TERMS OF USE

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We welcome you to the Alpha Performance website and thank you for visiting. We ask that you review the following basic terms that govern the use of the website. By using Alpha Performance’s website you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the website following any such changes shall confirm your agreement to follow and be bound by the terms as modified.

Purchases from the website are governed by our Terms and Conditions of Sale.

CONTENT

All of the content on this website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned and controlled exclusively by Alpha Performance, Inc. and its parent, subsidiaries and affiliates (“Alpha Performance”).

The content of Alpha Performance’s website is intended for personal non-commercial (aside from purchases by you from our website) use by visitors to the website. You may download to a local hard disk and print extracts from this website for your personal use. However, you may not otherwise You may not copy, reproduce, publish, transmit, or otherwise use any website content without Alpha Performance’s prior written consent. This includes a prohibition on using Alpha Performance trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines.

Alpha Performance retains all intellectual property rights in the trade names, brand names, trade dress, text, descriptions and images depicted on this website. You should be aware that Alpha Performance will aggressively enforce all intellectual property rights in the content.

LINKING

Links may be established on Alpha Performance’s website to those owned by third parties. Any links on the website are provided solely for the use and convenience of the visitor and do not mean that we have any association with the linked website. Alpha Performance does not control any such third party websites and Alpha Performance is not responsible for the content of any website or any damages you may suffer from using such third party sites. We are not liable for any loss, damage, expense costs or liability whatsoever incurred by you as a result.

Linking to or framing of Alpha Performance’s website (or any part of it) is prohibited without Alpha Performance’s prior written consent.

REVISIONS

Alpha Performance may, from time to time, make revisions to its website, and reserves the right to do so with immediate effect and without recourse from any user. You should check these terms of use and our other policies posted on the website each time you visit – they may have changed since your last visit.

FEEDBACK

Any comments or feedback submitted by users of the website shall be and remain the property of Alpha Performance. Alpha Performance is under no obligation to pay for or respond to any such comments or feedback provided by users.

MATTER YOU MAY SUBMIT TO THE COMPANY

From time to time the Company may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company will become, upon your submission, the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that the Company has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third-parties.

The Company has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree to fully indemnify the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.

USE OF THE WEBSITE

You agree to use the website only for lawful purposes and in a manner that is consistent with these terms of use and applicable law.

You will not:

• interfere or attempt to interfere with the proper operation of the website, or take any action which is likely to cause the website to be interrupted or degraded; or
• attempt to gain unauthorised access to the computer system of Alpha Performance or that of any other user; or
• upload files that contain viruses, trojans, worms, logic bombs, corrupted files, or any other similar software or programs that may damage the operation of Alpha Performance’s computer or that of another.

DISCLAIMER

We do our best to ensure that the website operates properly at all times, but we make no warranties as to the availability or accessibility of the website. The website is provided on an ‘as is’ and ‘as available’ basis, without warranty of any kind, neither expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.

We also try to ensure that the information on the website is accurate at all times, however, we cannot warrant the accuracy of any information and we will not be held liable for any use or reliance you may make of or put on it.

You use Alpha Performance’s website at your own risk and you assume all responsibility. Alpha Performance will not be responsible for any damages you may suffer as a result of your use from this website.

Nothing in these terms of use operates so as to exclude, limit or restrict Alpha Performance’s liability for death, personal injury or fraud. Where you deal as a consumer, nothing in these terms of use affects your right under law.

PRIVACY

For information about how we use your personal information please refer to our Privacy Policy.

CONTROLLING LAW

The website is controlled and operated by Alpha Performance (Fi) . whose headquarters are at Helsinki, Finland. These terms of use shall be governed by and construed in accordance with Finnish law. The courts of Finland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the use of this website or its subject matter.