Terms & Privacy Policy

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 Terms of Use. These explanations are written in a way that makes our Terms of Use 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 Terms of Use carefully. Our Privacy Policy is included in our Terms of Use and can be found here, and we take both the privacy and security of your data seriously. Above all else, we value your trust.

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 help@helloalpha.com .

Alpha Inc. (“Alpha”, “us” or we”) provides users (“Users” or “You”) with an interactive web and mobile application prototype provided to you (the “Website”) that allows for online access to personalized dermatology consultations provided directly to Users by board certified dermatologists (each, a “Provider”) that Users can locate through our Website (each, a “Consultation”). 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”), but you agree that the Services do not include, and that Alpha does not and will not provide you with, any licensed professional medical services of any kind. These Terms of Use (“Agreement”) sets forth the legally binding terms for your use of the Website and Services.

BY ESTABLISHING AN ACCOUNT ON THE WEBSITE AND/OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT ESTABLISHES AN ACCOUNT ON OR USES 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 Terms of Use.

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 Terms of Use 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 Terms of Use. If any changes are made, the Terms of Use will be updated. By continuing to use Alpha, you’re agreeing to the changes.

Dermatologist Terms of Service. If you are a Dermatologist using this service to provide Consultations to Users, your use of the Website and Services is governed by separate terms of service available at: support@helloalpha.com.

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 Site is a venue designed to connect Provider with Users looking for dermatology Consultations. Alpha does not provide or arrange for dermatology services. Alpha does not participate in the interaction between Dermatology and Users except to charge 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.

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.

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 THERYON FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY 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 SITE 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 (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 order. On subsequent visits you may select a Provider previously seen or request a new Provider.

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 on the mobile device(s) that you own or control 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. 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 Terms of Use. 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.

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

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. 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. 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) an administrative fee for Alpha Services and 2) a professional fee for Provider services associated with the Consultation. You further acknowledge that although these fees may be collected at one time, Alpha does not share in the professional fees collected for any Provider services and derives its sole payment from you in the form of the administrative fee. 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 professional fees upon request.

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 is incorporated by this reference into this Agreement and can be found here.

Simply Stated: Our Privacy Policy is part of our Terms of Use, so you agree to let us use your information as we’ve described in the Privacy Policy.

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 (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, copyright 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, and any suggestions, ideas or other feedback provided by you or any other party 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. You also understand that any feedback you may provide about our Service will be the property of Alpha.

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

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 AVILIBLE. ANY ACCESS TO OR USE OF OUR SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. WE EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS OF ANY KINDWHETHER 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 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. 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. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM 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.

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 use of our Website, your violation of these Terms of Use, or your violation of any rights of any other person or entity. 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.

Simply Stated: You are responsible for any claims resulting from your violation of these Terms of Use.

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.”

Miscellaneous

These Terms of Use constitute the entire and final agreement between you and Alpha and govern your access to our Service, superseding any prior agreements between us with respect to Terms of Use. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may not assign any of your rights under these Terms, and any such attempt will be null and void. The validity, interpretation, construction and performance of these Terms of Use will be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising under or relating to these Terms of Use will be resolved exclusively by final and binding arbitration in San Francisco, California, under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Francisco, California, for any action related to these Terms of Use. You may only resolve disputes with us on an individual basis and not as part of any class, consolidated or representative action. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. If any provision is found to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action related to these Terms of Use must be filed within one year after such claim arose or be forever barred. You have no authority to act on behalf of or bind Alpha in any way.

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 these Terms of Use. If you access our Service from Apple’s App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and as such, Apple will have the right to enforce this Agreement. In addition to this Agreement, your use of our Service must comply with all applicable third-party terms of 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.

Simply Stated: Any dispute related to these Terms of Use that cannot be resolved informally will be resolved by binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. However, please contact us if you have any issues, and we will do our best to take care of them for you. Your satisfaction is our top priority.

Violations

Please report any violations of these Terms of Use to support@helloalpha.com. Thank you.