ALMALENCE™ Terms of Service

ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY ALMALENCE, INC., ("ALMALENCE")THROUGH THE WEBSITES, PRODUCTS LOCATED AT: WWW.ALMALENCE.COM , ANDOTHER WEBISETES OWNED AND MANAGED BY ALMALENCE (TOGETHER, THE "WEBSITES") AND APPLICATIONSS FOR VARIOUS MOBILE PLATFORMS ("APPLICATIONS") AND OTHER PRODUCTS ("PRODUCTS"). THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH ALMALENCE AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITES, PRODUCTS AND APPLICATIONS . ALMALENCE REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITES, PRODUCTS AND/OR APPLICAION ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. USING THE SERVICES PROVIDED THROUGH THE WEBSITES, PRODUCTS AND APPLICATIONS INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITES, PRODUCTS, SERVICES AND/OR APPLICATIONS.

THESE TERMS OF SERVICE INCLUDES ALMALENCE PRIVACY POLICY LOCATED AT http://www.almalence.com/doc/privacy-policy/ WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF SERVICE.

Content; Acceptance of Terms of Service

Almalence makes the Websites, Products, Applications and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Websites, Products, Applications and Services (collectively, the "Content") available for your use subject to the terms and conditions set forth in this document. By accessing and using the Websites, Products, Applications and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Websites, Products and/or Applications.

If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Websites, Products, Applications or Services. If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction conducted through the Websites, Products, Applications or Services, then you should NOT use the part of the Websites, Products, Applications or Services that contains such Content or through which such transactions are concluded. Also, when you use any current or future Almalence's Service, Applications or visit the Websites, Products or obtain any products or services, whether free of charge or for payment, provided by Almalence, you will be subject to the guidelines and conditions applicable to such products or services.

Almalence, from time to time, may make changes to these Terms of Services. Upon notice given by one or more of the following means: by email communication to the email address provided by you, or by written mail communication to the address on record. It is important that you provide us with accurate, complete and up-to-date information. By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. You will be given the opportunity to opt-out, provided that if you choose to opt-out all or part of the Service may no longer be available to you.

Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Websites, Products, Applications and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.

Almalence reserves the right to make changes or updates with respect to the Content or the format thereof at any time without notice. Almalence also reserves the right to terminate or restrict your access to the Websites, Products, Applications and Services or any portion thereof for any reason whatsoever at its sole discretion.

Services

We develop innovative digital imaging technologies, applied for a wide range of optical systems from high-end DSLR cameras to mobile phones. We are a team of world-class professionals who are devoted to driving digital imaging to a new level and provide users with exceptional imaging features.

Your Information

You may be asked to provide Almalence with certain personal information, including but not limited to your name, e-mail address, and mailing addresses. This information will be held and used in accordance with Almalence's Privacy Policy at: http://www.almalence.com/doc/privacy-policy/. You agree that you will supply accurate and complete information to Almalence, and that you will update such information as needed.

User Obligations

You agree to use the Websites, Products, Applications and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. ALMALENCE IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITES, PRODUCTS, APPLICATIONS AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS . Specifically, you agree and warrant that in using the Websites, Products, Applications and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Almalence is located or operates.

Use of the Websites, Products , Applications and Services

You agree not to access (or attempt to access) the Services by any means other than those provided by Almalence or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Websites, Products, Applications or Services (or the servers and networks which are connected to the Websites, Products, Applications or Services).

Further, you agree:

  • not to disrupt or interfere with any other user's enjoyment of the Websites, Products, Applications or Services or affiliated or linked sites;
  • not to upload, post, or otherwise transmit through the Websites, Products, Applications or Services any viruses or other harmful, disruptive, or destructive files;
  • not to access or attempt to access any Content, which you are not authorized to access under the terms herein; and

· not to disrupt or interfere with the security of, or otherwise cause harm to the Websites, Products, Applications Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Websites, Products, Applications or Services or any affiliated or linked sites.

Additional Terms for Applications: If you download the Almalence Applications from any Applications store or distribution platform (like the Apple App Store or Google Play) where the Applications is made available (each, an "Applications Provider"), then you acknowledge and agree that:

  • These Terms of Use are concluded between you and Almalence, and not with the Applications Provider, and that Almalence (not the Applications Provider), is solely responsible for the Applications.
  • The Applications Provider has no obligation to furnish any maintenance and support services with respect to the Applications.
  • In the event of any failure of the Applications to conform to any applicable warranty, you may notify the Applications Provider, and the Applications Provider may, at Applications Provider's own discretion, may refund the purchase price for the Applications to you (if applicable) and to the maximum extent permitted by applicable law or Applications Provider's internal policies, the Applications Provider will have no other warranty obligation whatsoever with respect to the Applications. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Almalence.
  • The Applications Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Applications or your possession and use of the Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Applications fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Applications or your possession and use of that Applications infringes that third party's intellectual property rights, Almalence will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  • The Applications Provider and its subsidiaries are third party beneficiaries of these Terms of Use as related to your license of the Applications, and that, upon your acceptance of the terms and conditions of these Terms of Use, the Applications Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Applications against you as a third party beneficiary thereof.
  • You must also comply with all applicable third party terms of service when using the Applications.
  • You agree to comply with all applicable laws and regulations.

