Terms of Use
Updated July 26, 2023
Acceptance of Terms
These Terms of Use ("Terms") apply when you use the websites of Alogram Inc. and our affiliates (collectively, “Site”). Understanding these Terms is important because by using the Site you are agreeing to these Terms. If you do not agree, do not use the Site.
When we reference “Alogram,” “we,” “us,” and “our,” we mean Alogram Inc. and its affiliates.
We may change, modify, add or remove portions of these Terms at any time by posting a revised version on the website and including a revision date. Your continued use of the Site following the posting of a revised version means that you agree to the revised Terms.
You must be at least 18 years old to use the Site. If you use the Site on behalf of another person or entity, you must have the authority to accept the Terms on their behalf.
Content
The page designs, page interactions and digital assets including text, graphics, images, videos, documents, logos, trademarks, artwork, source code on the Site (collectively, “Content”) are owned, controlled, licensed by or granted use to Alogram and is protected by law. No part of the Site shall be copied, reproduced, distributed, published, or otherwise used without our express previous written consent unless otherwise stated in these Terms.
You may use information or documentation regarding our products or services for non-commercial purposes as long as you do not alter them or distribute them. We make no warranties on the information or documentation that you may use in this way.
Use of the Site
We grant you a personal, non-exclusive, non-transferrable, revocable right to enter and use the Site in accordance with these terms for so long as you comply with these Terms and all applicable laws. We own all rights, title, and interest in and to the Site and its Content.
Restrictions on Use
You may not (a) use the Site in any way that is unlawful or prohibited by these Terms or that infringes on the rights of us or others; (b) use any automated or programmatic methods to input or extract data from the Site; (c) interfere, harm or disrupt the Site in any way; (d) explicitly probe or test for vulnerabilities in the Site.
Security
During the use of the Site if you discover any vulnerabilities or breaches related to your use of the Site, you must promptly contact us and provide details of the vulnerability or breach. Our email address is provided in the Contact section of these Terms.
Third Party Services
We are not responsible for any third party websites, software, services or other products you use in connection with the Site; third party software is subject to its own terms.
Relationship to the Parties
Our relationship is an independent contractor relationship and neither party will have the power to bind or incur obligations on the other’s behalf without the other party’s written consent. These Terms do not create a partnership, a joint venture or an agency relationship between you and Alogram.
Confidentiality
Confidential Information includes information or communications designated as confidential by Alogram, and/or business information that is not public. During your use of the Site you may be given access to Confidential Information. You may use Confidential information only as may be necessary to use the Site, or as directed at the time you were given access. You may not copy, share, sell, reproduce, distribute, or make public any Confidential Information to any third party.
You may disclose Confidential information when required by law, upon a valid court order, or upon mandate from a valid government authority if you provide reasonable prior written notice to us. In such a case, you agree to reasonably limit the scope of information disclosed to only what is needed in the context of the request from the government authority and to assist us in challenging the disclosure if and when possible.
Privacy
Our Privacy Policy applies to use of this Site and can be viewed here.
Term and Termination; Violation of Terms; Remedies
Termination
These terms take effect when you first use the Site and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Site and Content.
Violation
We may in our sole discretion and without prior notice, terminate or suspend your access to the Site if we believe you have violated these Terms or other policies governing the Site, if your use poses a security risk to us or any third party, if we suspect your use is fraudulent or in violation of the law, or could subject us or others to liability.
Effect of Termination
Upon termination, you will stop using the Site and you will promptly return and destroy any Confidential Information.
Remedies
You acknowledge that breach of these Terms will cause irreparable harm to us and you consent that we may obtain injunctive or equitable relief as we deem necessary to recover costs associated with seeking such injunction. These remedies are in addition to any other remedies we may have as provided by law.
Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend and hold Alogram, its personnel, its affiliates, subsidiaries, shareholders, predecessors and successors in interest harmless from any claims, demands, loss, liability, loss or expenses (including attorneys’ fees) arising from or in connection with your use of the Site, your breach of these Terms, or violation of applicable law.
Disclaimer of Warranties
TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE THE SITE “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES. WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ACCURATE OR FREE OF ERRORS, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST ALOGRAM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN ALOGRAM AND YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER ALOGRAM NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUE OR PROFITS, GOODWILL, USE, OMISSIONS, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law
Your use of the Site and its Terms shall be governed by the State of California located located in the USA, regardless of conflict of law rules. You agree to the personal and exclusive jurisdiction of the federal or state courts located in San Diego County, California, USA.
Dispute Resolution
We are committed to working with you to address concerns that may arise in connection with your use of the Site. In the event that a dispute does arise, you agree to attempt in good faith to resolve it together. If we are not able to resolve the dispute within a reasonable time, then either party may submit to mediation. If the dispute cannot be resolved through mediation then either party shall be free to pursue any right or remedy available to them under applicable law. Any claims under these Terms must be brought within twelve (12) months after the event giving rise to the cause of action otherwise such claim will be barred.
Other General Terms
Intellectual Property
You may not use brand names, trademarks, images or logos of Alogram, the Site, or any of its affiliates.
Waiver
If you do not comply with these Terms and we do not take immediate action, this does not mean we are giving up any of our rights.
Severability
If any provision in these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and will not affect the enforceability of any other provisions in the Terms.
Links to Third Party Sites
We may include links to third party sites as a convenience to you. These links are not under our control and we are not responsible for the contents and data transmission of any linked site or any link contained within a linked site.
Feedback
Any feedback you provide shall be deemed non-confidential and we may use it without restriction or compensation to you.
Assignment and Delegation
You may not assign, transfer or delegate any rights or obligations under these Terms and any attempt to do so shall be automatically void and null. We may assign these Terms in connection with one of our subsidiaries, merger, acquisition, or restructuring/reorganization of the company
Unsolicited Ideas
We appreciate your excitement and ideas regarding our products and services. However, we do not accept unsolicited ideas for website content, marketing strategies, technologies, products or services because we wish to avoid any potential ambiguity or similarity of such unsolicited submissions that may be similar to existing or future Alogram creations.
Contact
For general questions or comments about the Site or the Terms, you may email us as legal@alogramtech.com. Please note that we do not commit to providing a reply to any communications you send to us, nor are we responsible for the confidentiality of any information you send to us.
Notices
Any notices or communications required or permitted by these Terms will be in writing. Service will be deemed given seven (7) days following the date sent by courier. We accept written service of process at the following address:
Alogram Inc.
c/o CT Corporation System
330 North Brand Blvd. Suite 700
Glendale CA, 91203
Claims of Copyright Infringement
We respect the intellectual property rights of others. If you believe that your intellectual property rights have been infringed upon, please email us and include (a) description of the copyright material that you believe has been infringed upon, (b) your name, address, phone number and email address, (c) owner name or authorized agent of the copyright material.
Attn: Legal Department/Copyright
Email: legal@alogramtech.com
Entire Agreement
These Terms, together with all policies incorporated in these Terms contain the entire agreement between you and Alogram regarding use of the Site and supersedes any prior agreements, communications, or understandings previously existing between you and Alogram with regard to use of the Site.