Terms and conditions
These Terms and Conditions constitute a binding and enforceable legal contract between AlphaBEAR and/or its affiliates ("AlphaBEAR") and you, an end user of service ("you" or "user") in relation to the Services on the AlphaBEAR App ("AlphaBEAR" or "App"). You and the AlphaBEAR are referred to separately as "Party" and collectively as "Parties".
By accessing, registering, using, or clicking on the Services, and information made available by AlphaBEAR via the App, you hereby accept and agree to all the Terms set forth herein.
We strongly recommend you to regularly update all documents and information provided by AlphaBEAR, which are published in Whitepaper and our website for the purpose of fully understanding the App and our Services.
We retain the right to edit or modify these Terms, the App, or any content on the App or website at any time, for a variety of reasons, including for security, legal, or regulatory reasons, as well as to reflect upgrades or changes to the App's services or operation. It is recommended that you review these Terms on a regular basis to ensure that you are aware of and comply with the most recent versions. These modifications bind users of the App and Services, and they will take effect immediately when the new versions of these Terms are published on the App or in the appropriate mobile application. By continuing to use or engage with the App, the Services, tools, and information made accessible on the App, you agree to the following terms.
2. DEFINITIONS AND INTERPRETATIONS
AML/CFT refers to Anti-money Laundering/ Combating the Financing of Terrorism.
Client means a third party, who, as a client of the AlphaBEAR, offers services through the AlphaBEAR or to AlphaBEAR users
Confidential Information refers to any non-public, proprietary information or documents of or related to the User or the Company (whether in writing, orally or by any other means) by or on behalf of the User to the Company and which if disclose in tangible or intangible form is marked confidential (including in visual, oral, or electronic form) relating to Us or any other User that was previously a User, which is provided or disclosed through the Company (or to any employees or agents) in connection with the use or participate in the services.
Digital Asset means any cryptographic asset, digital asset or virtual currency including but not limited to the NFT(s) and tokens.
BEAR means the governance token of AlphaBEAR.
AlphaBEAR Affiliates means with respect to any person, any other person directly or indirectly controlling, controlled by or under common control with AlphaBEAR
Prohibited Jurisdictions "Prohibited Jurisdictions" specifically refer to the United States of America (including its territories, and dependencies, and any state of the United States), Albania, Barbados, Botswana, Burkina Faso, Cambodia, Democratic People's Republic of Korea, Haiti, Iran, Jamaica, Morocco, Myanmar (Burma), Nicaragua, Pakistan, Panama, Philippines, Senegal, South Sudan, Syria, Thailand, Uganda, and Yemen, Zimbabwe.
3. YOUR ACCOUNT
3.1 Your Account is subject to the following conditions:
(A) Access: You understand and agree that access to your Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Account to any person without our prior written permission.
(B) Security: You understand and agree that you are solely responsible for maintaining the security of your Account and control over any User names, passwords, or any other codes that you use to access the Services or the App. Any unauthorized access to your Account by third parties could result in the loss or theft of NFTs and/or funds held in your Account and any associated accounts, including your linked cryptocurrency wallet(s), bank account(s) and credit card(s). You understand and agree that you will not hold us responsible for managing and maintaining the security of your Account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your Account. You are responsible for monitoring your Account. If you notice any unauthorized or suspicious activity in your Account, please notify us immediately.
(C) Fees: In order to use Services on the App, you agree to pay all applicable fees and you authorize AlphaBEAR to automatically deduct fees directly from your payment. You will always be provided with a breakdown of fees prior to your purchase or sale of an NFT. You are responsible for the payment of all fees due to AlphaBEAR for each transaction associated with your Account.
(D) Communication: You agree and understand that we will communicate with you via electronic means. To ensure that you receive all of our communications, you agree to keep your email address and telephone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record are considered valid.
3.2 AlphaBEAR may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, AlphaBEAR, in its sole discretion, may disable your Account and block your ability to access the Service(s) until such additional information and documents are processed by AlphaBEAR. If you do not provide complete and accurate information in response to such a request, AlphaBEAR may refuse to restore your access to the Service(s).
