These terms contain legal obligations and form an agreement between you and Alpha Woman as applicable (collectively, the “Alpha Brands Companies,” “us,” “we,” or “our”). Please read these terms carefully before using, accessing or browsing any of our Properties.
These terms were last updated on: August 31st, 2018.
Access and Use
We reserve the right, in our sole discretion, to change these Terms, in whole or part, at any time. Except as otherwise provided in these Terms, any change will be effective when notice of the change is posted on a Property. Please check back regularly for updates by checking the date of the last update above. Your continued use of any Property or Service following the posting of amended Terms will mean you accept those changes. We reserve the right to modify, suspend, remove or discontinue any of the Properties, Services, or Content (as defined below) or any part of them from time to time without notice or liability for any reason whatsoever. We also reserve the right at any time to charge fees for access to, and to change any limits applicable to obtain free access to, all or any portion of the Properties, Services or Content. In such event, although your access to the applicable Property, Service or Content may be restricted or denied, you will not be charged for access unless we obtain your prior agreement to pay such charges.
You may not access or use, or attempt to access or use, the Properties or Services to take any action that could harm us or a third party. You may not access parts of the Properties or Services which you are not authorized to access. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Properties, Services, or Content, including the presentation or display of advertising. Being exposed to advertising is a condition of your accessing the Properties, Services, and Content.
Restrictions on Use of Content and Materials
The Properties and Services and all content made available thereon, including articles, stories, text, photographs, images, illustrations, audio and video clips and other content (collectively, the “Content”) are the property of the applicable Alpha Brands Company or its licensors and are protected, without limitation, pursuant to Canadian and foreign copyright, trademark and other laws. Subject to your compliance with these Terms, the Alpha Brands Companies grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, display or use a single copy of the applicable Property, Service and Content on your computer or other personal electronic device. This license is for personal, non-commercial, and educational purposes only. You cannot use any Property, Service or Content in connection with any commercial purpose, unless you obtain our written consent in advance. You are not permitted to alter or modify, or remove any copyright notice from, any Property, Service or Content. No other use is permitted and all other rights not expressly granted in these Terms are reserved. Any unauthorized use of any of the Content is strictly prohibited. Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any Content, including by framing, caching or other similar means, without the prior written consent of the applicable Alpha Brands Company, and, if applicable, the copyright owner of such Content.
All trademarks and trade names used, mentioned or displayed on the Properties or in the Services are trademarks or registered trademarks of the applicable Alpha Brands Company or of their respective owners. The display of trademarks or trade names on each of the Properties does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
To post comments, make submissions or access Content on, or to use some of the Services and Properties, you may be required to register. Should you choose to register, you agree to provide accurate, complete and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on the Properties, and (b) all activities, transactions, subscriptions and purchases that are effected, made or incurred through such password or account, including any applicable fees for Paid Services, together with applicable taxes. Further, you agree to immediately notify us of any unauthorized use of your password or account.
If you provide us with any information that is untrue or inaccurate or we have reasonable grounds to suspect that such information is untrue or inaccurate, we have the right to suspend or terminate your account and/or your access to any or all of the Properties or Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
Accounts are offered for individual use only. Registration is strictly restricted to one account per person. You may not pretend to be someone else or register on behalf of other people. You may not use registration credentials that we deem offensive or otherwise inappropriate, in our sole discretion. You may not share your registration information with or give your account login credentials to anyone else. Your account may be suspended or terminated and services if there is any suspicion that you or anyone in your household has misused your account, registered for multiple or fraudulent accounts, shared login credentials or breached any other portion of these Terms.
You may terminate your account at any time by emailing us at email@example.com.
You agree that we, in our sole discretion, may temporarily suspend or permanently terminate your password, account, or use of any or all of the Properties or Services. You agree that any suspension and/or termination of your access to or use of the Properties or the Services may be effected without prior notice and that we will not be liable to you or to any other person as a result of any such suspension or termination.
User Representations and Warranties
You represent and warrant that you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms.
Links to Third Party Sites
The Properties, Services and Content may contain links or references to other sites, services, offerings or applications that are not part of the Properties or Services and which are not controlled by the Alpha Brands Companies. The inclusion of a link does not imply endorsement by us. If you decide to visit any linked site, service, offering or application, you do so at your own risk, and it is your responsibility to take all protective measures and to guard against viruses and other destructive elements and any collection, use and disclosure of your personal information through such site, service, offering or application. WE WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR THE ACCURACY, RELEVANCY, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ON ANY SITE, SERVICE, OFFERING OR APPLICATION LINKED FROM A PROPERTY OR FOR ANY INFORMATION OR MATERIAL YOU PROVIDE TO ANY THIRD PARTY.
Unless otherwise indicated on a Property, we are not sponsored by or affiliated with any linked sites, services, offerings or applications, and trademarks used in connection with linked sites, services, offerings or applications are not our trademarks.
