Website Terms of Use

These terms govern your access and use of Alphonso websites – including Alphonso.tv and LGAds.tv – which are operated by Alphonso Inc. (each a “Site”, or collectively, the “Sites”).  By accessing or using any of the Sites, you are agreeing to these terms. If you do not agree with these terms, you do not have the right to access or use the Sites.

These Terms of Use should not be confused with any Terms or Privacy Policy relating to Alphonso’s advertising or Automatic Content Recognition (also know as “ACR”) services.  Those terms can be accessed at Alphonso’s Privacy Center, located at https://alphonso.tv/privacy.

Content

The Sites may contain information about Alphonso, such as press releases, industry news, or corporate financial information. Some of this information may not be entirely accurate, complete, reliable, or up-to-date, and use of such information is at your own risk.

All content on the Sites is proprietary to Alphonso or its affiliates and protected by copyright, trademark, and other laws of the United States and other countries.  All rights are reserved by Alphonso.

Children

Alphonso will not collect personally identifiable or other information from any person who is actually known to us to be under the age of 13 (or an age set by local law in a jurisdiction where we offer our services). If we become aware that a person under 13 has provided personally identifiable or other information, Alphonso will take steps to remove such information.

Security

Alphonso takes reasonable physical, technical, and administrative steps to help maintain information we collect, store, and use in a secure manner.

Patent Notice

The Service incorporates and implements patented technologies. For more information visit https://alphonso.tv/patents/.

General Terms

The Sites are provided “AS IS” and on an “AS AVAILABLE” basis and to the maximum extent permitted by applicable law.  ALPHONSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Alphonso makes no warranty regarding the quality of any information or content provided through the Sites.

Limitation of Liability

IN NO EVENT SHALL ALPHONSO (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS) BE LIABLE CONCERNING ANY ASPECTS OF THE SITES, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (C) DAMAGES, IN THE AGGREGATE, IN EXCESS OF US$100.00, EVEN IF ALPHONSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

United Kingdom Users: Nothing in this agreement shall exclude liability for death of personal injury arising out of negligence or fraudulent misrepresentation in connection with your use of the software.

German Users: Your right to prove that no damage has occurred remains unaffected by the foregoing. Some of the forgoing provisions may be ineffective in certain countries/states/provinces/jurisdictions, so the above acknowledgements and terms may not apply to you in their entirety.

Governing Law:  A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Alphonso agree that any claim or cause of action arising out of or related to your use of the Sites must be commenced within one year after the claim or cause of action arose, otherwise, such claim or cause of action is permanently barred.

This agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America.  In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

All disputes between the parties arising out of or in relation to or in connection with this agreement shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules, except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction. The arbitration shall take place in the United States.  The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the then current Terms of Service and Privacy Policy. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.

ANY ARBITRATION HEREUNDER WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ALPHONSO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Use of the Sites are not authorized in any jurisdiction that does not give effect to all provisions hereunder, including without limitation, this section. 

Integration:  These terms are the entire agreement between you and Alphonso with respect to access and use of the Sites, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Alphonso with respect to the Sites. If any provision hereunder is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms hereunder will otherwise remain in full force and effect and enforceable.

General Provisions:  Your rights and obligations hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Alphonso’s prior written consent. Alphonso may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created, and neither party has any authority of any kind to bind the other in any respect. All notices will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; or when receipt is electronically confirmed, if transmitted by facsimile or e-mail.

All rights not expressly granted herein are reserved.

Waiver: The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

Severability: If any provision of this agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced.

Updates

Alphonso reserves the right, at its sole discretion, to update, modify or replace these terms, in whole or in part, at any time. Alphonso will use reasonable efforts to notify users of any material change approximately 30 days in advance of the effective date of any change.  Change notices may be communicated by postings at or through the Site. In any case, you should periodically check the terms for changes. Continued access or use of the Sites following any change to the terms constitutes your acceptance of those changes.

Contact

If you have any questions regarding these terms, please contact us at:
Alphonso Inc.
Attn: Terms of Use
211 Hope Street, Suite 390905
Mountain View, CA 94041
E-mail: info@alphonso.tv