Terms of Serivce
LAST UPDATED June 1, 2017
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND ALICPP LLC (“WE”, “ALICE”, THE “COMPANY”), THE OWNER AND OPERATOR OF THE WWW.ALICE.COM WEBSITE (THE “SITE”) AND THE RELATED ALICE MOBILE OR OTHER APPLICATIONS (“APPLICATIONS”) AND WEBSITES. THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, FEATURES, GIFT CARDS, CREDITS AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE AND APPLICATIONS, THE “SERVICES”), AND YOUR PURCHASE OF THE SUBSCRIPTIONS AND PRODUCTS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM OR SUBSCRIPTIONS TO ALICE.
By using the services or accessing the products signing up for a Subscription (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Alice if your child breaches or disaffirms any term or condition of this Agreement.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1 – CHANGES TO SERVICES; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the Services
Alice may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Subscriptions (both as defined below in Section 3.1). Alice reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Alice uses a third party payment processing service to process orders and bill fees to your credit, debit, or other Company accepted payment method (“Payment Method”).
1.3 – Privacy
2 – PASSWORDS; USER LICENSE; CHAT SESSIONS
2.1 – Passwords
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Alice if there is any unauthorized use of your password or if you know of any other breach of security in relation to the Services.
2.2 – User License
Subject to your compliance with this Agreement, Alice hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Alice or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (d) track or seek to trace any information on any other person who visits the Site or Applications, or uses our Services; (e) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content.
2.3 – Chat Sessions
Alice may offer to its Members the ability to enter into an instant messaging session (“Chat Sessions”) with an Alice Member Services Agent (“MSA”). In order to maintain a high standard of service and provide a safe environment for its MSAs, Alice reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or acts that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to the Chat Sessions, please do not use the Chat Session service.
Due to account security restrictions MSAs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your service, please log onto your account or email Member Services at support@Alice.com to complete such transactions. MSAs may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. MSAs are NOT supposed to ask you for your password or Payment Method information to confirm your account. If a MSA asks for your password or payment information, please immediately discontinue the Chat session and email Alice at: support@Alice.com
2.4 Text Messaging
3 – TERMS OF SALE
3.1 - Sales of Products and Subscriptions to End Users Only
Alice sells coffee and other related merchandise (the “Product(s)”) to end-user customers who purchase monthly Subscriptions to receive the Products (“Subscription(s)”) only for their own personal, non-commercial use. You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and non-transferable.
3.2 - Pricing
Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found on Alice’s then-current Site at: http://www.Alice.com. The price that we will charge you for the Products and Subscriptions will be the price as posted on the Site on the date you first sign-up for a Subscription to the Site. Alice reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 –Promotional Trial or Free Tastes
Your Subscription may start with a promotional trial or free taste period, allowing you to receive your first shipment at a reduced price ("Trial or Free Taste" or “Free Taste”). At the time of sign-up, your Payment Method will just be charged for the reduced trial price and shipping and taxes, if applicable. For combinations with other offers, restrictions may apply. Alice reserves the right, in its absolute discretion, to determine your Trial or Free Taste eligibility.
We will begin billing your Payment Method the applicable Subscription fees based on the subscription type or shipment frequency you selected at the end of the Trial or Free Taste unless you cancel your Subscription prior to the end of the Trial or Free Taste under some subscriptions and offers, or you may be asked to confirm your subscription and only then will you be charged, under other subscriptions and offers. Details of your specific Subscription and Offers, including pricing, frequency of shipment and date of your Trial or Free Taste are located at your Account page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial or Free Taste period.
You will not receive a notice from us that promotional pricing or Trial pricing or Free Taste pricing has ended or that the standard rate portion of your Subscription has begun. To avoid being charged after the expiration of your Trial or Free Taste, you must cancel your Subscription prior to the end of the first month. We will continue to bill your Payment Method on a monthly or bi-monthly basis (depending on your selection) for your Subscription fee until you cancel. For detailed instructions on how to cancel, see Section 3.5 below.
Alice reserves the right, in its absolute discretion, to withdraw or modify any Trial or Free Taste offerings or promotions at any time without prior notice and with no liability.
3.4 – Refunds
If you are dissatisfied with one of our Products for any reason, you can cancel your subscription at any time. If your offer or subscription comes with a money back guarantee, you can request a refund within thirty (30) days of the date of shipment by Alice. Alice is not liable for Products that are damaged or lost in transit to Alice. Promptly following Alice’s receipt of your request (typically within five (5) business days), Alice will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Alice does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.