Professional Information Disclaimer
The Properties, Services and Content may contain certain facts, opinions, views, statements, recommendations and information which may be provided by third parties including third parties in professional fields such as medicine, law, engineering, accounting, architecture, financial planning, investments, other health and fitness related areas and other professional fields (“Professional Information”). Such information is for informational or entertainment purposes only and is not to be used or construed as a substitute for professional advice, diagnosis or treatment. Use of any Property, Service or Content does not replace consultations with qualified medical, legal, engineering, accounting, architectural, financial planning, investment, or other professionals. Professional Information may be subject to change and could be out of date. You acknowledge that any reliance on such Professional Information is at your sole risk and that we do not provide you with or endorse any medical, health or other professional advice or advocate on behalf of major health decisions. You further acknowledge that you are solely responsible for your own research and decisions, including health and financial planning decisions. You agree that we shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred arising out of, relating to, or in connection with the use of, or reliance on, any Professional Information.
Third Party Advertisements
Third party advertisers and other third party content providers, including merchants, vendors, sellers, service providers and third party providers of related information, content and videos (each, an “Advertiser” and collectively, “Advertisers”) may offer goods, services, content, information and other materials to you on the Properties. Your correspondence and business dealings with Advertisers including the payment for and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, content, information or other materials on the Properties.
Descriptions of, or references to, products, services, information or publications within the Properties do not imply endorsement of that product, service, information or publication. Your dealings or communications through the Properties with any party other than an Alpha Brands Company are solely between you and that third party. If you choose to correspond or transact with Advertisers or other third parties through our Properties or Services, you do so at your own risk. You and the appropriate third party, not the Alpha Brands Companies, are responsible for compliance with all laws applicable in any such transaction. It is your responsibility to use caution and common sense, and to evaluate the accuracy, completeness, reliability or usefulness of any information, opinion, advice, claim, representation or other content made available by any Advertisers or other third parties through the Properties or Services. Under no circumstances will we be liable for any goods, services, resources, and information or content made available by or to any third party or through such third party dealings or communications, or for any harm related thereto. Please review carefully any third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials, products, information, content or services provided by third parties should be forwarded directly to the third party.
In particular, exercise great care when revealing personal information and when purchasing items listed for sale on the Properties or through the Services. We sell products listed on our Properties. The Alpha Brands Companies have no responsibility or liability for any damages, losses, costs, expenses or injuries that you may incur in connection with items or services listed for sale by Advertisers or other third parties on the Properties or Services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE PROVIDING THE PROPERTIES, SERVICES AND CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PROPERTIES, SERVICES OR CONTENT, OR ANY WEB SITE, SERVICE, OFFERING, APPLICATION OR CONTENT WITH WHICH THEY ARE LINKED. WE DO NOT WARRANT THAT THE FUNCTION OF THE PROPERTIES, SERVICES OR THEIR CONTENTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF MALFUNCTIONS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS OR WILL BE FREE FROM SECURITY BREACHES, TAMPERING, OR OTHER UNAUTHORIZED INTERVENTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE), SHALL WE BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THE USE OF ANY OF THE PROPERTIES, SERVICES, OR CONTENT, OR ANY WEBSITE, SERVICE, OFFERING, APPLICATION OR CONTENT WITH WHICH THEY ARE LINKED. IN NO EVENT SHALL THE ALPHA BRANDS COMPANIES’ AGGREGATE TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, EXPENSES, COSTS, LIABILITIES AND CAUSES OF ACTION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH YOUR USE OF ANY OF THE PROPERTIES, SERVICES, OR CONTENT, OR ANY WEBSITE, SERVICE, OFFERING, APPLICATION OR CONTENT WITH WHICH THEY ARE LINKED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR USING THE APPLICABLE PROPERTY, SERVICE, OR CONTENT; AND (II) 100 CANADIAN DOLLARS. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING US OR MAKING ANY OTHER SUBMISSIONS OVER THE INTERNET.
You expressly acknowledge that we have relied on the disclaimers, limitations and exclusions of liability set out in these Terms in making the Properties, Services and Content available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and the Alpha Brands Companies.
Jurisdiction and Governing Law
The Properties and Services are provided by the Alpha Brands Companies. Our offices are located in Ontario, Canada. If you choose to access or use the Properties or Services from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms are governed by Ontario law, without giving effect to any principles of conflicts of law. To the extent permitted by applicable law, you agree that any formal legal dispute arising out of, relating to or in connection with these Terms or the Properties or Services shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that, to the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action arising out of, relating to or in connection with use of the Properties or Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
If any provision of these Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of the applicable Alpha Brands Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. Throughout these Terms, the words “including” and “includes” mean “including without limitation.”
Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control, shall not be a breach of these Terms.
These Terms, including all terms, policies, and guidelines referenced in these Terms, together with any agreement governing your use of Paid Services, where applicable, is the entire agreement between you and the Alpha Brands Companies concerning the Properties, Services and Content. These Terms supersede all prior agreements or communications between you and us regarding the subject matter of these Terms.
The parties have required that these Terms and all terms, policies and guidelines relating thereto be drawn up in English. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférant soient redigés en langue anglaise.
In the event of any conflict, discrepancy or inconsistency between the English language version and the French language version of these Terms, the English version shall prevail, govern and control.