Terms of Use

Web Site, Products, and Services
a la mode technologies, llc.

Effective Date: March 22, 2022

The use of the website, products, and services made available by a la mode technologies, llc (“ALM”) (collectively, the “Services”) is subject to the terms and conditions stated herein. Use of the Services constitutes an agreement by you, the user, (“You” or “User”) and ALM that your use is governed by these terms and conditions (“Agreement”). In addition, when using particular ALM Services, you will be subject to any guidelines or rules applicable to such Services that may be posted from time to time on the ALM website or other means of ALM-provided access to such Services. The full suite of ALM products can be found at www.alamode.com. You are responsible for regularly reviewing this Agreement. You can review the most current version of the Agreement at any time at: www.alamode.com/legal/terms-of-use/. You and ALM acknowledge and agree that this Agreement supplements any other services agreements between ALM and you. In the event of a conflict between this Agreement and any such other agreement, this Agreement shall control except to the extent such other agreement expressly sets forth the particular term hereof to be superseded by such other agreement.

OWNERSHIP OF INTELLECTUAL PROPERTY/USAGE RESTRICTIONS

The works of authorship contained in the Services, including but not limited to all copyright, trademarks, design, text and images (collectively, “Marks”), are owned, except as otherwise expressly stated herein, by ALM or its licensors. United States and worldwide copyright laws and treaty provisions protect the contents of this website. In accordance with this Agreement, any use of ALM Marks must correctly attribute ownership of such Marks to ALM and must be in accordance with applicable law and ALM’s then current Branding Guidelines, which can be found here: www.alamode.com/branding/. You will at no time contest or aid in contesting the validity or ownership of any ALM Mark or take any action in derogation of ALM’s rights therein, including without limitation, applying to register any copyright, trademark, trade name or other designation that is confusingly similar to any ALM Mark. Unauthorized use or references of ALM Mark shall be considered a material breach of this Agreement and shall result in immediate termination of this Agreement, as well as any other agreements You may have entered into with ALM. Such termination shall be without limitation to ALM’s right to claim damages, to seek for injunctive or other equitable relief, or to obtain other remedies from you.

YOU AND OTHER USERS MAY NOT:

Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Services without ALM’s express written permission.

Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the ALM Services. This includes among other activities, using “framing”, “scraping”, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this website technology without ALM’s express written permission.

Soliciting any of the individuals or companies listed on this website for purposes of selling products or services is prohibited.

You agree that you will not use the ALM Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by or provided for by ALM through the Services. Except with the written permission of ALM, you agree that you will not create links from any website or web page to any page within the ALM website with the exception of www.alamode.com, the ALM website homepages, including, but not limited to other pages currently located at www.alamode.com. The origin of any such link to the ALM website homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the ALM website homepage. You agree that if you create any link to the ALM website that you will not employ any technology that results in the placement of content from the ALM website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the ALM website from how they would appear if a user typed in their URL to a typical browser line. You agree that ALM may in its sole discretion and at any time terminate your access to and use of the ALM website, or any part thereof, with or without notice.

SECURITY

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior written authorization from ALM or (c) attempting to interfere with the Services provided to any user, host or network. Violations of system or network security may result in civil or criminal liability. ALM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

LIMITED WARRANTY

THE ALM SERVICES ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALM DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE SERVICES. ALM DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.

LIMITATION OF LIABILITY

ALM SHALL HAVE NO LIABILITY TO YOU, TO ANY OTHER USER OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE OR DAMAGE (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE, INCLUDING LOST PROFITS OR LOST REVENUE) ARISING FROM OF THE SERVICES, ANY RELIANCE THEREON OR FROM ANY INFORMATION CONTAINED THEREIN OR ACCESSED THEREBY. USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH USE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

INDEMNITY

You will indemnify, defend and hold harmless ALM and its officers, directors, employees and agents (each, an “Indemnified Party”) from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, “Damages”) incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the ALM Services or (ii) your breach of this Agreement.

GOVERNING LAW

This Agreement shall be construed and governed by the State of Florida. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Miami-Dade County, Florida in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.

THIRD-PARTY SERVICES TERMS OF USE

You acknowledge and agree that ALM does not guarantee or assume any responsibility for any third-party services made available to you through the Services. You are responsible for reviewing and abiding by any third-party terms of service attendant to such third-party services to the extent you elect to use them:

SECURITY STANDARDS

PCI Data Security Standards are technical and operational requirements set by the PCI Security Standards Council (PCI SSC) to protect cardholder data. The standards apply to all entities that store, process or transmit cardholder data. In order to attest PCI compliance, ALM does not store, process, or transmit any cardholder data on its own servers or networks and must provide a written AOC (attestation of compliance). Pursuant to this AOC ALM cannot allow customers using its products to store, process, or transmit any cardholder data by way of the Services. You agree that in your use of the Services, you will not include, or allow to be included, any cardholder data in documents and/or data being processed, transmitted, and/or stored by the Services. Once such example of your responsibilities in this regard includes, but is not limited to, redacting credit card numbers to the last 4 digits if they are included on the 1003 form or any other documents before printing.