IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
YOU MAY REACH THE NATIONAL SUICIDE & CRISIS LINE BY DIALING 988.
IN ADDITION, THE SERVICES ARE NOT APPROPRIATE FOR ALL CONDITIONS. SEEK IN-PERSON OR IMMEDIATE CARE IF NEEDED.
THE PUBLICLY AVAILABLE 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 PUBLIC AREAS OF THE WEBSITE IS INTENDED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT.
Thank you for using Alpha. If you have any questions or concerns, please email us at firstname.lastname@example.org.
General Terms and Conditions
What Service does Alpha Provide?
Our Services are designed to enable you to obtain telemedicine consultations and Treatment for common medical conditions by facilitating the connection between you and a Healthcare Provider. Once you complete the intake process, agree to the Consent to Telehealth and are assigned one or more Healthcare Providers through our Website who agrees to provide Treatment as described in the Consent to Telehealth, each of those Healthcare Providers may be referred to as “your Provider.” Your Provider is solely responsible for providing you with medical care. HELLO ALPHA ACTS 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 HEALTHCARE PROVIDERS, EACH OF WHOM IS RESPONSIBLE FOR THE MEDICAL SERVICES HE OR SHE PROVIDES.
All information, materials, content and/or advice on the Website or provided through the Website or Alpha App 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 or the Alpha App. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
BY USING THE ALPHA PLATFORM OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT HELLO ALPHA IS NOT A PROVIDER. HELLO 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: Hello Alpha provides the technology to connect you with licensed Healthcare Providers for non-emergency Treatment and consultations, but only your Provider can make decisions about your medical care and treatment.
Third Party Materials.
The Alpha Platform 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.
Simply Stated: Alpha is not responsible for any Third Party Website you visit. If you visit a Third-Party Website for any reason, you may be subject to the terms of that Third Party Website.
THE MEDICAL CARE YOU RECEIVE FROM YOUR PROVIDER THROUGH ALPHA IS NOT A SUBSTITUTE FOR OTHER MEDICAL TREATMENT YOU MAY NEED. SOME CONDITIONS REQUIRE IN-PERSON OR IMMEDIATE EVALUATION. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK EMERGENCY MEDICAL HELP. YOU MAY REACH THE NATIONAL SUICIDE & CRISIS LINE BY DIALING 988.
Simply Stated: Once again, if you have a medical emergency, call 911 immediately! You may also reach the National Suicide & Crisis Line by Dialing 988.
When you set up an Account, you are required to enter your name, email address, password (“Password”) and if you proceed to a consultation, certain other information (e.g., date of birth, contact information, location, credit card information, and responses to intake questions, including your 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 understand that by agreeing to receive text, SMS, and/or email messages, Alpha will be transmitting certain aspects of you or your child’s protected health information (“PHI”) as that term is defined under HIPAA, electronically. You acknowledge and agree that while Alpha takes commercially reasonable steps to protect the privacy and security of your PHI, no system is completely secure. In addition, you are responsible for carrier and data charges. You may choose not to receive emails or text messages by replying “STOP” to texts or unsubscribing from emails.
By providing Alpha with your email address and/or mobile device number, you acknowledge and agree that Alpha (or third parties who send these communications on Alpha’s behalf) will send you text, SMS, or email messages related to your Alpha services and orders. You can opt out at any time by replying “STOP” to texts, or unsubscribing from emails.
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 the Alpha Platform 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 the Alpha Platform, your use of the Account Information, or your release of the Account Information to a third party.
To use our Alpha Platform, you must also reside or complete the medical intake form for your chosen medical condition in a jurisdiction in which we offer the ability to connect with HealthCare Providers for Treatment, and you must be at least 18 years of age. If you are between the ages of 13 and 18 and reside or complete the medical intake form for your chosen medical condition in a jurisdiction in which we offer the Alpha Platform, you may use the Alpha Platform with or without parent or legal guardian consent, depending on state laws. For medical conditions which require parent or legal guardian consent, you may use the Alpha Platform 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, other than when expressly authorized to do so by law. If you create a duplicate Account by mistake (for example, using different email addresses), we will reach out to you to correct the duplicate account and merge them to ensure your Providers have access to your medical records.
Simply Stated: To use Alpha, you must live or complete the medical intake form 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, as needed, depending upon the medical condition for which you want treatment and respective state laws which outline the provision of care to minors. 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.
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 Alpha Platform 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 Alpha Platform solely for your own personal benefit and that you will not resell or distribute the Alpha Platform or its Content. You will not use any information obtained from the Alpha Platform 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 the Alpha Platform, and in return, you agree to use our Service responsibly.
Use of our Alpha Platform and the Services 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 Alpha Platform or Services in any unlawful manner; (b) use the Alpha Platform or Service in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity (including your Provider), through Content (defined below) or otherwise; (c) interfere with or inhibit any other user from using or enjoying the Alpha Platform or Services; (d) use the Alpha Platform or Services as a means to distribute unsolicited or unauthorized communications, advertisements or spam; (e) access or search the Alpha Platform or Service by any means other than the authorized public interface; (f) collect or use any data or Alpha Platform- 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 Alpha Platform or Services; or (i) use the Alpha Platform or Services 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 Alpha Platform, Services, or Content (defined below), 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 Alpha Platform or Services, 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
Fees and Purchase Terms.
