ALPHA medical

Terms & Conditions

PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY. THIS IS A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU (“YOU” OR “USER”), CLARITY MEDICAL, INC. (“ALPHA”, “WE” OR “US”) AND APPLIES TO ALL INTERNET USERS VISITING, ACCESSING OR BROWSING THE HEARTBEAT WEBSITE (THE “WEBSITE”). We’re passionate about all the details of providing you with a great experience. In keeping with that goal, we’ve inserted “Simply Stated” explanations throughout our Agreement. These explanations are written in a way that makes our Agreement easy to understand. That being said, please remember you’re agreeing to all the fine print when you use Alpha, so we encourage you to read our Agreement carefully. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PROVIDER, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE, OR SERVICES.THE INFORMATION PROVIDED ON THE WEBSITE IS NOT INTENDED NOR RECOMMENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. PATIENT USERS SHOULD ALWAYS SEEK THE ADVICE OF THEIR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING ANY MEDICAL CONDITION OR TREATMENT. NOTHING CONTAINED ON THE WEBSITE IS INTENDED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT.

THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 16 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.

One more thing... our Service is not intended for emergency situations, so if you have a medical emergency, call 911 immediately!

Thank you for using Alpha. If you have any questions or concerns, please email us at Contact@helloalpha.com.

Our Website provides Users with an interactive web application that allows for online access to personalized consultations provided directly to Users by board certified clinicians, and companies owned and controlled by clinicians, including but not limited to Clarity Health, Inc. (each, a “Provider”).. The services offered by Website include the Website and any other services offered from time to time by Alpha in connection with the Website (collectively, the “Services”).

The Website is intended for access and use only by U.S. customers. Please read this Agreement carefully before using the Website.

Simply Stated: You must be a U.S. customer to use Alpha. Before using Alpha, please read the Agreement.

General Terms and Conditions

By accessing or using our Website, you agree to be bound by this Agreement and to use our Website in accordance with the terms and conditions of this Agreement. If you do not agree to the terms and conditions of use for our Website as set forth in this Agreement, you may not use the Website.

If we need to change the terms of this Agreement, we will post the revised Agreement through our Website and update the “Last Revised” date to reflect the date of the changes. You are responsible for being aware of any changes made to this Agreement. By continuing to use our Website after we post such changes, you agree to the terms of this Agreement, as modified.

Simply Stated: By using Alpha, you’re agreeing to the Agreement. If any changes are made, the Agreement will be updated. By continuing to use Alpha, you’re agreeing to the changes.

What Service does Alpha Provide?

Our Service is designed to enable you to obtain telemedicine Consultations and treatment for common medical conditions by facilitating the connection between you and a licensed Provider. Once you are assigned one or more Providers through our Website, each of those Providers may be referred to as “your Provider.” Your Provider is solely responsible for providing you with medical care. WE ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH PROFESSIONAL HEALTHCARE PROVIDERS WHO MAY BE AVAILABLE TO PROVIDE YOU WITH CERTAIN NON-EMERGENCY MEDICAL CARE. WE DO NOT CONTROL OR INTERFERE WITH THE PRACTICE OF MEDICINE BY PROVIDERS, EACH OF WHOM IS RESPONSIBLE FOR THE MEDICAL SERVICES HE OR SHE PROVIDES.

The Website is a venue designed to connect Provider with Users looking for medical Consultations for specific non-emergency conditions. Alpha does not participate in the interaction between Providers and Users except to collect Users fees that include administrative fees for Alpha’s Services and professional fees for Providers’ services associated with Consultations, but Alpha does not share in the professional fees collected for any Provider’s services and derives its sole payment from you in the form of administrative fees. You understand and agree that Alpha has no control over and is not responsible for the acts or omissions of any Users or Providers. Alpha does not provide any diagnosis or treatment itself. Any support services provided by Alpha do not include the provision of care but are to enable Users to connect with Providers. Nothing provided by Alpha shall be construed as the practice of medicine or providing medical services. You also understand and agree that Alpha makes no representation or warranty regarding the quality of any services provided by any Providers. Alpha provides you with various interactive online Services to help you in managing your health better. By using the Website or Services, you give us permission to provide you with these interactive Services, communicate with you electronically and virtually deliver to you, personal health data, medical records and other information through use of messages, emails, and other technology. These interactive Services may include, but are not limited to appointment scheduling, refilling prescriptions, health related diagnosis, follow up on medical check-ups, health tracking, patient education, and other healthcare related services, as applicable and appropriate. The Website and Services may also allow Users to view certain information displayed from their medical records, including lab results. Alpha expressly reserves the right, in its sole discretion, to terminate your access to any and all interactive services provided through the Website due to any action by you that would constitute a violation of this Agreement.

