Terms of Service

Last updated: February 6, 2025

Overview

Welcome to Alively. By accessing or using our website at alively.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site.

We reserve the right to update, change, or replace any part of these Terms by posting updates on our Site. It is your responsibility to check this page periodically for changes. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.

Use of Our Site

Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use our Site. By using our Site, you represent and warrant that you meet this age requirement.

Permitted Use

You may use our Site for lawful purposes only. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate Alively, an Alively employee, another user, or any other person or entity
  • In any way that infringes upon the rights of others, or that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Alively, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.

Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by Alively. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Alively shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.

User Submissions

If you submit comments, feedback, suggestions, or other communications to us (collectively, "Submissions"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions in any form, media, or technology.

You represent and warrant that you own or control all rights to your Submissions and that your Submissions do not violate these Terms or any applicable law.

Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site:

  • For any unlawful purpose or to solicit others to perform unlawful acts
  • To violate any international, federal, state, or local regulations, rules, laws, or ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others
  • To spam, phish, scrape, or spider any pages of the Site
  • To interfere with or circumvent the security features of the Site

Disclaimer of Warranties

The Site and all information, content, materials, and services provided on the Site are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied.

Alively disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected.

Limitation of Liability

To the fullest extent permitted by applicable law, Alively shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your access to or use of or inability to access or use the Site
  • Any conduct or content of any third party on the Site
  • Any content obtained from the Site
  • Unauthorized access, use, or alteration of your transmissions or content

Indemnification

You agree to defend, indemnify, and hold harmless Alively and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising from these Terms or your use of the Site will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and Alively regarding the use of the Site and supersede all prior and contemporaneous written or oral agreements.

Waiver

No waiver by Alively of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: info@alively.com