Alvanon.com Terms and Conditions of Use
Revised as of: September 18, 2018
These Terms and Conditions of Use, including our Privacy Policy (collectively referred to as the “Terms”) govern your use of all of our services, including our website, applications, platforms, and/or other online materials, resources, products and services (collectively referred to as our “Services”) and are applicable regardless of where you access the Services or what technological methods or devices you use. Some of our services have separate and/or additional terms and conditions of use. If there is any conflict or ambiguity between the main Alvanon.com site and any separate or additional terms and conditions for those Services, their terms shall take priority and shall be binding on your use of them.
Accessing or using any of our Services shall constitute your acceptance of these Terms and your acceptance means you are entering into a binding contract with Alvanon, Inc. as well as its affiliated companies, and all of its directors, officers, employees, and contractors (collectively, “Alvanon”; “we”; “us”; “our”).
For the purposes of these Terms, “you”; “your”; “User” or “Student” means the User who accesses or engages in the Services. You may use our Services only if you can form a binding contract with Alvanon. Any use or access by anyone under the age of 13 is prohibited.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time. The date of the most recent update is indicated at the top of this document. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes constitute your acceptance to the Terms as changed or modified.
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICES.
I. User Information
Use of some of our Services, such as downloads, may require that you provide us with specific information(“User Information”). You will be asked to provide us with accurate and complete personally identifiable information. You acknowledge that your User Information is accurate and you agree to our intellectual property restrictions. By providing your User Content, you agree to allow Alvanon to continue to communicate with you via email, telephone, or through the website, which may include information on our services, updates to materials, events and offers. Some of these Services may have additional requirements regarding information you may need to provide or acceptance of additional terms.
II. Privacy Policy
Please see our Privacy Policy which provides notice on how we collect, use, protect, or otherwise handle your information.
III. User Content
Your engagement in our Services may enable or require you to submit content you create, such as participation in Live Chat, Alvanon managed online discussions and forums; suggestions, feedback, and other input (“User Content”). For all User Content you submit through our Services, including all intellectual property rights embodied therein, you grant to Alvanon an unrestricted, worldwide, perpetual license, to transmit, publish, distribute, transfer or sublicense, make reproductions, adapt or create derivative works, perform or display publicly, or otherwise use, at no cost whatsoever to Alvanon.
We reserve the right to remove or modify User Content for any reason without notice.
IV. Third-Party Content and Services
Our Services may contain links to third-party websites, resources and services or content provided by instructors or other users. Alvanon does not endorse such content or warrant its accuracy, or guarantee it is safe to access. You acknowledge that Alvanon is not responsible for this content, or your use of it, and agree that Alvanon will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content. Please also see our Privacy Policy regarding information on Third-Party services.
V. Intellectual Property
The original content, features, and functionality of all Services are owned by Alvanon and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws with all rights reserved.
Any other Intellectual Property associated with our Services from third-parties, which may include you or other users, is used with permission; through a license; used under the doctrine of Fair Use; or used according to these Terms. Nothing in these Terms grants you a right or license to use any intellectual property owned by Alvanon or any other third-party except as expressly provided in these Terms.
You agree and acknowledge that you will be solely responsible for any violations of any relevant laws and for any infringement of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your profile.
If you believe in good faith that any content appearing on our site infringes your copyright, the
Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners and requires that you send us a notice notifying us of the specific content in question and requesting that the material be removed or access to it blocked. We will investigate the matter and follow up with you. DMCA notices should be directed to us at support@alvanon.com.
VII. Downloads and Transactions for Services
For any downloads of our content, you may be required to reaffirm your acceptable of these Terms and provide us with specific permission to continue to send you updates on our services, events and offers.
For any fee-based transactions, all Services, taxes and fees are quoted and are payable in U.S. Dollars unless otherwise specified. Fees for Services may vary based on availability, your location, and other factors. We reserve the right to change any fees at any time at our sole discretion. Any changes, updates, or modifications will be effective immediately upon posting through the relevant Services. Payment may be processed by a third-party provider.
All sales are final once completed. Payments are nonrefundable and there are no credits for partially unused Services that are purchased but not used, except for cancellations made by Alvanon, for which you may receive a pro-rated credit.
VIII. Specific Prohibitions
The following activities or uses of our Services are specifically prohibited. Any User engaged in these activities or uses shall be subject to immediate termination of our Services.
a) Use of our Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions;
b) Using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.
IX. Termination of Account or Services
If you no longer wish to have a registered account, you may terminate your account by sending an email to: support@alvanon.com. If you would like to cancel services, please refer to our policies under Transactions.
If you no longer accept these Terms you must cease using our Services immediately. Continued use of the Services indicates your continued acceptance of these Terms.
We may terminate your account and access to Services without cause or notice, which, in some cases, may result in the forfeiture and destruction of all information associated with your User Credentials. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, intellectual property provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
X. Disclaimers
A) No Warranty. To the fullest extent permitted under law, our Services are provided “as is” and without warranties of any kind. To the fullest extent permitted under law, ALVANON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Alvanon does not represent or warrant that the Services will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available or any email sent to you are free of viruses or anything else harmful. You expressly agree that your use of our Services is at your sole risk. Alvanon does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Alvanon reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have engaged in any Services).
B) Limitation of Liability. In no event shall Alvanon be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, our Services; (b) the performance of the Services; or (c) the conduct of other users, even if Alvanon has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Alvanon for dissatisfaction with the Services is to stop using the Services.
XI. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold Alvanon harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of these Terms; (2) any User Content; (3) any activity in which you engage on or through the Services; and (4) your violation of any law or the rights of a third party.
XII. Governing Law and Jurisdiction
Alvanon is owned and operated by Alvanon, Inc. with its principal address located at 145 West 30th Street, Suite 1000, New York, NY USA.
For any disputes arising out of or in connection with these Terms shall be finally settled under the laws of the state of the United States and New York State. Users with a legal address outside of the United States agree to have all disputes settled by Arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
XIII. Assignment
Any attempt by you to assign or delegate these Terms shall be null and void. Alvanon may assign these Terms at its sole discretion.
XIV. Waiver
No failure of either party to exercise or enforce any of its rights under these Terms and will act as a waiver of such rights.
XV. Enforceability
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
XVI. Contact
If you have any questions regarding these Terms, please contact us at support@alvanon.com.
