THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
- Accounts and User Representations
- Account Creation. In order to use certain features of the Altis Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site or by contacting us at firstname.lastname@example.org. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that, in Altis’ sole discretion, is offensive, obscene or otherwise objectionable. Altis may suspend or terminate your Account in accordance with Section 9.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Subscription Services. Full access to the Altis Service will require that you register as a member of the Altis Service and enter into a subscription agreement for access to the Altis Content and features (“Subscription”). Your Subscription may be governed by additional terms. You must provide complete and accurate registration information to Altis, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription. Altis will provide information on its then-current Subscription requirements on the Altis Site and/or by other means through the Altis Service. Features and prices are subject to change.
- User Representations. In becoming an Altis Service user with the intent of using the Altis Service, you affirm that either: (A) all of the following statements are true: (i) you have never lost your balance because of dizziness and you have never lost consciousness, (ii) you have not experienced chest pain when not engaged in physical activity at any time within the past month, (iii) you have never felt chest pain when engaging in physical activity, (iv) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner, (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity, (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition, (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems, (viii) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition, and (ix) you do not know of any other reason you should not exercise, or (B) your physician or general medical practitioner has been specifically consulted by you and approved of your use of the Altis Service. If applicable, you further affirm that: (A) you are not pregnant, breastfeeding or lactating; unless (B) your physician or general practitioner has been specifically consulted and approved your use of the Altis Service. Furthermore, you represent that you are at least 18 years old, or the age of legal majority in your jurisdiction of residence, which is required in order to access and use the Altis Service, including the purchase of Altis Products (including Subscription) and the use of the Site, Apps and Altis Socials (in case of the Apps and Altis Socials, additional third party restrictions (e.g., from Facebook, Twitter, Apple, Google, etc.) may apply). You may permit individuals under the age of 18 to use the Altis Service only if you remain present and supervise the minor at all times during use of the Altis Service. You are fully and solely responsible for the minor’s safe use of the Altis Service. Finally, you represent that to the extent that another party may have access to or view Content as part of your Account, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. We may, in our sole discretion, refuse to offer the Altis Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Altis Service is revoked where these Terms or use of the Altis Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Altis Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party. Finally, Altis reserves the right to terminate these Terms, including any Subscription or other service that you may be using through the Altis Service, if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
- License and Access to the Altis Service
- License. Subject to these Terms, Altis grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Altis Service solely for your own personal, noncommercial use. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the Altis Service, and remove (that is, uninstall and delete) the installed App from your mobile device.
- Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Altis Service, whether in whole or in part, or any Content displayed as part of the Altis Service; (b) you shall not attempt to decipher, modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Altis Service; (c) you shall not access the Altis Service in order to build a similar or competitive website, product, or service; (d) download and/or install any third party software and/or application on any Altis hardware that is not expressly permitted by Altis in writing; (e) access, tamper with, or use non-public areas of the Altis Service, Altis’ computer systems, or the technical delivery systems of Altis’ service providers; (f) attempt to probe, scan or test the vulnerability of any Altis system or network or breach any security or authentication measures; (g) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Altis or any of Altis’ service providers or any other third party (including another user) to protect the Altis Service or Content; (h) use the Altis Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Altis; (i) bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Altis Service; (j) attempt to access, scrape or search the Altis Service or Content, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like); (k) copy, use, index, disclose or distribute any information or data obtained from the Altis Service, whether directly or through third parties (such as search engines), without Altis’ express written consent; (l) except as expressly stated herein, no part of the Altis Service may be copied, reproduced, distributed, republished, downloaded (other than one copy of the App solely for the use of the Altis Service), displayed, posted or transmitted in any form or by any means other than as permitted in accordance with these Terms. Unless otherwise indicated, any future release, update, or other addition to functionality of the Altis Service shall be subject to these Terms. All copyright and other proprietary notices displayed as part of the Altis Service (including on any Content that is displayed as part of the Altis Service) must be retained and shall not be removed.