All information, materials, content and/or advice on the Website or provided through the Website is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Alpha expressly disclaims, and you expressly release Alpha from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.

Third Party Materials. The Website and Services may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a Third-Party Website, we may not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Alpha. Alpha is not responsible for any Third-Party Websites. Alpha provides these Third Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk. When you leave our Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You should note that our links to Third-Party Websites may change, and we cannot guarantee that our Services will always include a connection to such Third Party Websites.

BY USING THE WEBSITE OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ALPHA IS NOT A PROVIDER. ALPHA EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE ALPHA FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF PROVIDERS AND/OR USERS ON OR OFF THE WEBSITE OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY PROVIDER.

Simply Stated: Alpha provides the technology to connect you with licensed healthcare Providers for non-emergency Consultations, but only your Provider can make decisions about your medical care and treatment.

MEDICAL EMERGENCIES

THE MEDICAL CARE YOU RECEIVE FROM YOUR PROVIDER THROUGH ALPHA IS NOT A SUBSTITUTE FOR OTHER MEDICAL TREATMENT YOU MAY NEED. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK EMERGENCY MEDICAL HELP.

Simply Stated: Once again, if you have a medical emergency, call 911 immediately!

Registration

To use our Website to request a Consultation, you are required to set up an account (“Account”). provide us with true, accurate, and complete information as requested, accept this Agreement, and acknowledging the Authorization for the Use and Disclosure of Health Information via the Informed Telehealth Consent (the “Authorization Form”).

When you set up an Account, you are required to enter your name, email address, password (“Password”) and certain other information (e.g., date of birth, contact information, credit card information, and medical history). You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. You may not transfer or share your Password or Account (collectively, the “Account Information”) with anyone.

You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Password or Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account Information. Alpha reserves the right to take any and all action, as it deems necessary, regarding the security of our Website and your Account Information. Under no circumstances shall Alpha be held liable to you for any liabilities or damages resulting from or arising out of your use of our Website, your use of the Account Information, or your release of the Account Information to a third party.

To use our Website, you must also reside in a jurisdiction in which we offer the ability to connect with Providers for Consultations, and you must be at least 18 years of age. If you are between the ages of 13 and 18 and reside in a jurisdiction in which we offer our Website, you may use our Website if your parent or legal guardian has consented to your use of the Website and agreed to the terms of this Agreement in accordance with Alpha procedures.

You will be responsible for any activities that occur under your Account until you terminate your Account in accordance with this Agreement. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) create an Account for anyone other than yourself or your child; (b) create or use more than one Account at any given time; (c) transfer your Account to anyone else; (d) permit anyone else to use your Account; or (e) use or access any other person’s Account.

Simply Stated: To use Alpha, you must live in a state where our Service is offered and be at least 18 years old or at least 13 years old and have obtained parental consent. You will create an account and provide the requested information in a truthful manner. Do not share your password. It is your responsibility to keep your account information and activity confidential.

Ordering Consultations

Prior to receiving a Consultation, you must acknowledge the Authorization Form, and each time you order a Consultation you must provide payment for the Consultation as described in this Agreement. On a first visit, a Provider will be selected for you based on his/her availability to you. You will receive confirmation by e-mail indicating that your order has been placed and the Provider has accepted the Consultation

Access Rights

Subject to your compliance with the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, nontransferable right to access our Service and use our Service solely for your personal non-commercial use.

The Website is for the personal use of Users only and Users may not use them in connection with any commercial endeavors. You represent and warrant that you will use the Website solely for your own personal benefit and that you will not resell or distribute the Website or its Content. You will not use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s prior explicit consent.

You agree that you will not, and will not attempt to: (a) interfere with or disrupt the functioning of the Service in any manner, including the functioning of any software, hardware, network or server connected to the Service; (b) distribute or transfer in any manner the Service or any part of the Service to any third party; (c) copy or modify the Service or any part of the Service for any purpose; (d) incorporate by any means any of the Service content into another application, website or service; (e) reverse-engineer or create derivative works based on any part of the Service for any purpose, commercial or otherwise; or (f) use the Service in any manner that is inconsistent with these Agreement. We reserve the right, in our sole discretion, to deny use of the Service to anyone for any reason.

Simply Stated: We give you permission to access and use Alpha, and in return, you agree to use our Service responsibly.