Information and Materials Provided By You

All materials, documents, communications, or information submitted to, sent through, or stored on the Websites, Products, Applications and Services by you ("User Submission") will be subject to these Terms of Service and Privacy Policy ( http://almalence.com/doc/privacy-policy ). The security of such information is very important to us, but Almalence takes no responsibility and assumes no liability for any User Submissions posted by you or any third party. We may not monitor or control the User Submissions posted via the Services and, we do not take responsibility for such User Submissions. Any use or reliance on any User Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Websites, Products, Applications or Service. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALMALENCE IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON ALMALENCE.

When you provide User Submission via our Services, you hereby grant to Almalence a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully sublicensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative works of, and otherwise use your User Submission in connection with our Services. We will not pay you or otherwise compensate you for any User Submission you provide to Almalence.

You can remove User Submission that you posted by specifically deleting it. In certain instances, however, some User Submission (such as posts or comments you make) may not be completely removed on the Service and copies of your User Submission may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Submission on the Service.

Terms and Termination.

The term of these Terms of Service ( "Terms") shall begin when you start using the Websites, Products, Applications or Services and shall continue in perpetuity unless otherwise terminated by Almalence or you by written notice. Almalence reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using the Websites, Products, Applications and the Services including without limitation any use of Almalence' trademarks, trade names, copyrights and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE ALMALENCE WEBSITES, PRODUCTS, APPLICATIONS OR SERVICES IN ANY WAY.

Links to Other Sites; Third Party Materials and Transactions

The Websites, Products, Applications and Services may include links to other Websites, Products and/or third party products or materials and that are not under Almalence's control (collectively, "Third Party Materials"). Almalence shall not be responsible in any way for such Third Party Materials. Almalence provides such links only for the convenience of the users of the Websites, Products, Applications and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Almalence of the content, products and/ or services of such Third Party Materials.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Websites, Products, Applications, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with Almalence and/or its licensors. Unless otherwise specifically provided herein or authorized by Almalence in writing, all rights in the Websites, Products, Services, and Content not expressly granted herein are reserved. Unless otherwise explicitly provided in the applicable licenses (e.g. End User License Agreements for the Products), you agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Websites, Products, Applications or Services, other than in conjunction with the Services offered by Almalence through the Websites, Products and/or Applications.

Almalence hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Websites, Products and/or Applications are the properties of their respective owners. Almalence disclaims any proprietary interests in the intellectual property rights other than their own.

Warranties and Disclaimers

ALL CONTENT AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ALMALENCE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITES, PRODUCTS, APPLICATIONS, SERVICES OR THE CONTENT. ALMALENCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE APPLICATIONS, WEBSITES, PRODUCTS, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. ALMALENCE DOES NOT WARRANT THAT THE APPLICATIONS, WEBSITES, PRODUCTS, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS APPLICATIONS OR WEBSITES, PRODUCTS AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY ALMALENCE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Almalence in writing, contractors, agents, dealers or distributors of Almalence or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE WEBSITES, PRODUCTS, APPLICATIONS OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITES, PRODUCTS OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ALMALENCE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITES, PRODUCTS, APPLICATIONS OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITES, PRODUCTS AND/OR APPLICATIONS. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALMALENCE OR FROM THE WEBSITES, PRODUCTS AND/OR APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

You understand and agree that by using the Websites, Products, Applications and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Websites, Products, Applications and Services at your own risk.

IN NO EVENT SHALL ALMALENCE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITES, PRODUCTS, APPLICATIONS OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITES, PRODUCTS, APPLICATIONS OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITES, PRODUCTS AND/OR APPLICATIONS THAT ARE DELAYED OR INTERRUPTED, EVEN IF ALMALENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST ALMALENCE PERTAINING TO OR IN CONNECTION WITH THE WEBSITES, PRODUCTS, APPLICATIONS AND SERVICES MUST BE COMMENCED AND NOTIFIED TO ALMALENCE IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Almalence will have no obligation to any end-user to the extent any claim is based upon results from: (i) end-user's use of any version of the Applications and/or Services not made available directly through Almalence or an authorized Almalence's reseller; (ii) the failure of user to use an update of the Applications or Services; (iii) a modification of the Almalence's software; (iv) the combination, operation, or use of the Applications or Almalence's software with any other products, services or equipment not provided by Almalence or its affiliates; (v) any intellectual property right owned or licensed by user or (vi) any third party Open Source software.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO ALMALENCE IN CONNECTION WITH THE WEBSITES, PRODUCTS, APPLICATIONS AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ALMALENCE; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITES, PRODUCTS AND/OR SERVICES AND THAT IS NOT PROVIDED BY ALMALENCE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Feedback