- Modification. Altis reserves the right, at any time, to modify, suspend, or discontinue the Altis Service (in whole or in part) with or without notice to you. You agree that Altis will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Altis Service or any part thereof.
- No Support or Maintenance. Unless otherwise indicated herein or elsewhere within the Altis Service, you acknowledge and agree that Altis will have no obligation to provide you with any support or maintenance in connection with the Altis Service.
- Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Altis Service and its Content are owned by Altis. Neither these Terms (nor your use of the Altis Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Altis and the Altis Affiliated Entities reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
- Sale of Products. Altis may accept orders for the Altis Products and any other equipment, apparel or accessories that we may offer through the Altis Site. Availability of the Altis Products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual Altis Products or component availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. Unless otherwise specified at the time of purchase, you must pay for the Altis Products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the Altis Products and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those Altis Products if we cancel your order. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Site (or through the Altis Service) or to your email address after your payment has been processed. Please see the relevant sections of the Site (or, where applicable, the Altis Service) for additional warranty and return information.
- User Content
- Definitions. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Altis Service. “User Content” means any content that users (including you) provide to be made available through the Altis Service. Content includes, without limitation, User Content.
- Responsibility for User Content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.4). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Altis. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Altis is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- License. You hereby grant (and you represent and warrant that you have the right to grant) to Altis an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Altis Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Altis Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Altis Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Altis Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Altis Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Altis Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Altis Service (or to other computer systems or networks connected to or used together with the Altis Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Altis Service; or (vi) use software or automated agents or scripts to produce multiple accounts in the Altis Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Altis Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Altis Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.
- Feedback. If you provide us with any feedback or suggestions regarding the Altis Service (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
- Indemnification. You agree to indemnify and hold Altis and the Altis Affiliated Entities harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Altis Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Links, Ads and Materials; Other Users
- Third-Party Links, Ads and Materials. Altis Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links, Ads and Materials”). Such Third-Party Links, Ads and Materials are not under our control, and we are not responsible for any Third-Party Links, Ads and Materials. We provide access to these Third-Party Links, Ads and Materials only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Ads and Materials. You should use all Third-Party Links, Ads and Materials at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Ads and Materials, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links, Ads and Materials.
- Other Users. Each Altis Service user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Altis Service user, we are under no obligation to become involved.
- Release. You hereby release and forever discharge Altis and the Altis Affiliated Entities from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Altis Service (including any interactions with, or act or omission of, other Altis Service users or any Third-Party Links, Ads and Materials). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE ALTIS SERVICE AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY AND ALTIS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ALTIS SERVICE AND THIRD-PARTY LINKS, ADS AND MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE UNLESS EXPRESSLY NOTED IN THE ALTIS LIMITED WARRANTY, WHICH MAY BE AVAILABLE ON THE SITE AND/OR AS PART OF THE ALTIS PRODUCTS. WITHOUT LIMITING THE FOREGOING, ALTIS MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE ALTIS SERVICE WILL MEET YOUR PERSONAL OR PROFESSIONAL NEEDS, (B) THAT THE ALTIS SERVICE IS OR WILL BE PERMITTED IN YOUR JURISDICTION, (C) CONCERNING ANY CONTENT, INCLUDING USER CONTENT, (D) CONCERNING ANY THIRD PARTY’S USE OF USER CONTENT THAT YOU SUBMIT, (E) THAT THE ALTIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (F) THAT ALTIS WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE ALTIS SERVICE; OR (G) CONCERNING SITES AND RESOURCES OUTSIDE OF THE ALTIS SERVICE, EVEN IF LINKED TO FROM THE ALTIS SERVICE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH ALTIS AND ALTIS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, LESSORS, LESSEES, BUSINESS PARTNERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “ALTIS AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. WE DO NOT GUARANTEE THAT THE ALTIS SERVICE IS OR WILL REMAIN UPDATED, COMPLETE, CORRECT OR SECURE, OR THAT ACCESS TO THE ALTIS SERVICE WILL BE UNINTERRUPTED. THE ALTIS SERVICE MAY INCLUDE ERRORS, INACCURACIES AND MATERIALS THAT VIOLATE OR CONFLICT WITH THESE TERMS. ADDITIONALLY, THIRD PARTIES MAY MAKE UNAUTHORIZED MODIFICATIONS TO THE ALTIS SERVICE. IF YOU BECOME AWARE OF ANY SUCH MODIFICATIONS, CONTACT US AT email@example.com WITH A DESCRIPTION OF SUCH MODIFICATIONS AND ITS LOCATION WITHIN THE ALTIS SERVICE.