The fees for Consultations with healthcare Providers can be found on the Alpha Platform on this page: FAQ. If you have signed up for Alpha Membership (as defined below), additional details relating to the current offering may also be found on our FAQ. Fees and the Alpha Membership are subject to change, and any changes will be posted. It is your responsibility to remain informed about our current rates and offerings. 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.
Fees Associated with Visits
You may use the Alpha Platform for individual consultations, or “Visits,” or you may select one of two levels of Alpha Membership (defined below). Please consult the Alpha Platform for information on the number of Visits included per month for each level of Membership as well as which conditions are included in each level of Membership. Certain conditions are not offered on a single-Visit basis because Treatment for these conditions benefit from or necessitate routine follow-up Visits. You acknowledge that the fees and charges incurred in connection with each Visit, whether a single Visit or via the Alpha Membership, even if billed collectively, include distinct types of fees: 1) professional fees for Provider services associated with the consultation at the time you submit your personal information, medical history and related information for review (“Consultation Fee”); (2) administrative fees, billed either monthly by Visit, associated with the administrative services provided by Alpha in connection with a Provider’s prescription or treatment, if any (“Administration Fee”); and (3) if applicable, fees associated with the purchase and delivery of prescriptions associated with Alpha’s contracted mail order pharmacy. You further acknowledge that whether these fees may be collected at one time or in aggregate, 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: FAQ. 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.
Due to our strict patient safety policies, we cannot accept returns or exchanges on prescriptions that have already been processed for shipping.
For cancellations of Alpha Memberships at any level, please note that monthly membership fees are not refundable for the current 30-day period, once charged. To avoid auto renewal and charges for future months, you may request to cancel your membership at any time. Please see the Cancellation section for more information.
We may change or modify the terms of any Alpha Membership level at any time, in our sole discretion.
If you sign up for your Alpha Membership and are billed by us, then the following billing and renewal terms will apply to your membership. Taxes may apply on the fee for Alpha Membership. Alpha Membership benefits will last for the 30-day period following your last Renewal Commencement Date and shall auto-renew for successive periods of the same length unless canceled in advance prior to auto-renewal. Please see the section entitled Automatic Renewal for more details. You may request to cancel your membership at any time. Please see the Cancellation section, below.
If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL, YOU UNDERSTAND YOUR ALPHA MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
To cancel your membership, log into your Alpha account and select “Your Membership” in the left hand menu. Then, select “Cancel Membership,” where you’ll be asked to confirm and submit your request to cancel. After you’ve submitted your request to cancel, a member from your Care Team will send you a secure message on our platform. If you acknowledge and confirm your cancellation in this message, a member of our Care Team will continue to process your cancellation. An email confirming your cancellation will be sent to you. You’ll still have access to your membership benefits through the end of your current billing period.
You will receive an automated email five days before the next renewal date as advance notice of upcoming charges. Membership fees are nonrefundable for the current month.
Please note that canceling membership will not cancel any upcoming or automatic refills for prescription medications. To cancel prescription orders, please contact our Care Team directly through the Alpha Platform. If you choose not to cancel an automatic refill plan, it will continue to be refilled, and you will continue to be charged for medication.
Please refer to our cancellation information in our FAQ.
At present we do not process any insurance claims to bill for our Services, 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.
We alone own all rights, title and interest in and to the Alpha Platform and Service, including all intellectual property rights relating to the Alpha Platform (“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-sublicensable license to reproduce and publicly display the Alpha Content (excluding any software code) solely for your personal use in connection with viewing the Alpha Platform 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 Alpha Platform and Service, and you agree not to infringe upon any of our proprietary rights, like our rights to the Alpha name and logo.
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 Alpha Platform and Services.
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 Alpha Platform 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. 555 Bryant Street, Suite 814, Palo Alto, CA, 94301-1704
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 Alpha Platform. 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 Alpha Platform, 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.
You may delete your Account at any time for any reason by sending us an email at email@example.com. Alpha may terminate your Account and use of our Alpha Platform and 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.
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 THE ALPHA PLATFORM, 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 ALPHA PLATFORM 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 Alpha Platform will be error-free. If you find anything that needs to be corrected or experience any problems, please let us know.
Limitation of Liability
IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALPHA’S 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 THE ALPHA PLATFORM. 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
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.
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, or if you are located in California at the time you transact with the Alpha Platform, you waive California Civil Code §1542, which says:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
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.
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, 555 Bryant Street, Suite 814, 94301-1704 or by emailing firstname.lastname@example.org, 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.
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 Delaware, 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 or any goods or services available through the Alpha Platform.
You agree to the use of electronic documents and records in connection with your registration, future transactions and communications involving the Alpha Platform. 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 and conditions, 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.
Last update 12/28/2022