Terms of Use - alphsoles.com

Effective Date: 5/5/2022

1. WELCOME
Welcome to Alpha Soles. The following terms and any rules, program terms, guidelines, policies, and directions govern your site use (the “Agreement”).
Please take a few minutes to review this agreement carefully. By using the website, you agree to be bound by this Agreement. This Agreement applies to all Sites users, including users who view material, buy products, and/or register for accounts or programs on the Sites.
Please note the arbitration provision requires—except where and to the extent prohibited by law, which may include the province of Quebec—you to arbitrate any claims you may have against us on an individual basis.
2. WHO WE ARE
We are Alpha Soles. Our headquarters are located in Boston, MA. If you have any questions about this Agreement, our Privacy Policy, or the website (including returns/exchanges/refunds/cancellations), you may contact us at the applicable email provided below or the customer service number listed on the Site’s contact us page.
3. ELIGIBILITY
You must be at least 13 years old to use or register for the website. If you are under the age of majority in your state or country of residence, your parent or legal guardian must agree to this Agreement on your behalf, and you may only access and use the Sites with permission from them. Account registration and online purchases for the Sites are or may be limited to U.S. and Canadian residents only. Please see the terms of use for purchases and access outside the U.S. and Canada for those country-specific sites, if any.
4. PRIVACY
Please review our Privacy Policy to understand our privacy practices and how we protect and use your information. This Agreement incorporates the terms and conditions of our Privacy Policy.
5. DISPUTES AND AGREEMENT TO ARBITRATE
Except where and to the extent prohibited by law, which may include the province of Quebec, by using the Sites, you and we agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
To us at: info@alphsoles.com
To you at your last provided billing address.
You and we agree that this dispute resolution procedure is a condition that must be satisfied before initiating any other action or filing any claim against the other party.
6. INTELLECTUAL PROPERTY
Alpha Soles logos, trade names, and product names appearing on our Site are trademarks or registered trademarks of …. in the United States and/or other countries. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark owned or controlled by us or any third party.
Copyright: All information, text, images, photographs, graphics, videos, music, user interface, and other content and materials contained on the Sites are the copyrighted property of us or our third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of ours or any third party. The Sites and the information contained on the Sites are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Boardriders or its lawful successors and assigns. For usage permission, please contact us via email at info@alphsoles.com
7. NOTICE OF COPYRIGHT INFRINGEMENT
We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
(1) Description of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the Sites, including the URL where the material is available or a copy of it;
(3) The name, address, daytime telephone number, and an email address of the person submitting the notice so that we may contact you;
(4) A statement in “good faith belief” that the use of the work is not authorized by the copyright owner, its agent, or the law;
(5) A statement that all of the information in the notification is accurate and, under penalty of perjury, that the signatory is the copyright owner or authorized to act on behalf of the copyright owner; and
(6) The copyright owner’s electronic or physical signature or someone authorized on the owner’s behalf.
8. REGISTRATION FOR AN ACCOUNT
You do not have to register to view the site. To register, you must create a user account, which requires you to provide your email address and mailing address, including zip code, and select a password. You must provide accurate, complete, and updated registration information. You are solely responsible for all activity that occurs under your account, password or profile, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to use the Sites with your profile and/or account. You may not sell or transfer your profile or account. You must notify Boardriders immediately of any security breach or unauthorized use of your account. We will not be responsible for any losses caused by any unauthorized use of your account.
AlplhaSoles reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time at its sole discretion. Such suspension or cancellation of your account will mean that you may lose access to the Sites, your account details, and any Comments (defined below) or content therein. You may also terminate or discontinue your own account at any time by sending an email request to joaquinvelasco26@gmail.com
9. RETURNS, REFUNDS, SHIPPING, AND ORDER CANCELLATIONS
Please see the applicable pages for Our Shipping Methods and Timelines and our Cancellations Policy. Or contact Customer Service at the number listed on the applicable brand’s Site page.
10. LICENSE AND SITE ACCESS
We grant you a personal, limited, revocable license to access and make personal use of the site but not to download (other than page caching) or modify any portion of the Site. This license does not include any resale or commercial use of the Site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Unless you have our prior express written consent, you may not: (1) reproduce, duplicate, copy, sell, or otherwise use any portion of the Site for commercial purpose, (2) frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AlphaSoles (3) use meta tags or any other hidden text using our brand name or trademark. Any unauthorized use will immediately terminate the license granted by us.
You are granted a limited, revocable right to create a hyperlink to the home page of the site so long as the link does not portray Alpha Soles or its brands, products, or services in a false, misleading, derogatory, or otherwise offensive manner as determined by us in our sole discretion. Without our express written permission, you may not use any of our logos or other proprietary graphics or trademarks as part of the link. You may not make any other part of the Site, other than the Site’s home page, available as part of another service by “deep linking,” or otherwise, without our prior written permission. Any permitted links to the Sites must comply will all applicable laws, rules, and regulations.
12. THIRD-PARTY SITES AND HYPERLINKS
The Site may contain hyperlinks (“links”) to other websites not under the control of Alpha Soles. We provide such links for your reference and convenience only. Alpha Soles has no responsibility for these third-party websites, nor does linking mean Alpha Soles endorses the website. If you use the links, you will leave our Sites, and your activities will be governed by other terms and conditions and privacy practices. We strongly encourage you to investigate any necessary investigation before proceeding with a transaction with any of these third parties.
13. YOUR RESPONSIBILITIES
You are responsible for your use of the Sits and any use made using your account. By using the Site, you agree not to violate or attempt to violate the security of the website, including:

• attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures;

• sending unsolicited or unauthorized email, text, or other solicitation;

• interfering with, limiting, destroying, or disrupting the Sites, services connected to the Sites, or otherwise interfering with the technological operations or services of the Sites;
• violating, infringing, or misappropriating other people’s intellectual property, privacy, publicity or other legal rights;
• spidering or harvesting or otherwise automatically collecting any information or data from the Sites;
• attempting to scrap or crawl any pages on the Sites;
• copying, deciphering, disassembling, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract any of the software or other underlying code used to provide the Sites;

• violating any law, regulation, or order; or
• advocating, encouraging, or assisting anyone in doing any of the above.
14. TERMINATION OR RESTRICTION
We reserve the right, in our sole discretion, to terminate or restrict your access to the Site, refuse service, or cancel orders.
15. RISK OF LOSS
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by us.Title to products purchased on the Sites, as well as the risk of loss for such products, passes to you when we deliver these items to the carrier.
16. PRODUCT INFORMATION
We attempt to be accurate in describing our products and services on the Site. We do not warrant that product and service descriptions or other content of the site are complete, reliable, current, or error-free.
We have made every effort to display and describe as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see depend on your computer monitor and other factors beyond our control, we cannot guarantee that your computer’s display of any color on the Sites will be accurate.
Unless otherwise stated, the prices displayed at the Sites are quoted in U.S. or Canadian Dollars.
17. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE SITE is PROVIDED BY AlphaSoles ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, …. MAKES NO REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, BOARDRIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL BOARDRIDERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO US THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. OTHER LEGAL PROVISIONS
We may discontinue, change, suspend, or cancel the contents, operation, or features of the website at any time for any reason, without notice.
We reserve the right to update and/or change the terms of this Agreement. This Agreement was last updated on the date indicated above. Your continued use of the Sites indicates your agreement with the then-current terms.
Our failure to enforce any provision of this Agreement or respond to a breach by you or other parties will not in any way prevent us from enforcing such right or provision or responding in the future. This Agreement may be assigned by us, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees.
If any provision in this Agreement is invalid or unenforceable, that provision will be deemed superseded by a valid provision that matches the intent of the original provision and the remaining provisions will continue in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
All rights not expressly granted herein are hereby reserved to Boardriders.
19. CONTACT US
If you have any questions or concerns regarding the Sites or this Agreement, please contact us by email at info@alphsoles.com or write to us at the following address:

808 Commonwealth Ave

Boston, MA 02134