3.3 Your access and use of the App may be interrupted or blocked for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the App, law enforcement, legitimate request from another User or a third party, or other actions that AlphaBEAR, at its sole discretion, may elect to take.
4. PROHIBITED USE
User shall not, directly or indirectly:
4.1 access and/or use the App:
4.1.1 in violation of any law, rule, or regulation of any jurisdiction that is applicable to User; and/or
4.1.2 in violation or breach of these Terms and/or any other document from time to time governing User access and/or use of the App;
4.2 allow others to use User's wallet or a blockchain address User controls to access the App or to engage in transactions on the App for anyone other than the wallet owner;
4.3 disrupt, interfere with, or otherwise negatively affect the normal flow or function of the App, or otherwise act in a way that may negatively affect other users' experiences when using the App, and User shall not take advantage of software vulnerabilities or engage in any other act that intentionally abuses or exploits the App's design and functions;
4.4 engage in, or knowingly facilitate, any fraudulent, deceptive, or manipulative transaction activity in any Digital Asset or Fiat using the App.
5. RESTRICTIONS ON ACCOUNTS
5.1 You agree that AlphaBEAR has the right to immediately suspend your account, pause or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that (1) your account is being used for money laundering or any illegal activity; (2) you have concealed or provided false identification information or other details; (3) you have engaged in intellectual property infringement or fraudulent activity; (4) you have acquired NFT(s) or tokens using inappropriate methods (including but not limited to using stolen funds or payments methods, or attempting to chargeback your payment while retaining or disposing of an NFT or token); (5) you are using, employing, or operating bots or other forms of automation and/or multiple accounts to engage in any activity on AlphaBEAR; or (6) you have otherwise acted in violation of these Terms.
5.2 IF AlphaBEAR HAS A REASONABLE BELIEF THAT YOU HAVE ENGAGED IN ACTIVITIES (1), (2), (3), (4), (5) OR (6) ABOVE, AlphaBEAR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONFISCATE ANY NFTS AND/ OR TOKENS PURCHASES PURSUANT TO THOSE ACTIVITIES AND/OR DEEM SUCH TRANSACTIONS NULL AND VOID.
5.3 We have the right to remove or refuse to post any NFTs, (a) for any or no reason at our sole discretion; and (b) take any action with respect to NFTs that we deem necessary or appropriate at our sole discretion, including if we believe that the NFTs violate these Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of Users of the App or the public, or could create liability for AlphaBEAR or other Users.
6.1 AlphaBEAR.io was developed to build a comprehensive, all-in-one solution for NFT. AlphaBEAR.io aims to simplify the entire process of building (creating), buying, selling, exchanging, and pricing NFTs for the end users.
6.2 AlphaBEAR ECOSYSTEM: AlphaBEAR.io is the ecosystem that aims for a comprehensive, all-in-one solution for NFT. It is built from 10 large pieces that allow users to create, buy, sell, exchange, and price NFT automatically. It's also a distribution platform as well as a launchpad for NFT projects in the future.
6.2.1 BearMINING: BearMINING is the first piece in the AlphaBEAR ecosystem to act as an initiator. BearMINING allows users to mint BearNFTs to be used as BEAR token miners. Distributing BearNFTs and BEAR Tokens to the community through this method will create decentralization of the ecosystem, allowing users to become project owners, with more than 40% of BEAR tokens to be mined and owned by the user.
Team AlphaBEAR will only hold 3% of the project's tokens. This is how the project empowers users and makes AlphaBEAR.io a decentralized platform.
BearMINING also enhanced the properties of GameFi (GameFi Elements) through upgrading, creating mining squads, as well as creating special NFTs (Diamond BearNFT) to grant privileges to users.
6.2.2 BearLOT: BearLOT is the second piece in the AlphaBEAR ecosystem. It is to increase use-cases for BearNFT ownership and the GameFi nature of the ecosystem. By participating in BearLOT, users will have the opportunity to receive many valuable gifts from the project.
6.2.3 BearSAVING: BearSAVING offers users profitable savings packages. Users can deposit BEAR tokens or USDB (the stable coin of the AlphaBEAR project) to enjoy attractive interest rates to increase users' assets.
