TERMS AND CONDITIONS OF USE

 

Welcome to the Alert Scientific, Inc. website, which includes, but is not limited to, the Alert Scientific, Inc. website (www.alertscientific.com) and any official social media sites or other online sites where these Terms and Conditions of Use are posted (collectively, the “Site”). The Site is owned and operated by Alert Scientific, Inc. (“Company”). These Terms and Conditions of Use (these “Terms”) are an agreement between Company and you, as the user, governing your use of the Site, together with any materials and services available or accessible on the Site (collectively, the “Services”). These Terms are effective immediately upon your access and use of the Services and will remain in full force and effect for the duration of your access and use of the Services, unless Company expressly provides otherwise.

 

Please carefully read and review these Terms because, by accessing or using the Services, or by clicking to accept or agree to these Terms if the option is presented to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

 

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY SERVICES OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO IMMEDIATELY STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH COMPANY REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON YOUR USE OF THIS SITE.

 

IMPORTANT: THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION AND ARBITRATION” REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST COMPANY, MEANING YOU CANNOT BRING CLAIMS AGAINST ALERT SCIENTIFIC, INC. OR ITS AFFILIATES IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. THE SECTION AFFECTS YOUR LEGAL RIGHTS.

Changes to Terms or Services

Company reserves the right to revise or otherwise update these Terms, at any time, in its sole discretion, including by adding and deleting terms, and including an indication of the date on which these Terms were revised. All revisions will be effective immediately upon posting on the Site. It is important that you check these Terms regularly because, if you continue to use the Services after Company has posted revised Terms, then you agree to be bound by the revised Terms. If you do not agree to be bound by the revised Terms, then your recourse is to stop using the Services.

 

Company reserves the right to modify, suspend or terminate, temporarily or permanently, the Services or any feature or component of the Services, in whole or in part, to you or any other user, for any reason, at any time, in Company’s sole discretion.

Using the Services

Eligibility. You may use the Services only if you are an individual at least 18 years old; are a business or organization, whose user has the authority to act on behalf of the business or organization; are capable of forming a binding contract with Company; have not been previously suspended or removed from the Services; and are not barred from using the Services under any applicable law.

 

By using the Services, you represent and warrant if you are an individual at least 18 years old; are a business or organization, whose user has the authority to act on behalf of the business or organization; are capable of forming a binding contract with Company; have not been previously suspended or removed from the Services; and are not barred from using the Services under any applicable law.

 

Registration and Information. If you want to use certain features of the Services, including purchasing products, you must provide your credentials, including, without limitation, your name, postal address, e-mail address, telephone number and certain other personal information, including your credit card information, as applicable, to Company. You agree to provide Company with accurate, complete and up-to-date information, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.

 

You are responsible for maintaining the confidentiality of your information and for any and all statements made and acts or omissions that occur through the use of your information, including any mail sent and any charges incurred. You agree to take steps to ensure that others do not gain access to your information, and you agree to notify Company immediately of any security breaches involving your information and any unauthorized use of your information. Company personnel will never ask you for any passwords to access your accounts with Company, either via telephone call or e-mail. You may not transfer or share your accounts with Company with anyone, and Company reserves the right to immediately suspend, deactivate or otherwise terminate your accounts with Company in the event of any unauthorized transfer or sharing thereof.

 

Subscription. Company uses or may use subscription-based mailing lists. You may receive e-mails and updates regarding the Services by providing Company with your e-mail address. When you set up an account with Company, you may be automatically subscribed to certain mailing lists.  You can unsubscribe from any or all mailing lists at any time, subject to reasonable processing times for Company to remove you from the applicable lists.

Alerts and Notifications

As part of the Services, you may receive notifications, alerts, e-mails, or other types of messages regarding the Services from Company or its third-party vendors (e.g., order confirmations, shipment confirmations, delivery information).