Acceptable Use

Use of our Service requires that you comply with acceptable use behavior as determined by Alpha. As part of your responsibilities, you agree that you will not: (a) use the Service in any unlawful manner; (b) use the Service in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity (including your Provider); (c) interfere with or inhibit any other user from using or enjoying the Service; (d) use the Service as a means to distribute unsolicited or unauthorized communications, advertisements or spam; (e) access or search the Service by any means other than the authorized public interface; (f) collect or use any data or Service content that violates any third-party right; (g) create a false identity, impersonate another person or entity, or otherwise misrepresent yourself; (h) breach or otherwise circumvent any security measures incorporated into the Service; or (i) use the Service in any manner that is considered unacceptable by Alpha. If Alpha becomes aware of any possible violations by you of any provision of the Agreement, Alpha reserves the right to investigate such violations, and Alpha may, at its sole discretion, immediately terminate your license to use the Website, Services, or Content, contact law enforcement authorities, or change, alter or remove your Content, in whole or in part, without prior notice to you.

Simply Stated: You agree that you will not misuse or abuse our Service, and you will not engage in any behavior that may be offensive or harmful to others. We’re all part of the Alpha family, and we need to protect our responsible users from anyone who behaves inappropriately.

Compliance with Terms; Remedies

Alpha will determine User’s compliance with this Agreement in our sole discretion and our decision shall be final and binding. Any violation of the this Agreement may result in restrictions on User’s access to and use of all or part of the Website and may be referred to law enforcement authorities. We may cancel, suspend or block your use of the Website and/or Account at any time, without cause. We may terminate and/or suspend your registration immediately, if there has been a violation of this Agreement and such other policies and terms posted on the Website. Your right to use the Website will end once your Account is terminated, and any data you have stored on the Website may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time. We recommend that you transfer any information stored on the Website prior to terminating registration. We are not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.

Fees and Purchase Terms The fees for Consultations with healthcare Providers can be found on our Website on this page. Fees are subject to change, and any changes will be posted. It is your responsibility to remain informed about the current rates. Alpha, on behalf of your Provider, will charge you for medical services provided by your Provider, and you agree to pay for all medical services provided to you.

You will provide Alpha with a valid credit card or any other method of payment accepted by us (“Payment Provider”) when you set up your Account with our Service. Your credit card issuer terms govern your use of your designated payment method, and you must refer to those terms and not this Agreement to determine your rights and liabilities as a cardholder. By providing Alpha with your Payment Provider and associated payment information, you agree that Alpha is authorized to invoice your Account at the time any payments are due and charge your designated Payment Provider account and that no additional notice or consent is required. If any payments are subject to sales tax in any jurisdiction, you also agree to pay the required sales tax, and any related penalties or interest. Alpha may automatically charge sales taxes for addresses within jurisdictions where such taxes are required. Unless otherwise agreed to by Alpha, all fees paid are non-refundable. You are responsible for all fees and charges associated with your Account.

We use a third-party payment processor (the “Payment Processor”) to charge your Payment Provider account. The processing of payments in connection with your use of our Service will be subject to the terms, conditions and privacy policies of the Payment Processor and the Payment Provider responsible for your designated method of payment, in addition to this Agreement with Alpha. We are not responsible for any errors by the Payment Processor or the Payment Provider.

You acknowledge that the fees and charges incurred in connection with your use of the Website and your order of any Consultation include, even if billed collectively, two distinct fees: 1) a professional fee for Provider services associated with the Consultation at the time you submit your clinical information for review (“Consultation Fee”); and (2) a subscription fee, billed either monthly or quarterly, depending on your individual selection for frequency of prescription delivery, associated with the administrative services provided by Alpha in connection with a Provider’s prescription or treatment (“Administration Fee”). You further acknowledge that although these fees may be collected at one time, Alpha does not share in the Consultation Fees collected for any Provider services and derives its sole payment from you in the form of the Administrative Fees. A breakdown of costs associated with individual services and treatments can be found on our pricing FAQ page located here. Alpha will identify to you the respective portions of your payment for fees and charges that are for Alpha’s Administrative Fees and for Provider’s Consultation Fees upon request.

Refunds. Due to our strict patient safety policies, we cannot accept returns or exchanges on prescriptions that have already been processed for shipping. Please refer to our refund information in our FAQ pages

Automatic Renewal. Should you incur our Administrative Fees, your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Alpha’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription, at least seven days prior to the next scheduled refill, (“Renewal Commencement Date”) through the methods described below.