Alice will not provide a refund for a request that is received by Alice more than fifteen (15) days after the date of original shipment. Alice also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
3.5 – Payment Methods; Automatic Monthly Subscription Renewals and Subscription Cancellation Policy
Alice accepts various Payment Methods. You agree to pay all fees charged to your account based on Alice’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Subscription. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Subscriptions based on the address that you provide as the shipping address when you register for a Subscription, and you authorize Alice or the third party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, Alice reserves the right to either suspend or terminate your account and Subscription and terminate these Terms of Service. All sales and payments will be in US dollars.
Alice and Alice's third party payment service provider may receive updated Payment Method information from your credit card or payment method issuer. The disbursement of the updated Payment Method information is provided to Alice and Alice's third party payment service provider at the election of your credit card and payment method issuer. Neither Alice nor Alice's third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER:
MONTHLY SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. Alice will automatically renew your Subscription on each monthly anniversary date of the Subscription (or other anniversary date depending on the subscription selections you make) and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Subscription during the purchase/sign-up process, we will charge your Payment Method with the applicable Subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Subscription fee payments. Each Subscription renewal period is for one month, unless otherwise stated in your offer or at the time of subscription/purchase.
SUBSCRIPTION CANCELLATION. You may cancel your Subscription at any time by logging on to your account page at Alice.com. To cancel a Subscription, please log in to your account on the Site and select "Subscription options" and follow instructions towards cancellation. Cancellation requests submitted in this manner (via your account page on the Alice.com website) must be received at least one full calendar week prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. Cancellation requests received by Alice through other channels may take up to five (5) days to process. If you have any problems, please email members@Alice.com. Alice requires a reasonable amount of time to process your Subscription cancellation request. If you cancel your Subscription, you will enjoy your Subscription benefits until the end of the then-current Subscription term, and your Subscription benefits will expire at the end of the then-current Subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term.
3.6 – Shipping and Product Acceptance
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent via the U.S. Postal Service or a suitable third-party carrier. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
3.7 – Pausing and Resuming Shipping
Alice offers its members the ability to temporarily pause their Alice Subscriptions (“Pause Period”). During the Pause Period, members will remain active members, but they will not receive any Alice Products.
A Subscription may be placed on a Pause Period for either a one, two, or three month period. During the Pause Period, members will remain a member of Alice, continue to receive communications from Alice via email, but will not be charged any maintenance or Subscription fee.
Members who are in a Pause Period may resume receiving Alice Products by logging into their account and Resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period to members@Alice.com.
4 – USE OF MOBILE APPLICATIONS, SITE, AND OTHER SERVICES
4.1 – Alice iOS and Android Mobile Application Terms:
The Terms of this Section 4 shall apply to the Users utilization of either the Alice iOS Application or Alice Android Application if and when available. The consideration of which terms apply is contingent on the Mobile Application downloaded and utilized by the User at the time of access to Alice Sites and Services. By way of example, if the User accesses the Alice Services on an Android device the Android terms shall apply and if the User accesses the Alice Services on an Apple device the iOS terms shall apply. For purposes of this section and to the extent applicable in this Agreement, together the iOS Application and Android Application shall be known as Applications.
4.2 – Incorporation of Related Apple Terms:
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.
- 2-1 – End-User License for Apple Application: Subject to these Terms, Alice grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Applications for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the iOS Device in any other manner, including, without limitation, resale, transfer, modification or distribution of the iOS Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the iOS Application is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the iOS Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
4.3 – Incorporation of Related Android Terms:
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.
- 3-1 – End-User License for Android Application: Subject to these Terms, Alice grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Applications for personal use only on an Android Device owned or controlled by User as permitted by the Usage Rules contained in the Android Terms and in accordance with these Terms (“User License”). Any use of the Android Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Android Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Android Application is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the Android Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
4.4 – User Information:
Services and features, such as credits, mobile gifting, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including Payment Method information), Alice credits information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Applications, Site, or other Services, User consents to the transmission of User Information to Alice, including its agents and third-party partners, and consents to Alice, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the Alice Privacy Policies identified in this Agreement.
Users are solely responsible for taking precautionary steps to protect User Information stored on the respective Applications, including without limitation password-protecting the respective Applications and employing Apple's or Android's remote-wipe feature.