 

Company may also periodically send you e-mails and/or other correspondences that directly promote the Services (e.g., recommendations, special discounts or promotions). When you receive such promotional e-mails and/or other correspondences from Company, you may “opt-out” by following the unsubscribe instructions provided in the e-mail and/or other correspondence you receive or by directly e-mailing Company at Sales-Request@alertscientific.com.

Privacy Policy

Please refer to the Company Privacy Policy published at www.alertscientific.com for information on how Company collects, uses and discloses information from and about you and other users.

 

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, audio, video, branding (including trademarks, service marks and logos), software, metrics, and all other forms of data, communication and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you or any account holder make available through the Services or transmit to Company through the Services (e.g., by e-mail). Content includes, without limitation, User Content.

Content Ownership, Responsibility and Removal. Company and/or its licensors and/or third-party vendors exclusively own all right, title and interest in and to the Services and Content (other than User Content), including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Alert Scientific, Inc. and all related names, logos, product and service names, designs and slogans are trademarks of Company and/or its licensors and/or third-party vendors. You must not use such Content without the prior written permission of Company, which may be granted, denied, conditioned or revoked in its sole discretion. All other names, logos, product and service names, designs and/or slogans on the Site are the trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

 

Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant to Company an exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable (through multiple tiers) license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you, any user of the Service and other account holders, provided that, in no circumstance, shall Company be obligated to do so. You retain all other rights with respect to your User Content.

 

Responsibility for All Your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant Company the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use and provision of your User Content to be made available through the Services, and any use of your User Content by Company on or through the Services will not infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in a violation of any applicable law or regulation.

 

Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary. Company may or may not remove or delete any of your User Content at any time. Without limiting the foregoing, Company has the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

 

YOU WAIVE AND RELEASE COMPANY, its affiliates, contractors, third-party technology platform providers, and each of their successors and assigns, and any of their respective parents, subsidiaries or other affiliates and the directors, OFFICERS, SHAREHOLDERS, members, managers, employees, and agents of all of the foregoing, FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY’S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.

 

Rights in Content Granted by Company. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes which are directly related to your use of the Services.

Notice and Takedown Procedures

If you believe any User Content accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from the Services, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), by contacting Alert Scientific, Inc. (through the contact information below) and providing the following information:

 

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the User Content that you believe to be infringing and its location. Please describe the User Content, and provide its URL or any other pertinent information that will allow Company to locate the User Content.
3. Your name, address, telephone number, and e-mail address.
4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
7. Company’s e-mail address for copyright issues relating to the Site is Sales-Request@alertscientific.com

General Prohibitions

The Services may be used only for lawful purposes and in accordance with these Terms. You agree you will not use the Services to engage in or encourage conduct that would in, Company’s sole discretion and judgment, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). You agree you will not use the Services to communicate, transmit, redistribute or upload content or material (including User Content): that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; that is incomplete, false, inaccurate or not your own; that contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; that includes any addresses, e-mail addresses, phone numbers or any contact information which is not your own; or that contains corrupted files, viruses, malware or any harmful software; that is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; that is violent or promotes violence or actions that are threatening to any person or entity; that impersonates any person, business or entity, including Company (and its brands, lines of business, and affiliates) and Company’s employees and agents; or that engages in or encourages any conduct that restricts, impairs or inhibits any other user from using or enjoying the Services.

System Security

Violations of system or network security which occur in connection with your use of the Services may result in you incurring civil or criminal liability. Company may investigate such occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services, and you agree not to do anything which may result in a violation of the security of the Services, including, without limitation, taking any of the following actions:

 