- Safety Warnings and Waiver
THE ALTIS SERVICE OFFERS FITNESS AND HEALTH INFORMATION AND IS DESIGNED FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL MEDICAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL MEDICAL PRACTITIONER OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ/HEARD THROUGH THE ALTIS SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE ALTIS SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. NOTHING STATED OR POSTED ON THE ALTIS SITE OR AVAILABLE THROUGH ANY ALTIS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE ALTIS SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, ALTIS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE ALTIS SITE OR THROUGH THE ALTIS SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE ALTIS SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
YOU UNDERSTAND THAT BY USING THE ALTIS SERVICE, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, INCLUDING RISKS THAT ARISE AS A RESULT OF ENTERING A GYM SPACE OR ANY OTHER SPACE OR ENVIRONMENT IN WHICH THE ALTIS SERVICE IS MADE AVAILABLE, PERFORMING PHYSICAL ACTIVITY, AND/OR USING THE EQUIPMENT AS PART OF THE ALTIS SERVICE. YOU UNDERSTAND THAT INJURIES OR DAMAGE COULD OCCUR BY NATURAL CAUSES OR ACTIVITIES OF OTHER PERSONS, INCLUDING THE ACTIVITIES OF OTHER PERSONS USING SUCH EQUIPMENT, OR OTHER THIRD PARTIES (INCLUDING THIRD-PARTY FITNESS INSTRUCTORS AND OTHER EXERCISE PARTICIPANTS), WHETHER AS A RESULT OF NEGLIGENCE OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU VOLUNTARILY ASSUME ALL RISK OF LOSS, DAMAGE AND INJURY TO PERSON OR PROPERTY THAT MAY ARISE FROM, OR THAT IS RELATED TO, YOUR USE OF THE ALTIS SERVICE, WHETHER SUCH RISK IS KNOWN OR UNKNOWN TO YOU.
YOU HEREBY WAIVE AND RELEASE ALTIS AND THE ALTIS AFFILIATED ENTITIES (AS DEFINED BELOW), TO THE MAXIMUM EXTENT PERMITTED BY LAW, FROM ANY CLAIM, ACTION, SUIT OR DEMAND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ALTIS SERVICE (INCLUDING WITH RESPECT TO ANY PHYSICAL INJURY OR DEATH). YOU ACKNOWLEDGE THAT NEITHER ALTIS NOR THE ALTIS AFFILIATED ENTITIES WILL INCUR ANY OBLIGATION TO YOU UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE) AS A RESULT OF YOUR USE OF THE ALTIS SERVICE. YOU AGREE THAT THIS RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.
