Terms of service
Table of Contents
- Acceptance of Terms
- User Registration
- Right to Access and Use
- Trademarks
- Privacy Policy
- User Content
- Rights in User Content
- Feedback
- Third-Party Sites
- Indemnification
- General Disclaimers
- Limitation of Liability
- Order Process
- Arbitration
- Class Action Waiver
- Termination
- Governing Law
- Notice
- Severability
- Copyright Infringement
- Miscellaneous
1. Acceptance of Terms
These Website Terms of Use (these "Terms") govern your access to websites and related services operated by or on behalf of Alpine ("Alpine," "we," or "us"). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 14 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By accessing or using alpinenu.com and our various related websites and services (collectively, the "Alpine Services"), you agree to be bound by these Terms and all of the Terms incorporated herein by reference.
You must be 18 years of age or older and reside in the United States or any of its territories to use the Alpine Services. By accepting these Terms, you represent that you have the legal authority to do so. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Alpine Services.
We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means. By continuing to access, browse, or use the Alpine Services, you agree to any revised Terms.
2. User Registration
In order to access and use certain areas or features of the Alpine Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.
You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Alpine Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Alpine Services.
Alpine has an SMS Messaging Program ("SMS Program") for promotional marketing to customers who sign up to it. Message frequency of this SMS Program varies and message and data rates may apply. At any time after signing up to the SMS Program a user or customer can reply STOP to any message to opt out.
3. Right to Access and Use the Alpine Services and Content
Unless otherwise indicated in writing by us, the Alpine Services and all content and other materials contained therein, including, without limitation, any Alpine service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, "Content") are the property of Alpine or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Alpine Services and Content. All rights not expressly granted herein are reserved.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Alpine Services or Content; (b) distribute, publicly perform or publicly display the Alpine Services or any Content; (c) modify or otherwise make any derivative uses of the Alpine Services or Content; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use the Alpine Services or Content other than for their intended purposes.
4. Trademarks
The Alpine logo, and any other Alpine product or service names, trademarks, logos, or other indicia that may appear on the Alpine Services ("Marks") are the property of Alpine or its subsidiaries, affiliates, or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
5. Legal Requirements; Privacy Policy
Our Privacy Policy describes how we handle the personal information you provide to us when you use the Alpine Services. For an explanation of our privacy practices, please visit our Privacy Policy.
6. User Content
You are solely responsible and liable for all data, information and other materials ("User Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") in connection with the Alpine Services.
IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Alpine Services at any time and for any reason.
7. Rights in User Content
We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Alpine Services, you hereby grant Alpine a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content in any manner or media and for any purpose whatsoever at our sole discretion.
8. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials, or other information about Alpine or the Alpine Services (collectively, "Feedback"). Feedback shall become the sole property of Alpine. Alpine shall own exclusive rights, including all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Third-Party Sites
We have not reviewed all of the websites linked to the Alpine Services and are not responsible for the content of any third-party pages or any products or services offered by third parties. Nothing in the Alpine Services should be construed as an endorsement by Alpine of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk.
10. Indemnification
You shall indemnify, hold harmless, and, at Alpine's option, defend Alpine and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) incurred by Alpine resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Alpine Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you.
11. General Disclaimers
Alpine offers dietary supplements that are not intended to diagnose, treat, cure, or prevent any disease. Nothing on the Alpine Services constitutes medical advice, diagnosis, or treatment. Statements made on the Alpine Services have not been evaluated by the Food and Drug Administration. You should consult with a qualified healthcare professional before using any dietary supplement.
THE ALPINE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALPINE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS.
12. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALPINE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE ALPINE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ALPINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ALPINE ARISING OUT OF OR IN ANY WAY RELATED TO THE ALPINE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
13. Order Process
You will have the chance to review and confirm your order, including delivery address and payment method. After placing your order, you'll receive an email confirmation from Alpine. We will arrange for shipment of the products, and you will be responsible for all shipping and handling charges as specified during the checkout process. Ownership and risk of loss transfer to you when the shipping carrier receives the products from Alpine.
14. Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ALPINE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND ALPINE AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE ALPINE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury). In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms.
You and Alpine agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Alpine are each waiving the right to a trial by jury and/or to participate in a class action.
15. Class Action Waiver
REGARDLESS OF THE FORUM, YOU AND ALPINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Alpine Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
17. Governing Law and Jurisdiction
Alpine operates the Alpine Services from Texas, U.S.A. These Terms and the transactions they contemplate shall be governed by the laws of the State of Texas, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions.
18. Notice
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Alpine at: support@alpinenu.com. Any notices to you may be made via either e-mail or postal mail to the address in Alpine's records or via posting on the Alpine Services.
19. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
20. Procedure for Making Claims of Copyright Infringement
If you believe in good faith that any of the content on the Alpine Services infringes your copyright, please contact our copyright agent at:
Alpine Nutrition LLC
Email: support@alpinenu.com
21. Miscellaneous
The Alpine Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
These Terms constitute the entire agreement between you and Alpine relating to your access to and use of the Alpine Services. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without the prior written consent of Alpine.