LEGAL

Last updated: Auguest 15, 2014

The use of Alpine Science, Inc. (“Alpine Science”), and its affiliated websites is governed by the following legal notices and conditions. By using Alpine Science and its affiliated Websites, you agree to these conditions.

VIEW PRIVACY POLICY

ALPINE SCIENCE FORUMS TERMS OF USE

HYPERLINKS

Some of the links we make available to you through our website will redirect you to leave our website(s). We cannot guarantee that the hyperlinks set out on our website(s) will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control. We cannot and do not monitor the websites linked to our pages on the Internet. Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. We believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by Alpine Science or their sites or their content.

ELECTRONIC COMMUNICATIONS

Communications between you and Alpine Science may be done electronically. We may send you communications from us electronically, whether by e-mail, by posting notices on Alpine Science, or other electronic means. You agree that any such electronic communications are considered to be communications in writing. You should not send personal information such as addresses or credit card information by e-mail.

INTELLECTUAL PROPERTY

All content included on Alpine Science, including but not limited to text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of Alpine Science content, is the property of Alpine Science or its suppliers and protected by United States and international copyright laws.
Alpine Science graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Alpine Science in the United States and/or other countries. These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by Alpine Science, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit Alpine Science. There may be other trademarks not owned by Alpine Science appearing on Alpine Science. Those trademarks are the property of their respective owners, who may or may not be affiliated with Alpine Science.

If you believe that your work has been copied by Alpine Science, then please contact Alpine Science’s Legal Department at: Alpine Science, Attn: Legal Department, 330 A Street, San Diego, CA 92101, Legal@AlpineScience.com.

LICENSE AND SITE ACCESS

Alpine Science grants you a limited license to use its websites for personal use only. You may not copy or reproduce Alpine Science, or any portion of it, without Alpine Science’s express written consent. In addition, Alpine Science grants you a limited, revocable, and nonexclusive right to create a hyperlink to Alpine Science’s website, so long as the link does not portray Alpine Science in a misleading, derogatory, false, or otherwise offensive manner.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Alpine Science reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you are under 18, you may not use Alpine Science without the involvement of a parent or guardian over the age of 18.

SECURITY

The Internet, being an open network, is not secure. If you choose to send any electronic communications to Alpine Science by means of this website (whether by means of email or posted messages on Alpine Science), you recognize the inherent risk of such an open network. Alpine Science does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, Alpine Science makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security. Such personal information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post content on certain portions of Alpine Science’s websites, and submit other content or information to Alpine Science, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Alpine Science. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own e-mail address in submitting or posting such content. Alpine Science reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Posting content or submitting material shall grant Alpine Science the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant Alpine Science and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify Alpine Science for all claims resulting from content you supply. Alpine Science has the right but not the obligation to monitor and edit or remove any activity or content. Alpine Science takes no responsibility and assumes no liability for any content posted by you or any third party.

ALPINE SCIENCE TRAIL BLOGS CONTENT AND MATERIAL RIGHTS

When users post content on their Alpine Science Trail Blog, which resides on a specific URL of their choosing, they retain the intellectual property rights to the content they create and images they upload. They can export this content using the export functionality if they ever choose to move the content away from Alpine Science.

YOUR ALPINESCIENCE.COM TRAIL BLOGS ACCOUNT AND SITE

If you create a blog on the Alpine Science website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Alpine Science may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Alpine Science liability. You must immediately notify Alpine Science of any unauthorized uses of your blog, your account or any other breaches of security. Alpine Science will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

RESPONSIBILITY OF CONTRIBUTORS

If you operate a blog, comment on a blog, post material to Alpine Science, post links on Alpine Science, or otherwise make (or allow any third party to make) material available by means of Alpine Science (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Alpine Science or otherwise.

By submitting Content to Alpine Science for inclusion on your Trail Blogs Website, you grant Alpine Science a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Alpine Science will use reasonable efforts to remove it from Alpine Science, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Alpine Science has the right (though not the obligation) to, in Alpine Science’s sole discretion (i) refuse or remove any content that, in Alpine Science’s reasonable opinion, violates any Alpine Science policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Alpine Science to any individual or entity for any reason, in Alpine Science’s sole discretion. Alpine Science will have no obligation to provide a refund of any amounts previously paid.

PAYMENT AND RENEWAL

General Terms: Optional paid services such as extra storage, or domain purchases are available on Alpine Science (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Alpine Science the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Automatic Renewal: Unless you notify Alpine Science before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.

RESPONSIBILITY OF WEBSITE VISITORS

Alpine Science has not reviewed, and cannot review, all of the material, including computer software, posted to the Trail Blogs Websites, and cannot therefore be responsible for that material’s content, use or effects. By operating Alpine Science, Alpine Science does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Alpine Science may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Alpine Science may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Alpine Science disclaims any responsibility for any harm resulting from the use by visitors of Alpine Science, or from any downloading by those visitors of content there posted.

ADVERTISEMENTS

Alpine Science reserves the right to display advertisements per our descretion.