Unless attributable to Alice's negligence or misconduct, users are also responsible for all payments and losses resulting from transactions and activities undertaken using Alice credits registered in their names and agree to immediately notify Alice of any suspected unauthorized transactions associated with the Services or any other breach of security.
4.5 – Prohibited Uses:
Users are prohibited from using the Applications, Site, or Services in any way that:
- Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- Uses technology or other means to access unauthorized content or non-public spaces;
- Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public data;
- Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempts to damage, disable, overburden, or impair Alice servers or networks;
- Attempts to gain unauthorized access to a Alice computer network;
- Attempts to gain unauthorized access to Alice’ user accounts;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Violates these Terms in any manner; or
- Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
Alice reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Applications or other Services, including any Alice credits, that Alice reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
4.6 – User-Generated Content:
The User may generate content, written or otherwise, while using the Services (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Alice (for example, in product marketing campaigns). User grants Alice and its successors a worldwide; irrevocable; transferrable; sub-licensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
4.7 – Indemnification:
User agrees to indemnify and hold harmless Alice, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Alice Parties") from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to the User's misuse of the Services or Products, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. Alice reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. This provision does not require you to indemnify any Alice Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact.
4.8 – No Warranties:
THE SITE, APPLICATIONS, OTHER SERVICES AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. Alice, ON BEHALF OF ITSELF AND THE OTHER Alice PARTIES: (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE, APPLICATION OR SERVICES WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS REGARDING THE USE OF THE SITE, APPLICATION, SERVICES OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, APPLICATIONS, SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.
THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND Alice. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Alice OR ANY PERSON ON BEHALF OF Alice SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE Alice PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
4.9 – No Liability:
IN NO EVENT SHALL THE Alice PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATIONS, SITE, OTHER SERVICES OR CONTENT, THE INABILITY TO USE THE APPLICATIONS, SITE OR OTHER SERVICES OR CONTENT, OR DEVICE FAILURE OR MALFUNCTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER ECONOMIC DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR LOST PROFITS, EVEN IF A Alice PARTY HAS BEEN’ ADVISED OF THE POSSIBILITY OF SUCH ECONOMIC DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A Alice PARTY IS FOUND TO BE LIABLE FOR ANY ECONOMIC DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATIONS OR OTHER SERVICES, THE RELEVANT Alice PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID Alice FOR THE PRODUCTS OR SUBSCRIPTION, AS APPLICABLE; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100). THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATION, SITE, OTHER SERVICES OR CONTENT AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.
THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE LIMITATION ON RECOVERY OF ECONOMIC DAMAGE OR LASS, SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY.
4.10 – Intellectual Property:
AlicePP LLC, Alice, the Alice logo, and other Alice trademarks, service marks, graphics and logos used in connection with the Applications and other Services are trademarks or registered trademarks of Alice or other companies of Alice (collectively “Alice Marks”). Other trademarks, service marks, graphics and logos used in connection with the Applications and other Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Alice Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Alice or the applicable trademark holder. The Applications and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Alice or the owner of the Content.
4.11 – Severability:
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Alice to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
4.12 – Modification of this Agreement:
Subject to Section 10.1(x) of this Agreement, Alice reserves the right to change or modify this Agreement or any other Alice terms, conditions, or policies related to use of the Applications or other Services at any time and at its sole discretion by posting revisions on the Site (http://www.Alice.com) or within the Applications. Continued use of the Applications, Site, or other Services following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Alice shall have any legal effect as a waiver by Alice of any Terms of this Agreement.
4.13 – Third-Party Beneficiary:
User agrees that Alice’s service providers, licensors, or others involved in creating or providing the Applications or other Services are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
5 – REFERRALS
These are the Terms and Conditions applicable to the Alice Referral Program (the “Program”). Under the Program, Alice offers its Members the opportunity to provide their friends, family, or other individuals (“Prospective Members”) with a unique referral ID link (“Personal Link”) that a Prospective Member can use to sign up for Alice services (“Subscription”). For each Qualified Referral (defined below) generated through the Member’s Personal Link, the Member may receive a Alice credit (“Credit”) as specified on the Company’s Referral Program page. We reserve the right to terminate this Program at any time for any reason.
