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AllAlex, Inc Software Legal Terms Copyrights Generally The copyrights in
all content on this site, software, images, and related works belongs to
AllAlex, Inc unless noted otherwise. All rights are reserved AllAlex, Inc
software, and all trademarked products are registered trademarks of AllAlex,
In. They may not be used to identify goods without the express written
permission of AllAlex, Inc. All uses of product listed below must be clearly
identified products are trademarks of AllAlex, Inc. Trademarked Product
Names include:
This EULA limits our
liability and is governed by an arbitration agreement and venue agreement.
Please read below as these terms affect your rights. 1.
The
copyrights in this software and any visual or audio work distributed with the
software belong to AllAlex, Inc. All rights are reserved. Installation of
this software and any software bundled with or installed-on-demand from this
software, including shortcuts and start menu folders, is licensed only in
accordance with these terms. These copyrights do not apply to any creative
work made by you, the user. 2.
By
installing, using, or distributing the software you, on your own behalf and
on behalf of your employer or principal, agree to these terms. If you do not
agree to any of these terms, you may not use, copy, transmit, distribute, or
install this software. 3.
This
software, and all accompanying files, data and materials, are distributed
"as is" and with no warranties of any kind, whether express or
implied except as required by law. If you intend to rely on this software for
critical purposes, you must test it fully prior to using it, install
redundant systems and assume any risk. 4.
We will
not be liable for any loss arising out of the use of this software including,
but not limited to, any special, incidental, or consequential loss. Your
entire remedy against us for all claims is limited to uninstalling this
software. 5.
You may
not use this software in any circumstances where there is any risk that
failure of this software might result in a physical injury or loss of life.
You may not use this software if you do not regularly backup your computer,
or do not have antivirus and security system software installed on the
computer, or keep sensitive data unencrypted on your computer. You agree to
indemnify us from any claims relating to such use. 6.
You may
copy or distribute the installation file of this software in its complete
unaltered form. 7.
Use of
data collected by the software is subject to the AllAlex, Inc Privacy
Statement which allows automatic anonymized collection of usage statistics in
limited circumstances. 8.
Choice
of Law. Your relationship is with AllAlex, Inc, a United States company, and
this agreement is governed by the laws and courts of California. 9.
U.S.
Customers Only: Arbitration Agreement and Class Action Waiver: PLEASE READ
THIS CAREFULLY. IT MAY AFFECT YOUR RIGHTS. If you reside in the United States,
AllAlex, Inc and you agree to arbitrate all disputes and claims between us.
This arbitration agreement does not preclude you from bringing issues to the
attention of U.S. federal, state, or local agencies. Such agencies can, if
the law allows, seek relief against us on your behalf. This Agreement
evidences a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement of this provision.
This arbitration provision shall survive termination of this Agreement. A party who intends to seek arbitration
must first send to the other, by certified mail, a written Notice of Dispute
("Notice"). The Notice to AllAlex, Inc should be addressed to: AllAlex, Inc ("Notice Address"). The Notice
must (a) describe the nature and basis of the claim or dispute; and (b) set
forth the specific relief sought ("Demand"). If AllAlex, Inc and
you do not reach an agreement to resolve the claim within 30 days after the
Notice is received, you or AllAlex, Inc may commence an arbitration
proceeding. The amount of any settlement offer made by AllAlex, Inc or you
shall not be disclosed to the arbitrator. A.
The
arbitration will be governed by the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively,
"AAA Rules") of the American Arbitration Association
("AAA"), as modified by this Agreement, and will be administered by
the AAA. The AAA Rules are available online at adr.org, by calling the AAA at
1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound
by the terms of this Agreement. All issues are for the arbitrator to decide,
including issues relating to the scope and enforceability of the arbitration
provision. Unless AllAlex, Inc and you agree otherwise, any arbitration
hearings will take place in Mission Viejo, CA. If your claim is for $10,000
or less, we agree that you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator,
through a telephonic hearing, or by an in-person hearing as established by
the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be
determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written
decision. AllAlex, Inc will pay all AAA filing, administration, and
arbitrator fees for any arbitration initiated in accordance with the notice
requirements above. If, however, the arbitrator finds that either the
substance of your claim or the relief sought in the Demand is frivolous or
brought for an improper purpose then the AAA Rules will govern the payment of
all such fees. In such case, you agree to reimburse AllAlex, Inc, for all
monies previously disbursed by it that are otherwise your obligation to pay
under the AAA Rules. In addition, if you initiate an arbitration in which you
seek more than $10,000 in damages, the payment of these fees will be governed
by the AAA rules. B.
The
arbitrator may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide
relief warranted by that party's individual claim. YOU AND AllAlex, Inc AGREE
THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and AllAlex, Inc agree
otherwise, the arbitrator may not consolidate more than one person's claims
and may not otherwise preside over any form of a representative or class
proceeding. If this specific provision is found to be unenforceable, then the
entirety of this arbitration provision shall be invalid. C.
Notwithstanding
any provision in this Agreement to the contrary, we agree that if AllAlex,
Inc makes any future change to this arbitration provision (other than a
change to the Notice Address) you may reject any such change by sending us
written notice within 30 days of the change to the Arbitration Notice Address
provided above. By rejecting any future change, you agree that you will
arbitrate any dispute between us in accordance with the language of this
provision. D.
To opt
out of this Arbitration Agreement and class action waiver send an Opt-Out
notice to the Notice Address stating "I am electing to opt out of the
Arbitration Agreement and class action waiver contained in the Legal Terms
applicable to my purchase of an AllAlex, Inc product." Your Opt-Out
Notice must include the date and proof of purchase. The Opt-Out Notice must
be postmarked no later than thirty (30) days after the date of purchase. A
separate Opt-Out Notice must be sent for each product downloaded. Unless we publish a
notice, all products listed under wmrecorder.com website are free of charge
and for unlimited use. Unless AllAlex, Inc
publish a notice, AllAlex, Inc provides limited technical support for all of
its products. If you need support, we will do our best to resolve the
problem. The support is provided with no obligations based on our decisions
only. AllAlex, Inc takes
your privacy seriously. We will not ask and/or disclose any names, addresses,
email, IP or any other information given to us. This site is
operated by AllAlex, Inc and all references to "AllAlex" or “Alex
Urich” refer to AllAlex, Inc. All programs are developed and published by
AllAlex, Inc. Any legal service
must be mailed by registered mail to: AllAlex, Inc |