• Copy, display, distribute, download, license, modify, publish, repost, reproduce, reuse, sell, transmit, or use the Service and/or information provided therein (including, without limitation, the Company name, trademark, logo or other proprietary information or the layout and design of the Service), without Company’s prior written consent;
• Decompile, disassemble, and/or reverse engineer any portion of the Service, including, without limitation, any included thirty-party content or services;
• Access or use non-public areas of the Services, Company computer systems, or the technical delivery systems of Company providers;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any Company providers or any other third party (including another user) to protect the Services or Content;
• Attempt to (or succeed in an attempt to) access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by Company or other generally available third-party web browsers;
• Access data not intended for you or log on to a Company server or account you are not authorized to access;
• Harvest or collect information about users of the Services;
• Attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site or Company networks or network security, or use any Site service to gain unauthorized access to any other computer system;
• Distribute viruses or other harmful computer code through the Service or through any third-party content or service;
• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Use the Service to send or facilitate the sending of mass unsolicited data packets, SMS texts, e-mails, or other traffic, such as “spam” communication efforts;
• Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
• Use any VPN or other device for the purpose of disguising the location from which you are accessing the Services; or
• Use the Service in any way that harms or may harm Company, its affiliates, contractors, third-party technology platform providers, and each of their successors and assigns, and any of their respective parents, subsidiaries or other affiliates and the directors, officers, shareholders, members, managers, employees, and agents of all of the foregoing, or any other user of the Service.

Third Party Materials

The Services may contain links to third party websites, resources or Content made available by third parties, including other account holders (the “Third Party Materials”). Company may enter into arrangements with third parties for which it receives financial consideration for including Third Party Materials. Notwithstanding the foregoing, Company provides Third Party Materials only as a convenience and it does not control or endorse, and is not responsible for, the Content, products or services on or available from such Third Party Materials. The availability through the Services of any Third Party Materials does not imply Company’s endorsement of any products or services on or available through such Third Party Materials, or Company’s affiliation with the provider of such products or services, or any representations or warranties with respect to such products or services. If you use links to third party websites or resources, you will leave the Services and your activities may be governed by other terms and conditions and privacy policies and practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Third Party Materials.

 

Nothing in these Terms will be deemed to be a representation or warranty by Company with respect to Third Party Materials, and Company has no obligation to monitor Third Party Materials. Company may block or disable access to any Third Party Materials through the Services at any time.

 

Accessing the Services and Account Security

Company reserves the right, at any time, in its sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. Company may also impose rules for and limits on use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that, to the fullest extent allowed by applicable law, Company will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.

Termination

Company may terminate your access to and use of the Services, at any time, in its sole discretion and without notice to you. You may cancel your account with Company at any time by sending an e-mail to Company at Sales-Request@alertscientific.com or calling Company at 800-872-2028. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Prices,” “Payment,” “Cancellation, Return and Exchange Policies,” “Errors, Inaccuracies and Omissions,” “Cancellation of Orders,” “Privacy Policy,” “Content and Content Rights,” “Content Ownership, Responsibility and Removal,” “General Prohibitions,” “System Security,” “Third Party Materials,” “Termination,” “Warranty Disclaimers,” “Indemnification,” “Limitation of Liability,” “Governing Law,” “Dispute Resolution and Arbitration” and “General Information.”

Warranty Disclaimers

Your use of the Services and Content IS at your sole risk. THE SERVICES and CONTENT ARE PROVIDED “AS IS” and “as available” without warranty of any kind from Company except as expressly provided in writing by Company. Without limiting the foregoing, COMPANY EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Except as may BE EXPRESSLY provided in writing by Company, company makes no warranty that the Services will meet your requirements or that the Services will be available on an uninterrupted, secure, or error-free basis. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY  SHALL NOT  BE LIABLE OR RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  Company makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company, its affiliates, contractors, third-party technology platform providers, and each of their successors and assigns, and any of their respective parents, subsidiaries or other affiliates and the directors, officers, shareholders, members, managers, employees, and agents of all of the foregoing from and against all claims, liabilities, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) directly or indirectly arising out of, related to, or in connection with your use of, or activities in connection with, the Services and your violation or alleged violation of these Terms.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, its affiliates, contractors, third-party technology platform providers, and each of their successors and assigns, and any of their respective parents, subsidiaries or other affiliates and the directors, officers, shareholders, members, managers, employees, and agents of all of the foregoing, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (WHERE THE LEVEL OF CULPABILITY REQUIRES A NEGLIGENCE OR GROSS NEGLIGENCE STANDARD), WHETHER OR NOT COMPANY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, SITE OR CONTENT SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF ANY.