6.2.4 BearSTAKING: BearSTAKING is an innovative solution of the AlphaBEAR.io project. AlphaBEAR uses algorithms to be able to value the NFTs of other projects, convert to relative value, and allow users to staking NFT to receive rewards from the AlphaBEAR project. BearSTAKING is compatible with projects linked to the AlphaBEAR platform; it can also use algorithms to value any NFT, making every NFT valuable.
6.2.5 BearPAD: BearPAD acts as an NFT Launchpad. Projects can initiate the sale of NFTs on BearPAD with just a few simple steps at a low cost. Revenue and profits from selling NFT to projects will be distributed to BEAR Token holders.
6.2.6 BearCHAIN: BearCHAIN is an important piece of the AlphaBEAR.io ecosystem. BearCHAIN is built by AlphaBEAR's experienced engineers team to create a network optimized for NFT at a fast speed and low cost.
6.2.7 BearCREATE: BearCREATE is a tool that allows any user to create their own NFT with just a few simple steps. The generated NFT can then be immediately posted for sale, exchange and trade on BearPLACE.
6.2.8 BearPLACE: BearPLACE is a marketplace that allows users to list their own NFTs, as well as exchange, buy, sell, or trade their NFT collections. BearPLACE also helps users to buy the NFTs they want with the lowest price and fastest & safest transaction. BearPLACE has a search function that allows users to search for the NFTs they want on all marketplaces to find the place that sell that NFT at the lowest price, and users can purchase that NFT directly and immediately through BearPLACE without having to create an account at the selling site.
6.2.9 BearDEX: BearDEX is the world's first NFT DEX created by the AlphaBEAR team, with intelligent algorithms to price any NFT and automatically liquidate that NFT at the best price, giving users the most benefit.
6.2.10 BearDAO: BearDAO is the decentralized autonomous organization of the AlphaBEAR project. By distributing Bear tokens via BearMINING, AlphaBEAR project also grants ownership rights to users that own the project's tokens. Beside receiving the project's revenue and profits transparently, users owning Bear tokens can also play a role in guiding and making project development decisions at BearDAO through the voting method.
6.2.11 BearWALLET: BearWALLET is a very important piece of the AlphaBEAR project. BearWALLET allows users to store all tokens and NFTs of different networks and users can instantly trade, buy, sell, and exchange with other users. BearWALLET will also be identified through BearCHAIN Services protocol, helping users to transact in a simple, easy and quick way.
BearWALLET is also a platform so that other NFT projects can instantly integrate a multi-wallet into their project without the need to develop their own platform. By integrating the BearWALLET, any NFT project can instantly get access to very powerful tools of the AlphaBEAR such as BearCREATE, BearPAD and BearPLACE. With these tools you can complete all the steps, from initialization and launching to listing and storing your project's NFT, in just within 10 minutes and with the highest level of professionalism.
7. ACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES
7.1 You hereby agree to make the following representations and warranties by accessing the App and/or using the Services:
(A) You have full capacity and authority under the applicable laws to agree and bind yourself to these Terms.
(B) You are eighteen years of age or older.
(C) You are not a citizen or a resident of the Prohibited Jurisdictions, and you do not have any relevant connection with any of the Prohibited Jurisdictions.
(D) You understand and agree to abide by all applicable local and international laws, statutes, ordinances, and regulations when using the App and Services. You are not using the App or the Services for any unauthorized or unlawful purposes, including but not limited to violating copyright laws and AML/CFT regulations.
(E) NFTs, tokens and your other Digital Assets in your Wallet are solely your property. Money laundering, terrorist financing, fraud, or any other unlawful activity is not and will not be derived from the Digital Assets held in your Wallets under any applicable laws. You also realize and accept that AlphaBEAR is not liable for any activities you take that result in the loss or destruction of the value of the Digital Assets in your Wallet.
(F) In relation to these Terms, you have the legal authority to take any action or participate in any transaction. For all activities or transactions that occur on or through your Account on the App, you are entirely responsible for your use of the App and the Services.