ATTRIBUTION

Alpine Science reserves the right to display attribution links such as ‘Powered by Alpine Science’, and font attribution in your blog footer or toolbar. Footer credits and the AlpineScience.com toolbar may not be altered or removed regardless of upgrades purchased.

TERMINATION

Alpine Science may terminate your access to all or any part of Alpine Science at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your AlpineScience.com account (if you have one), you may simply discontinue using Alpine Science. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

Alpine Science is provided “as is”. Alpine Science and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Alpine Science nor its suppliers and licensors, makes any warranty that Alpine Science will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, Alpine Science at your own discretion and risk.
Limitation of Liability. In no event will Alpine Science, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Alpine Science under this agreement during the twelve (12) month period prior to the cause of action. Alpine Science shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that (i) your use of Alpine Science will be in strict accordance with the Alpine Science Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of Alpine Science will not infringe or misappropriate the intellectual property rights of any third party.

COPYRIGHT POLICY

Alpine Science prohibits copyright infringement by users of its and its affiliates websites and will remove or disable access to any content that you submit that infringes any copyright, if we are properly notified or otherwise determine that the submission is or may be infringing. Without limiting any other rights that Alpine Science may have, Alpine Science reserves the right to remove or disable access to any allegedly infringing content without notice.

Any copyright owner or its authorized agent who believes that any content infringes such owner’s copyright may submit notification to Alpine Science pursuant to the Digital Millennium Copyright Act (“DMCA”), see 17 U.S.C. § 512. The notification must contain the following: (1) a physical or electronic signature of the copyright owner or its authorized agent, (2) an identification of the copyrighted work allegedly infringed, (3) identification of the content that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient for Alpine Science to locate the content, (4) contact information for the copyright owner or its authorized agent, including address, telephone number, and (if available) an email address, (5) a statement by the copyright owner or its authorized agent that he/she has a good faith belief that the content is not authorized by the copyright owner, its authorized agent, or the law, and (6) a statement that the information contained in the notification is accurate and, under penalty of perjury, that the person submitting the notification is authorized to act by the owner of the exclusive right allegedly infringed. If we receive a proper notification, we will remove or disable access to the content (or allegedly infringing portion thereof) as required by the DMCA “safe harbor” provision, 17 U.S.C. § 512(c).

If your submission or any portion of it is removed, or access to it is disabled, and you believe that you have authorization from the copyright owner or its designated agent to make a submission or believe that your submission is otherwise non-infringing, you may submit a DMCA counter-notice to Alpine Science. The counter-notice must contain the following: (1) your physical or electronic signature, (2) information sufficient to identify the content of the submission removed or to which access was disabled and the location where it was located, (3) a statement of your good faith belief that the content was removed, or access to it was disabled, in error, (4) your name, address, telephone number, and (if available) email address, (5) a statement that you consent to jurisdiction in the State of California, USA with respect to the dispute, and (6) a statement that you will accept service of process from the person who notified Alpine Science of the alleged infringement. If Alpine Science receives a proper counter-notice, Alpine Science will have the right to send a copy of it to the complaining party, and Alpine Science may restore or re-enable access to the submission if the complaining party does not file suit within fourteen (14) days. Alpine Science is not in a position, however, to adjudicate such disputes.

Alpine Science may terminate any user’s access to our website(s) without notice if, under appropriate circumstances, Alpine Science determines that the user is a repeat infringer.

DMCA notices and counter-notices should be submitted to Alpine Science’s designated agent for receiving such notices, which is Alpine Science’s Legal Department at: AlpineScience.com, Inc., Attn: Legal Department, 330 A Street, San Diego, CA 92101, Legal@AlpineScience.com

RISK OF LOSS, RETURNS, REFUNDS AND TITLE

All items purchased from Alpine Science are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Alpine Science does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Alpine Science does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.

PRICING AND PRODUCT DESCRIPTIONS

Alpine Science makes every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced. In the event of a pricing error, Alpine Science shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. Alpine Science does not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by Alpine Science is not as described, your sole remedy is to return it in unused condition.

PRESS RELEASES

All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Alpine Science’s knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALPINE SCIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALPINE SCIENCE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM ALPINE SCIENCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALPINE SCIENCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ALPINE SCIENCE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALPINE SCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

CLAIMS AGAINST ALPINE SCIENCE

If you have a claim against Alpine Science, you agree that it will be resolved by binding arbitration. This means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the California Arbitration Act. You also agree not to bring a class action suit against Alpine Science, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.

APPLICABLE LAW

The law of the State of California and federal law to the extent applicable governs the use of Alpine Science sites. Any claim which qualifies to be filed in a court of law will be heard exclusively in the California State Court, San Diego County, California.

ALPINE SCIENCE’S RIGHT TO AMEND AND REMOVE POLICIES

Alpine Science has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.

ALPINE SCIENCE ADDRESS

Alpine Science, Inc.
330 A Street
San Diego, CA 92101
Email: legal@alpinescience.com