Cancellation. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, you may do so by messaging us through the Patient Dashboard or emailing us at support@helloalpha.com. Please refer to our cancellation and refund information in our FAQ pages

Insurance Coverage. At present we do not process any insurance claims, nor will your Provider process claims on your behalf. It is solely up to you to contact your health plan, determine whether your coverage applies, and submit a claim if applicable. You are responsible for the full fee charged for Provider care through our Service regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

Simply Stated: The current fees for telemedicine Consultations with healthcare Providers are posted on Alpha. You agree that Alpha is authorized to bill your account and charge your designated method of payment when payments are due, including any sales tax that may be required. Alpha and your healthcare Provider do not currently process insurance claims, and it is your responsibility to submit claims if your health plan provides coverage.

Privacy

As part of the registration process, you will be asked to provide certain personal information. Any use of such information will be treated in accordance with our Privacy Policy, which can be found here

Content

For purposes of this Agreement, “Content” means any and all postings, messages, text, files, images, photos, video, works of authorship, or other material. Alpha does not claim ownership in any Content that you originate and publish, display, submit, upload or otherwise transfer to the Website, including Content that you submit using the Website in connection with any Consultation. You hereby grant to Alpha a non-exclusive, worldwide, irrevocable, perpetual, fully-paid and royalty free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to reproduce, modify, publicly display, publicly perform, prepare derivative works of, transmit, and distribute Content for the purpose of (a) providing you with the Website and the Services you request (including but not limited to sharing such Content with your Providers), and (b) creating, using, and disclosing de-identified and/or aggregated data from Your Content. You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth in this section for the Content that you post on the Website and (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or other rights of any person or entity. You are solely responsible for any and all Content that is posted by or through your Account on any Website.

Alpha reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other Users or third parties, including removing such content from the Website, notifying the appropriate authorities, barring violators from accessing the Website, and terminating the Accounts of such violators. Without limiting the foregoing, you agree that you will not post any Prohibited Content. “Prohibited Content” includes Content that:

(i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by Alpha, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for Alpha.

Ownership

We alone own all right, title and interest in and to our Website and Service, including all intellectual property rights relating to our Website (“Alpha Content”). Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from our Service shall be owned solely and exclusively by Alpha, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights. You shall not remove or permit any third party to remove any proprietary rights from our Service or its contents. Alpha hereby grants you a limited, revocable, non-sublicenseable license to reproduce and publicly display the Alpha Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.

Certain names, logos, and other materials displayed in our Service may constitute trademarks, trade names, service marks or logos (“Marks”) of Alpha or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

We reserve the right to modify or discontinue, temporarily or permanently, our Service, or any portion thereof, with or without notice. We will not be liable to you or any third party should we exercise that right.

Simply Stated: We own our Service, and you agree not to infringe upon any of our proprietary rights, like our rights to the Alpha name and logo.

Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Alpha through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Alpha has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Alpha a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and Services.

Copyright Policy

Upon prompt notification to Alpha by a copyright owner or a copyright owner’s legal agent, it is Alpha’s policy to terminate the Account of any User who repeatedly infringes third party copyright rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent (using the contact information listed below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. Contact information for Alpha’s Copyright Agent for notice of claims of copyright infringement is as follows:

Alpha

Attn: Copyright Agent.

212 High St, Suite 202

Palo Alto, CA, 94301

(415) 663-5584

Third Parties and Other Users

Content from other persons (including any Users and Providers), advertisers, and other third parties may be made available to you through the Website. Because Alpha does not control such Content, you agree that Alpha is not responsible for any such Content, including advertising and information about third party products or services. Alpha makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and Alpha assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other persons (including any Users), advertisers, and third parties.

Your interactions with other persons (including any Users and Providers) or third parties using the Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or third party. You agree that Alpha will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information.

The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents. Links to other websites or locations may also be posted by other persons. Alpha has no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that our Privacy Policy does not apply to these outside websites.

Termination

You may delete your Account at any time for any reason by sending us an email. Alpha may terminate your Account and use of our Service at any time for any reason. You understand that termination of your Account may involve deletion of your Account Information from our live databases as well as any content that you uploaded to the Service using such Account, but your Providers, or Alpha on behalf of the Providers, may retain your Account Information in accordance with applicable laws and professional standards. You agree that we will not be liable for any termination of your access to our Service or deletion of your Account or content uploaded by you.

Simply Stated: You’re free to stop using Alpha at any time, and we’re likewise free to deny use to anyone at any time.