(G) For the purposes of accessing, using, or engaging in AlphaBEAR's Services on the AlphaBEAR, you will only supply correct, comprehensive, and up-to-date information and documents, if any. You will also commit to making every effort to keep the confidentiality of your personal or credential information, including your wallet address, restricted and secure on the device you use to access the App.
(H) You recognize and accept that if you lose access to the AlphaBEAR-connected wallet, AlphaBEAR will not be able to assist you in recovering the lost or transferring NFTs and/ or tokens back to your wallet. The management of your Account, as well as the private key, will be exclusively your responsibility.
(I) You are responsible for obtaining the necessary data network connection to use the App. If you access or use the App from a wireless-enabled device, your network's data and rates and costs may apply, and you will be responsible for those rates and fees.
(K) You are fully aware of the risks associated with accessing, using, or engaging in the Services, and you accept full responsibility at your own risk.
(L) You are aware that you are subject to tax restrictions in the jurisdiction in which you reside, and that you will be solely responsible for filling out or reporting any taxes and paying them in accordance with the Applicable Laws. AlphaBEAR will not be responsible for compensating you for your tax responsibilities or providing you with tax advice. Any uncertainties and unanticipated matters in tax legislation relating to any NFTS and/ or tokens may expose you to any unknown or unforeseeable tax implications related to your token holdings and usage of the Services, for which AlphaBEAR will have no responsibility.
7.2 Except as expressly permitted in these Terms or at AlphaBEAR's discretion, you will not use the App or Services in any of the following ways.
You will not:
(A) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of AlphaBEAR.
(B) transmit any data or send or upload any material or content that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to interfere with the operation of the App and/or the Services using the App or the Services.
(C) use the App and Services in a way that is illegal, offensive, harmful, threatening, libellous, defamatory, obscene, or otherwise objectionable, or that violates these Terms or any third party's intellectual property.
(D) modify, make any back-up or archival copies of the App or any part thereof including disassembling, and you will also not adapt, hack the App or modify another App to falsely imply that it is associated with the App falsely.
(E) crawl, scrape, or otherwise cache any content from the App, and you agree not to use any automated data collection methods, data mining, robots, scraping or any data gathering methods of any kind on the App.
(F) use the App or any of its contents for advertising or soliciting, for any other commercial, political, or religious purpose, or to compete, either directly or indirectly with AlphaBEAR.
(G) You agree to defend, indemnify, and hold AlphaBEAR, its partners, its affiliates, and each of their respective employees, officers, directors, and representatives harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to any third-party claim arising out of or relating to these Terms, or your use of AlphaBEAR's Services in violation of these Terms and applicable laws.
7.3 Each of the User’s representations and warranties under this Section shall survive and continue to remain in full force and effect after the termination and/or the expiration of these Terms.
8. LIMITATION OF LIABILITY AND IDEMNIFICATION
8.1 NOTWITHSTANDING ANY PROVISIONS WITHIN THESE TERMS, AlphaBEAR, ITS PARTNERS, ITS AFFILIATE, OR ITS EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO THE USER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY APPS LINKED TO IT, ANY CONTENT ON THE APP OR OTHER SUCH APPS, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE APP, OR OTHER SUCH APPS, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF YOUR CREDENTIAL INFORMATION, LOSS OR INTERRUPTION OF TECHNOLOGY, LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF THE USER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. AlphaBEAR WILL ALSO HAVE NO LIABILITY FOR ANY EMERGENCY AND/OR UNFORESEEABLE INCIDENTS RELATED TO YOUR USE OF THE SERVICES ON THE APP SUCH AS STOLEN PRIVATE KEYS, OR HACKED ACCOUNTS.
8.2 Except as expressly provided in these Terms, and to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates, or any other person, including, without limitation, any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service provided incidental to the Services under these Terms.
8.3 In no event will our aggregate liability for any loss or damage that arises in connection with the Services exceed the purchase amount you paid to participate in the Service, if any, during a twelve (12) month period immediately preceding the event that gave rise to the claim for liability. The preceding limitations of liability will apply to the fullest actual amount you paid to participate in or access the Service.