Members and Prospective Members that wish to take part in the Program are bound by these Terms. If you do not agree to and abide by these Terms in their entirety you are not authorized to participate in the Program. Members and Prospective Members may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and the methods through which any Credits may be earned. We reserve the right to disqualify any Member or Prospective Member at any time from participation in the Program.
Children: No part of the Program is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.
5.1 – PRIVACY
5.2 – HOW THE PROGRAM WORKS:
- Program Participation
Generally: To participate, a Member shall provide the Prospective Member with the Member’s Personal Link. The Prospective Member must click on the Personal Link and complete the sign up in the same session. If the Prospective Member does not complete the sign up in the same session, the Member will be not be credited for that referral and will not be eligible for the Credit, even if the Prospective Member subsequently signs up for a Subscription. For purposes of clarification, completion of sign-up in the same session means clicking the Personal Link provided by Member and completing Alice service sign-up within a reasonable period of time and without the Prospective Member closing their Internet browser or pressing the back button.
- Eligible Member
To be eligible for Program and to receive Credits, a Member must:
- Be a legal resident of the United States;
- Be at least 18 years old;
- Have provided the Prospective Customer with their correct unique Personal Link; and
- Have a Subscription account in good standing with Alice.
- Employees of Alice, its service providers or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
- Personalized Referral Links
Alice offers Members the opportunity to create their own personalized referral name ("Personalized Referral Link"). These Personalized Referral Links may be of any length and include any combination of words and/or numbers of the Member's choosing. Personalized Referral Links shall be on a first come, first served basis. Alice is in no way responsible for confirming or ensuring that the Personalized Referral Link is accurate or correctly formatted or spelled. Under no circumstances may a Member transfer or sell a Personalized Referral Link to another Member. Notwithstanding the foregoing, the Alice reserves the right to revoke, ban, or amend any Personalized Referral Link at any time and for any reason. Any or all Credits earned through a revoked, banned, or amended Personalized Referral Link may be removed from Member’s account by Alice. For purposes of clarification, but in no way limiting the Alice's rights to revoke, ban, or amend any Personalized Referral Link, the following Personalized Referral Links are explicitly banned and may be grounds for suspension of Subscription and removal of any Credits earned:
- Personalized Referral Links that misrepresent a discount or savings on Subscription;
- Personalized Referral Links that Alice deems to be obscene, racist, sexist, or offensive in its sole discretion;
- Personalized Referral Links that use a trademark, copyright, or the name of another individual.
- Personalized Referral Links that are promoted, advertised, or publicized on any Alice owned or operated websites, third party websites, social networks, and any other similarly situated Internet site, property, location, or asset where Alice is an Administrator or Trustee. By way of example, this includes but is not limited to Facebook, Twitter, Pinterest, Alice Blog, or any other similarly situated websites.
Making a Referral
- Members can refer Prospective Members by giving their Personal Link to the Prospective Member. Once a Prospective Member uses a Member’s Personal Link and successfully completes the signup process for the Alice services, the Member may receive a communication from the Company confirming that the Prospective Member has signed up. The confirmation communication to the Member shall include some of the Prospective Member’s personal information provided to Company such as name and email address. A Member’s failure to receive such a confirmation communication means that the Prospective Member failed to complete the signup process (during the same session, or at all) and no Credit will have been earned. The Member and/or the Prospective Member may email Company any comments or questions in regard to a failed referral, but whether to award Member the Credit shall be at Alice's sole discretion. Prospective Members must satisfy the requirements of these Terms and Conditions and consent to receiving communications from Alice. Members may not refer themselves.
- For purposes of emphasis and clarification, by using a Personal Link, a Prospective Member acknowledges and affirms his/her understanding that some of his/her personal information, including but not limited to his/her name and email address, may be sent to the Member who provided the Personal Link as confirmation of the Prospective Member’s successful referral and sign-up with Alice. Accordingly, Alice strongly advises that Prospective Members only use a Personal Link they receive from someone whom they personally know and trust. For their own security, Prospective Members should not use a Personal Link if they receive it from an unknown, untrusted, or public source, such as an Internet forum.
A Qualified Referral means that all the following conditions are met:
- The Prospective Member completed the registration process for a Subscription using the Member’s Personal Link. If a Prospective Member registers for a Subscription using any other link or method, the registration will not count as a Qualified Referral and the Member will not be rewarded a Credit;
- The Prospective Member was not previously registered with the Service under any other email address or alias; and
- The Prospective Member is a) at least 18 years old; b) meets the eligibility requirements to become a Member of Alice's services; and c) has consented to receiving communications from Alice.