You may from time to time provide suggestions, comments or other feedback to Almalence with respect to any product, material, software or information provided by Almalence (hereinafter "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Almalence. Almalence will not disclose the source of any feedback without notice to the providing party. However, Almalence shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to Almalence' Privacy Policy posted on this Websites, Products or Applications. You may provide Feedback to Almalence via the Feedback section within the Almalence Applications.

Notice and Procedure for Making Claims of Copyright Infringement

It is Almalence policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Almalence Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying Almalence and its affiliates that your copyrighted material has been infringed.)

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Websites, Products, Applications or Service;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Almalence Copyright Agent for notice of claims of copyright infringement on the Websites, Products, Applications and/or Service can be reached as follows:

Name: Eugene Panich

E-mail: info@almalence.com

Unlawful or Prohibited Use

You may not use the Websites, Products, Applications or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Websites, Products, Applications or Services. You may not use the Websites, Products, Applications or Services in any manner that could damage, disable, overburden, or impair the Websites, Products, Applications or Services, or that interferes with any third party's use and enjoyment of the Websites, Products, Applications or Services. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Websites, Products, Applications or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Almalence to all users of the Websites, Products, Applications or Services. You shall not institute, assist, or become involved in an attack upon any Almalence server or otherwise attempt to disrupt the Almalence servers. ANY ATTEMPT BY YOU TO DAMAGE ALMALENCE'S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF ALMALENCE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, ALMALENCE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless Almalence, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.

Privacy

Almalence respects your privacy and the use and protection of your personal information. Users may not collect personal data from the Websites, Products, Applications or Service, any non-compliance with this or any other provision of these Terms of Services may result in the termination of the user's Account. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of this Websites, Products, Applications and/or Service.

Ending Your Relationship with Almalence

These Terms of Service will continue to apply until terminated by either you or Almalence or as otherwise provided by the applicable agreement between you and Almalence. Almalence reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to Almalence whatsoever.

Assignment

Almalence may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without Almalence's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Service Access

If the Websites, Products, Applications and/or Services are not available for any period or any time, Almalence shall not be liable. Almalence gives no warranties as to the accessibility, performance, or availability of the Websites, Products, Applications or Services. Temporary suspension of access to the Websites, Products, Applications and/or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Almalence reserves the right to suspend the operation of the Websites, Products, Applications or Services. You agree that neither Almalence nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the Services and products on the Websites, Products and/or Applications.

Force Majeure

Almalence will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Almalence.

Agreement to Deal Electronically

All transactions with or through the Websites, Products, Applications or Services may, at Almalence's option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Websites, Products, Applications or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Injunctive Relief

You acknowledge and agree that any violation or breach of these Terms of Service may cause Almalence immediate and irreparable harm and damages. As a result, Almalence has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Almalence in law or in equity, Almalence may seek specific performance of any term in these Terms of Service.

Severability

These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

Governing Law

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Texas without reference to conflicts of law rules and principles. You agree that these Terms of Service are to be performed in the State of Texas and that any action, dispute, controversy, or claim that may be instituted based on these Terms of Service, or arising out of or related to these Terms of Service or any alleged breach thereof, shall be prosecuted exclusively in the courts of the State of Texas and you, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that Almalence, as claimant, shall be entitled to initiate proceedings in any court of competent jurisdiction.

Any proceedings to resolve or litigate any dispute in any forum in connection with these Terms of Service shall be conducted solely on an individual basis. Neither you nor Almalence shall seek to have any dispute or controversy in connection with these Terms of Service heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Parties further agree that no proceeding shall be combined with another proceeding without the prior written consent of the other party.

No action, regardless of form, arising out of the transactions under these Terms of Service, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

Almalence does not bear any responsibility nor assumes any risks if by any reason a product or a service made available through the Websites, Products breaches national law of any country. Those who access the Websites, Products or Services do so at their own initiative and are responsible for compliance with their national laws.

Questions may be submitted at: info@almalence.com. Please also read our Privacy Policy at http://almalence.com/doc/privacy-policy/

Copyright © 2017 Almalence, Inc. All rights reserved. The Websites, Products and Services and accompanying products and documentation are the copyrighted property of Almalence, Inc. and protected by copyright laws and international intellectual property treaties. Almalence and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Almalence, Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of Almalence, Inc.'s or third party trademarks or logos without the prior written consent of Almalence, Inc. or the applicable trademark owner is strictly prohibited.