8.4 You agree to fully indemnify and hold harmless each of AlphaBEAR, its Affiliate, licensors, shareholders, officers, directors, managers, employees, and agents from and against any and all losses, claims, actions, proceedings, damages, demands, judgements, sums, liabilities, damages, costs, charges and expenses, including, but not limited to, any reasonable attorney's fees or penalties imposed by any regulatory authority, and reimbursements arising out of or related to the following situations:
(A) Your use or any person using the Services on your behalf or participation in accordance with the Services on AlphaBEAR;
(B) Your breach of or our enforcement of these Terms;
(C) Any violations of Applicable Laws, regulations, or rights of any third-party during your use or participation in the Service;
(D) The failure of the Services to remain operational for any period of time;
(E) If you are obligated to indemnify AlphaBEAR, its Affiliate, shareholders, licensors, officers, directors, managers, employees, and agents, AlphaBEAR will have the right, at our sole discretion, to control any action or proceeding and to determine whether AlphaBEAR wishes to proceed, or settle, and if so, on what terms or provisions.
8.5 We disclaim all other representations or warranties, express or implied, made to you, your affiliates, or any other person, except as expressly provided in these Terms and to the maximum extent permitted by any Applicable Laws, including, without limitation, any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose, or otherwise (regardless of any course of dealing, custom, or usage of trade) of any service provided incidental to these Terms.
8.6 In no circumstances will our total liability for any loss or damage arising from the Services exceed (a) the amount you paid to participate in the Service during the twelve (12) month period immediately before the occurrence that gave rise to the claim for liability or (b) 100 US dollars, whichever is greater.
AlphaBEAR will have the right to assign, transfer, and subcontract our rights and/or duties under these Terms without notifying you or obtaining your agreement. Nonetheless, none of your rights or duties under these Terms may be assigned, transferred, or subcontracted.
10. INTELLECTUAL PROPERTY (IP) RIGHTS
10.1 AlphaBEAR owns or has permission to use all present and future copyright, title, and interests in and to AlphaBEAR, including registered and unregistered trademarks, design rights, unregistered designs, database rights, and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of AlphaBEAR and Services. AlphaBEAR offers you a non-exclusive, non-sublicense, and any restricted license to just use or access AlphaBEAR and the Services in the manner permitted hereunder, subject to your compliance with these Terms.
10.2 Nothing in these Terms should be considered as giving any right in or license to AlphaBEAR's user or any other third party's intellectual property unless clearly specified.
10.3 If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
10.4 You agree and accept that without AlphaBEAR's explicit permission, you may not copy or reproduce AlphaBEAR content, modify it, redistribute it, use it in derivative works, or deal with it in any other way.
10.5 Third parties may permit AlphaBEAR to utilize trademarks, copyrighted material, and other Intellectual Property associated with their businesses. AlphaBEAR will not warrant or represent that the content of AlphaBEAR does not infringe the rights of any third party.
11.1 AlphaBEAR may terminate, suspend, or modify your access to the Services, or any portion thereof, immediately and at any point, at its sole discretion if AlphaBEAR has reasonable grounds to believe that you have breached any of the terms or provisions of these Terms, or if you do not comply with these Terms, these Terms may be stopped or terminated without notice from AlphaBEAR.
11.2 The termination of these Terms will not preclude AlphaBEAR from seeking remedies against you if you have breached any of these terms or provisions prior to the termination. AlphaBEAR will not be liable to you or any third party if your access to the Services is terminated, suspended, or modified.
11.3 The termination of these Terms will not prevent AlphaBEAR from seeking remedies from you in the case where you have breached any terms or provisions of these terms before such termination. AlphaBEAR will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.
11.4 Any ongoing obligation to you as well as the provisions regarding (i) AlphaBEAR's Intellectual Property, (ii) Dispute Settlement, (iii) Limitation of liability and Indemnification, and (iv) any other provisions designed to survive, will survive any termination or expiration of these Terms for any reason.
12. APPLICABLE LAW AND DISPUTE SETTLEMENT
PLEASE READ THIS SECTION CAREFULLY AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING A CLASS ACTION.