THE FOREGOING RELEASE IS INTENDED TO APPLY TO ALL CLAIMS NOT KNOWN OR SUSPECTED TO EXIST, WITH THE INTENT OF WAIVING, IF APPLICABLE, THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542 (WHICH STATES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR) AND OTHER ANALOGOUS LAWS OR LEGAL PRINCIPLES OF ANY JURISDICTION REQUIRING THE INTENT TO RELEASE FUTURE UNKNOWN CLAIMS.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALTIS OR THE ALTIS AFFILIATED ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE ALTIS SERVICE, EVEN IF ALTIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE ALTIS SERVICE IS AT YOUR OWN DISCRETION AND RISK. ALTIS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ALTIS SERVICE OR FROM ANY ALTIS PRODUCTS, APPS OR THIRD-PARTY LINKS, ADS AND MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, OR FROM ALTIS’ TERMINATION OF THESE TERMS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ALTIS SERVICE OR ANY ALTIS PRODUCTS, APPS OR THIRD-PARTY LINKS, ADS AND MATERIALS IS TO STOP USING THE ALTIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE ALTIS SERVICE WITHIN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE APPLICABLE CLAIM AND (B) FIFTY U.S. DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH ALTIS AND THE ALTIS AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE ALTIS SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
- Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Altis Service. We may suspend or terminate your rights to use the Altis Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Altis Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Altis Service under the terms hereof will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Certain Restrictions (Section 2.2), Ownership (Section 2.5), User Content (Section 3), Indemnification (Section 4), Release (Section 5.3), Disclaimers (Section 6), Safety Warnings and Waiver (Section 7), Limitations on Liability (Section 8), Copyright Policy (Section 10) and General (Section 11).
- Copyright Policy. Altis respects the intellectual property of others and asks that users of the Altis Service do the same. In connection with the Altis Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Altis Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of the Altis Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (i) your physical or electronic signature, (ii) identification of the copyrighted work(s) that you claim to have been infringed, (iii) identification of the material on within the Altis Service that you claim is infringing and that you request us to remove, (iv) sufficient information to permit us to locate such material, (v) your address, telephone number, and e-mail address, (vi) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (vii) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Altis is:
Designated Agent: Eugene Dotsenko
Address of Agent: 1401 East Broward Blvd., Suite 103, Fort Lauderdale, FL 33301 33304
- Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site and/or as part of the Altis Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of five (5) calendar days following our dispatch of an e-mail notice to you (if applicable) or five (5) calendar days following our posting of notice of the changes on our Site and/or as part of the Altis Service. These changes will be effective immediately for new users of the Altis Service. Continued use of our the Altis Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- DISPUTE RESOLUTION. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY (“ARBITRATION AGREEMENT”). IT IS PART OF YOUR CONTRACT WITH US AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and us, and the Altis Affiliated Entities as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Governing Law. These Terms, including this Arbitration Agreement, are governed by the laws of the United States (including federal arbitration law) and the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 1401 East Broward Blvd., Suite 103, Fort Lauderdale, FL 33301. After the Notice is received, you and Altis may attempt to resolve the claim or dispute informally. If you and Altis do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Altis made to you prior to the initiation of arbitration, Altis will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or Altis pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Altis, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall 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 Altis
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Altis in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ALTIS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Altis.
- Small Claims Court. Notwithstanding the foregoing, either you or Altis may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. Nothing in this Arbitration Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Broward County, Florida, for such purpose
- Export. The Altis Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Altis, or any products utilizing such data, in violation of the United States export laws or regulations.
- Electronic Communications. The communications between you and Altis use electronic means, whether you use the Altis Service or send us emails, or whether Altis posts notices through the Altis Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Altis in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Altis provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- Entire Terms, Severability, Waiver and Remedies. These Terms constitute the entire agreement between you and us regarding the use of the Altis Service and include any and all other terms, agreements, policies, guidelines or procedures referenced herein that are posted to the Site, or otherwise made available through the Altis Service, from time to time. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Unless specifically authorized in writing, you shall not represent yourself as an agent or partner of Altis. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Altis’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Altis may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. Altis’ rights and remedies hereunder are cumulative and not exclusive.
- Force Majeure. Neither party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
- Copyright/Trademark Information. Copyright © 2022 Altis Movement Technologies, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed as part of the Altis Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Information, Complaints. If you have a question or complaint regarding the Altis Service, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to 1401 East Broward Blvd., Suite 103, Fort Lauderdale, FL 33301, or by calling us at 1-888-MY-ALTIS. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Altis in accordance with Section 11.9, above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Altis’ right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
- Contact Information:
Name: Eugene Dotsenko
Address: 1401 East Broward Blvd., Suite 103, Fort Lauderdale, FL 33301