Hello, and welcome to the Alpha Portal Terms and Conditions of Use ("Terms"). The Terms you see below are important because they:
Thanks for choosing Alpha Portal ("Alpha Portal", "we," "us," "our"). Alpha Portal provides personalized services with social and interactive features for your organization as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Alpha Portal services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the "Alpha Portal App" or "App"), or accessing any content or material that is made available through the Service (the "Content") you are entering into a binding contract with Alpha Portal.
In order to use the Alpha Portal Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States. You also promise that any registration information that you submit to Alpha Portal is true, accurate, and complete, and you agree to keep it that way at all times.
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
You may purchase a Subscription directly from Alpha Portal or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Alpha Portal Service for a specific time period ("Pre-Paid Period").
Alpha Portal may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Alpha Portal Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Alpha Portal or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through Alpha Portal, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription periods.
If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.
The Alpha Portal Service and the Content are the property of Alpha Portal or Alpha Portal's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Alpha Portal Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you, your organization, or Alpha Portal. You promise and agree that you are using the Alpha Portal Service and Content exclusively for your organization, and that you will not redistribute or transfer the Alpha Portal Service or the Content.
The Alpha Portal software applications and the Content are not sold or transferred to you, and Alpha Portal and its licensors retain ownership of all copies of the Alpha Portal software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices").
All Alpha Portal trademarks, service marks, trade names, logos, domain names, and any other features of the Alpha Portal brand ("Alpha Portal Brand Features") are the sole property of Alpha Portal or its licensors. The Agreements do not grant you any rights to use any Alpha Portal Brand Features whether for commercial or non-commercial use.
You agree not to use the Alpha Portal Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Alpha Portal grants no right, title, or interest to you in the Alpha Portal Service or Content.
The Alpha Portal Service is integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") and third party Devices to make the Alpha Portal Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Alpha Portal does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Alpha Portal warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
Alpha Portal users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, and/or other types of content) ("User Content"). For the avoidance of doubt, "User Content" includes any such content posted any part of the Alpha Portal Service.
You promise that, with respect to any User Content you post on Alpha Portal, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Alpha Portal as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Alpha Portal or any entity or individual without express written consent from Alpha Portal or such individual or entity.
Alpha Portal may, but has no obligation to, monitor, review, or edit User Content. In all cases, Alpha Portal reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Alpha Portal’s sole discretion, violates the Agreements. Alpha Portal may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Alpha Portal is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST ALPHA PORTAL RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD ALPHA PORTAL HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Alpha Portal Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, and (2) to provide information to you. In any part of the Alpha Portal Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Alpha Portal’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Alpha Portal may contain third-party assets as part of the Content. The Alpha Portal Service makes such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Alpha Portal in connection with the Alpha Portal Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Alpha Portal to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
Alpha Portal respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Alpha Portal stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Alpha Portal Service or the Content, or otherwise making any use of the Alpha Portal Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Alpha Portal Service or the Content or any part of it;
- using the Alpha Portal Service to import or copy any local files that you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Alpha Portal Service, Content or any part thereof except to the extent permitted by applicable law;
- circumventing any technology used by Alpha Portal, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Alpha Portal Service or the Content;
- circumventing any territorial restrictions applied by Alpha Portal or it licensors;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- "crawling" the Alpha Portal Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from Alpha Portal or the Alpha Portal Service;
- selling a user account, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account; or
- artificially promoting Content by automated means or otherwise.
Please respect Alpha Portal, the owners of the Content, and other users of the Alpha Portal Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Alpha Portal or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Alpha Portal;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Alpha Portal;
- interferes with or in any way disrupts the Alpha Portal Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Alpha Portal’s computer systems, network, usage rules, or any of Alpha Portal’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Alpha Portal.
You acknowledge and agree that posting any User Content that violates these User guidelines (or that Alpha Portal reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Alpha Portal account. You also agree that Alpha Portal may reclaim your username for any reason.
Please be thoughtful about how you use the Alpha Portal Service and what you share. The Alpha Portal Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Alpha Portal or across the web, so please use Alpha Portal carefully and be mindful of your account settings. Alpha Portal has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Alpha Portal respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, contact us. If Alpha Portal is notified by a copyright holder, using the forms provided by Alpha Portal, that any Content infringes a copyright, Alpha Portal may in its sole discretion remove such Content from the Service, or take other steps that Alpha Portal deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Alpha Portal with a request to restore the removed content, which Alpha Portal may or may not honor, in Alpha Portal’s sole discretion.
If you believe that any Content does not comply with the User Guidelines, please fill out our contact form.
Alpha Portal will make reasonable efforts to keep the Alpha Portal Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Alpha Portal reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Alpha Portal Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Alpha Portal Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to Alpha Portal for Paid Subscriptions that Alpha Portal permanently discontinues prior to the end of the Pre-Paid Period, Alpha Portal will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Alpha Portal will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Alpha Portal and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our Customer Service department using the contact form. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
YOU UNDERSTAND AND AGREE THAT THE ALPHA PORTAL SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. ALPHA PORTAL AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER ALPHA PORTAL NOR ANY OWNER OF CONTENT WARRANTS THAT THE ALPHA PORTAL SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, ALPHA PORTAL MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE ALPHA PORTAL SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND ALPHA PORTAL IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ALPHA PORTAL SHALL CREATE ANY WARRANTY ON BEHALF OF ALPHA PORTAL. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ALPHA PORTAL SERVICE IS TO STOP USING THE ALPHA PORTAL SERVICE. YOU AGREE THAT ALPHA PORTAL HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE ALPHA PORTAL SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO ALPHA PORTAL, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL ALPHA PORTAL, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ALPHA PORTAL SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER ALPHA PORTAL HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ALPHA PORTAL SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT.
YOU AGREE THAT ANY CLAIM AGAINST ALPHA PORTAL MUST BE COMMENCED BY CONTACTING US WITHIN ONE (1) MONTH AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Other than as stated in this section or as explicitly agreed upon in writing between you and Alpha Portal, the Agreements constitute all the terms and conditions agreed upon between you and Alpha Portal and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the Alpha Portal Service may be governed by additional agreements. That could include, for example, access to the Alpha Portal Service as a result of anothe organization, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms may be listed on Alpha Portal’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Alpha Portal or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Alpha Portal’s or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."
Alpha Portal may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Alpha Portal may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold Alpha Portal harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Alpha Portal Service; and (4) your violation of any law or the rights of a third party.
If you have any questions concerning the Alpha Portal Service or the Agreements, please contact Alpha Portal Customer Service by visiting the Contact Us section of our website.
These terms were last updated on June 27, 2020.