Disclaimer

TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, OUR SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE. ANY ACCESS TO OR USE OF OUR SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. WE EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR ACCURACY) WITH REGARD TO OUR WEBISTE, SERVICES OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH OUR SERVICE (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY RECEIVE FROM YOUR PROVIDERS). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF OUR SERVICE. WE DO NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, OR ANY ADVERSE INCIDENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROVIDER OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ANY GENERAL ADVICE THAT MAY BE POSTED ON THE WEBSITE OR THE SERVICES IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY MEDICAL OR OTHER ADVICE. ALPHA AND PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO ANY AFFECT ON ANY PERSON BASED ON THE GENERAL ADVICE OR INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE OR THE SERVICES. IF YOU HAVE SPECIFIC CONCERNS OR CIRCUMSTANCES ARISE IN WHICH YOU REQUIRE MEDICAL ADVICE, YOU SHOULD CONSULT WITH A TRAINED AND QUALIFIED PHYSICIAN.

YOU ACKNOWLEDGE AND AGREE THAT ALPHA IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ALPHA LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES OR THIRD PARTY SERVICE PROVIDERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Simply Stated: Our Service is provided “as is.” We take great pride in Alpha and our commitment to our users, but we can’t guarantee that our Service or the functioning of our Service will be error-free. If you find anything that needs to be corrected or experience any problems, please let us know.

Limitation of Liability

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ALPHA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES [WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE], INCLUDING ANY LOST PROFITS ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, OUR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION MADE AVAILABLE THROUGH OUR SERVICE OR ANY SERVICES PERFORMED BY ANY PROVIDERS YOU CONNECT WITH VIA OUR WEBSITE (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.

IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALPHA’SMAXIMUM LIABILITY FOR ALL CLAIMS OF EVERY KIND WILL NOT EXCEED U.S. $100. THE FOREGOING LIMITATION OF LIABILITY WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY ARISING FROM THE USE OF OUR WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

NO RELIANCE ON CONTENT. Any advice, opinions, recommendations, suggestions, or other information or Content made available through the Services, are solely owned by the creators of such Content, and should not necessarily be relied upon. Such creators are solely responsible for such Content. Alpha does not: (i) guarantee the accuracy, completeness, or usefulness of any third party Content on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Services. Alpha and its affiliates hold no responsibility for any loss or damage resulting from your reliance information or Content displayed on the Website or transmitted to or by any Users via the Services. EXCEPT FOR ALPHA’S OBLIGATIONS TO PROTECT YOUR DATA AS SET FORTH IN THE PRIVACY POLICY, ALPHA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND THE CONTENT OF OTHER USERS), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

Information Verification. Alpha may use various ways of verifying information that Users have provided. However, none of those ways are perfect, and you agree that Alpha will have no liability to you arising from any incorrectly verified information.

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

Simply Stated: You assume responsibility for your use of our Service.

Indemnification

You agree to indemnify and hold harmless Alpha, its parents, subsidiaries, affiliates, licensors, and suppliers, and the officers, directors, employees, consultants, and agents of each, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from your Content, your use of our Website, your violation of this Agreement, your violation of any rights of any other person or entity or your violation of any applicable laws, rules or regulations. We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us. . You agree that the provisions in this section will survive any termination of your Account or the Services

Release

You hereby release Alpha, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interaction with any other User and/or with any Provider.

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Dispute Resolution.

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Alpha and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website or Services, to any products sold or distributed through the Website or Services, or to any aspect of your relationship with Provider , will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Alpha may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

IF YOU AGREE TO ARBITRATION WITH ALPHA, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST PROVIDER ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE PROVIDER IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Alpha. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. YOU AND ALPHA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Alpha are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in this Agreement.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Alpha, Contact@helloalpha.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Alpha.

Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Alpha makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Alpha.

Miscellaneous

Interpretation; Assignment. The section titles in this Agreement are for convenience only and have no legal or contractual effect. You may not assign any of your rights under this Agreement, and any such attempt will be null and void.

Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Alpha agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the State of California.

Governing Law and Jurisdiction. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

You agree to the use of electronic documents and records in connection with your registration, future transactions and communications involving our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any use of third-party software provided in connection with our Service, or any third-party product or service accessed or used in connection with our Service, will be governed by the applicable third-party’s license or terms of use, and not by this Agreement.

Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination of this Agreement shall survive and be enforceable after such termination, including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

Violations. Please report any violations of this Agreement to Contact@helloalpha.com. Thank you

From time to time, Alpha may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Alpha’s sole discretion.

Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability. If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.

Export Control. You may not use, export, import, or transfer our Content except as authorized by U.S. law, the laws of the jurisdiction in which you obtained our Content, and any other applicable laws.

Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Updated on September 25th, 2018