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

International Use

Company controls and operates the Services from the United States, and all information is processed within the United States.  Company does not represent that the Services or Content are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.

 

The Site and Services are exclusively intended for access and use by residents of the United States. Residents of any country, other than the United States, are prohibited from accessing the Site and are prohibited from using the Site and the Services for any purpose, including, but not limited to, placing orders for delivery outside of the United States.

 

Any content that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. Nothing from the Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Governing Law

These Terms and any actions related thereto will be governed by the laws of the State of Connecticut without regard to its choice of laws or conflict of laws provisions.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

Informal Dispute Resolution. In the event of a dispute, claim or controversy arising out of or relating to these Terms or any aspect of the relationship between you and Company, whether based in statute, contract, tort, fraud, misrepresentation, or any other legal theory (collectively, a “Dispute”), you and Company agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving the Notice of Dispute, the facts giving rise to the Dispute and the relief requested (the “Notice of Dispute”). You must send the Notice of Dispute to Company via mail at Alert Scientific, Inc., 469 School Street, East Hartford, Connecticut 06108 and via e-mail at Sales-Request@alertscientific.com. Company will contact you via e-mail at the address specified in the Notice of Dispute or the address Company has on file for your account. You and Company agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of the Notice of Dispute. If a Dispute is not resolved within thirty (30) days of such submission of the Notice of Dispute, you or Company may resort to the other alternatives described in this section.

 

Arbitration. In the event that any Dispute is unresolved through informal discussions within thirty (30) days as described in the Informal Dispute Resolution section, and except for disputes that qualify for small claims court, you and Company agree to resolve such Dispute through final and binding arbitration BEFORE A SINGLE  NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Except as modified by this Dispute Resolution and Arbitration provision, the arbitration will be administered by the American Arbitration Association (AAA) under its rules, including AAA Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA Rules are available at https://www.adr.org/Rules.

 

If your claim does not exceed $10,000, then the arbitration will be conducted solely on basis of documents that you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines, upon request by you or by Company, that an in-person hearing is appropriate. Any in-person appearances will be held at a location in Hartford, Connecticut, unless you and Company mutually agree to a different location. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against Company for you.

 

Exceptions to Agreement to Arbitrate – Injunctive Relief. Notwithstanding the foregoing, either you or Company may bring a lawsuit in the state or federal courts in Connecticut, solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or actual or threatened intellectual property infringement (e.g., trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

 

Judicial Forum for Disputes if Class Waiver Invalidated. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in the appropriate federal or state court in Connecticut. Claims brought in state court may be removed to federal court if removal jurisdiction exists. Both you and Company consent to venue and personal jurisdiction there. BOTH YOU AND COMPANY AGREE TO WAIVE THE RIGHT TO A JURY TRIAL.

 

Any claim or cause of action you may have with respect to Company, these Terms, the Content, or the Services must be commenced within one (1) year after the claim or cause of action arose.

Filtering

Company hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that Company does not endorse any specific products or services related to parental control protections.

 

Information or Complaints

If you have any questions about these Terms or the Services, please contact Company by e-mailing Company at Sales-Request@alertscientific.com or calling Company at 800-872-2028. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence to or with Company. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

General Information

These Terms and the Company Privacy Policy constitute the entire agreement between you and Company, govern your use of the Services, and supersede any prior agreements between you and Company. You may also be subject to additional terms and conditions that are applicable to certain parts of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms or your use of the Services.

 

The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.

 

CONTACT US

 

If you have questions or comments about these Terms, you may contact Company at:

 

Alert Scientific, Inc.

469 School Street

East Hartford, Connecticut 06108

Attention:        Director of Operations

Telephone:      800-872-2028

E-mail:            Sales-Request@alertscientific.com

 

Last revised: 13 August 2025