12.1 Notice of Claim and Dispute Resolution Period
Please first contact AlphaBEAR. When possible, AlphaBEAR will try to resolve your problems without resorting to formal legal action. If you have a dispute with AlphaBEAR, you should contact us and we will provide you with a case number. AlphaBEAR will make every effort to address your dispute internally as quickly as possible. The parties will agree to engage in good faith to resolve the dispute, and all discussions will be kept confidential and protected from being used as evidence in any judicial case under applicable laws.
12.2 Agreement to Arbitrate
You and AlphaBEAR agree that subject to Section 12.1 above, any dispute, claim, or controversy between you and AlphaBEAR that arises in connection with, or relating in any way, to these Terms, or to your relationship with AlphaBEAR as a user of the Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by a mandatory final and binding individual arbitration rather than a class action, except as set forth below under Exceptions to the Agreement to Arbitrate. You and AlphaBEAR further agree that the arbitrator will have the exclusive power to rule on his or her jurisdiction, including, without limitation, any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including, if applicable, attorney fees, except the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms.
12.3 Arbitration Rules
Any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
12.4 Applicable Law
The Applicable Law will be that of Panama.
12.5 Class Action Waiver
You and AlphaBEAR agree to bring any claims related to these Terms or your relationship with AlphaBEAR in arbitration on an individual basis exclusively, rather than as a plaintiff or class member in a putative class or representative action. To the extent permitted by applicable laws, you and AlphaBEAR also agree to waive any right to have such claims brought, heard, or arbitrated as a class, collective, representative, or private attorney general action. Individual arbitrations cannot be combined or consolidated into a single arbitration without the permission of all parties concerned.
AlphaBEAR maintains the right, pursuant to applicable laws, to update, alter, revise, suspend, or replace Section 12.2 regarding the parties' Agreement to Arbitrate. You acknowledge and agree that it is your obligation to keep your knowledge of this Section updated. Continued use of your Account shall be construed as acceptance of any changes to Section 12 regarding the parties' Agreement to Arbitrate, subject to applicable laws. If you disagree with the changes to Section 12, you accept that AlphaBEAR may suspend access to your account pending closure of your account. In such cases, these Terms will continue in full force and effect, even if they have been modified, and will have an impact on the upcoming closure of your accessibility.
You agree to keep all content, information, and materials including AlphaBEAR's IP confidential and not to disclose them to others. You will take all reasonable precautions to prevent unauthorized or inadvertent use, transmission, or disclosure of such sensitive information. You will only give access to your employees and agreementors who need to know, and only to the extent necessary to fulfill your rights and duties under these Terms. You will also be responsible for ensuring the individual compliance of each employee or agreementor you grant access to or use. You may not make or keep copies of the content, information, or assets that comprise AlphaBEAR's IP. You agree not to remove any identification, copyright or other proprietary notices from such content, information and materials comprising AlphaBEAR's IP. You will implement appropriate administrative, technical, and physical safeguards and other appropriate measures to protect the security, confidentiality, and integrity of any such confidential information disclosed to you by AlphaBEAR. In the event you discover any actual or suspected misuse of, disclosure or loss of, or inability to account for any of our confidential information, you shall promptly: (i) notify AlphaBEAR upon becoming aware thereof; (ii) furnish to us with full details of the unauthorized possession, use, or knowledge, or attempt thereof, and use reasonable efforts to assist us in investigating or preventing the reoccurrence of any unauthorized possession, use, or knowledge, or attempt thereof, of our confidential information; (iii) take such actions as may be necessary or reasonably requested by us to minimize the violation; and (iv) cooperate in all reasonable respects with us to minimize the violation and any resulting damages. You further will not disclose the terms of these Terms (including any order confirmed by us) including but not limited to pricing, duration, and volume or frequency commitments, to a third party, except as required by law or to enforce your agreement rights through the legal process.
14. CONTACT DETAILS
If you have any questions, would like to provide feedback, or would like more information about AlphaBEAR and/or AlphaBEAR, please feel free to email us at: [email protected].