transferred to and processed on computers in the United States and other countries. Do not provide your Personal Information to us if you do not want this information to be transferred or processed outside of your country, or if the laws in your country restrict these types of transfers. Instead, please contact us to make your inquiry. Your provision of Personal Information to us will be handled in accordance with the Alkterra Privacy Policy. Your provision of Personal Information to us through the Site means that you agree to the terms of the Alkterra Privacy Policy.

 

VI. Disclaimers and Limitation of Liability

 

Your use of this Site and any Materials from this Site are at your own risk.

THIS SITE, INCLUDING ALL INFORMATION, CONTENT OR OTHER MATERIALS INCLUDED ON THIS SITE, IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ALKTERRA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS PROVIDED ON THIS SITE OR THAT THIS SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. ALKTERRA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE OR FOR ANY DAMAGE TO YOU, YOUR COMPUTER, OR YOUR OTHER PROPERTY, DUE TO YOUR ACCESS TO, USE OF, OR DOWNLOADING OF THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE.

NEITHER ALKTERRA, ITS AFFILIATES, AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THIS SITE, EVEN IF ALKTERRA, ITS AFFILIATES, AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.

 

VII. Translation

 

We may translate these Terms and Conditions into other languages for your convenience. However, the English version governs your relationship with Alkterra, and the English version will govern if there are any inconsistencies among the different versions.

 

VIII. Applicable Law

 

Any dispute arising out of or in any way relating to your use of this Site or Material from this Site shall be resolved according to the laws of the State of California, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts of the State of California shall have exclusive jurisdiction over all claims. BY USING THIS SITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU (I) IRREVOCABLY SUBMIT TO THE JURISDICTION OF SUCH COURTS IN RESPECT OF ANY ACTION, CAUSE OF ACTION, CLAIM, DEMAND OR PROCEEDING RELATING TO ANY SUCH DISPUTE, (II) WAIVE ANY OBJECTION TO THE LAYING OF VENUE IN ANY SUCH COURT OF ANY SUCH ACTION, CAUSE OF ACTION, CLAIM, DEMAND OR PROCEEDING AND ANY CLAIM THAT SUCH THAT ANY SUCH ACTION, CAUSE OF ACTION, CLAIM, DEMAND OR PROCEEDING HAS BEEN BROUGHT IN ANY INCONVENIENT FORUM AND (III) WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY SUCH ACTION, CAUSE OF ACTION, CLAIM, DEMAND OR PROCEEDING.

 

IX. Termination

 

Alkterra may terminate your access to this Site at any time and for any or no reason. You shall have no recourse and Alkterra shall have no liability as a result of any such termination. All provisions of these Terms and Conditions relating to warranties, proprietary rights, non-disclosure, limitation of liability and indemnities shall remain effective despite such termination.

 

X. Contact Us

 

Any questions regarding these Terms and Conditions should be directed to [email protected].