- If the Prospective Member upon sign up takes advantage of a Alice trial offer (see Section 3.3 above) then the Prospective Member must remain a Member beyond the first month of the trial offer and pay the standard, non-promotional subscription fee for at least one month.
- Earning CreditsMember shall receive credit for each verified Qualified Referral generated through the Member’s Personal Link. The actual Credit will be determined by Alice in its sole discretion as specified on its Credits Page. If the Credit consists of credit, such credit may only be applied in the amount specified by Alice towards the Member’s purchase of future services from Alice. A Member may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by Alice and it is in the sole discretion of Alice as to the legitimacy and validity of such Qualified Referral.
- Verified Qualified ReferralsAll Credits are subject to verification. Alice may delay a Credit for the purposes of investigation. Alice may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or Alice believes will impose potential liability on Alice beyond what is reasonable for this Referral Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. Alice may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond Alice's control. Alice is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All of Alice's decisions are final and binding, including decisions as to whether a Qualified Referral or Credit is verified.
- Value of CreditCredits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. Alice may cancel, amend or revoke the Credit at any time for any reason.
- Transfer of CreditsCredits are personal to the Member and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Member’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Member are forfeited.
5.3 – ADDITIONAL PROGRAM CONDITIONS:
By participating in the Program, both Members and Prospective Members agree:
- To receive communications from Alice from time to time.
That Alice shall not be liable for late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission;
- Data corruption, theft, destruction, unauthorized access to or alteration of account information or other materials;
- Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to Alice at the relevant time;
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
- Claims and demands made, and damages sought in disputes between users of the Program.
6.4 – DISCLAIMERS:
- The Alice disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Alice's control, corrupt the administration, security or proper play of the Program.
- The Alice shall not be liable to any Member for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.
- The Alice reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
6.5 – CONDUCT:
Prohibited Conduct, Generally.
Members agree not to use the Program to:
- Violate applicable law;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Members;
- Impersonate any person or otherwise misrepresent Member's identity;
- Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Member's use of the Program;
- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others;
- Submit personal information relating to third parties to the Program without the consent of those third parties.
Bulk Distribution ("Spam").
- If a Member provides a Personal Link to a Prospective Member by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By using a Member’s Personal Link, the Prospective Member represents that he/she has given consent to Alice to send Member his/her personal information such as full name and email address.
- Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Alice's sole discretion is expressly prohibited and may be grounds for immediate termination of the Member’s account and deactivation of the Personal Link. We have a zero-tolerance spam policy.
- The Alice has no obligation to monitor the content provided by Members; however, Alice may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
Fraudulent and Suspicious Behavior
- Alice may prohibit a Member from participating in the Program or receiving a Credit, in their sole discretion, if they determine such Member, either directly or indirectly is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices that would in any way annoy, abuse, threaten or harass any other users or representatives of Alice.
- Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Member’s disqualification from the Program.
- Members may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit.
- Alice reserves the right to disqualify any Member and/or cancel any Credit(s) if they determine a Member has tampered with the operation of the Program or violated these Terms and Conditions.
Alice reserves the right to suspend, disqualify or terminate any Member’s or Prospective Member’s participation in the Program and forfeit any Credits or credits earned if the Member or Prospective Member is found to have engaged in any prohibited conduct or otherwise violated the provisions of this Section 6. If Members have engaged in prohibited conduct, spam or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the Program, and Alice is unable to find a solution to restore the integrity and credibility of the Program, then Alice may in its sole discretion cancel, change or suspend the Program.
CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE PROGRAM. Alice RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION, IN THE EVENT OF ANY SUCH ATTEMPT.
7 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Alice or its licensors own all legal right, title and interest in and to the Service and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Services and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Alice is a trademark of Alice in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on the Services, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Alice, Copyright © 2012-2016 Alice, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
8 – PRODUCT/IDEA SUBMISSIONS
Alice and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Alice or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Alice’s products, services or marketing strategies might seem similar to ideas submitted to Alice. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.
You agree that:
- Any Submission (including its complete contents) by you to Alice will automatically become the property of Alice, without any compensation to you;
- Alice may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;
- Alice has no obligation to review any Submission; and
- Alice has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, Alice.
9 – THIRD PARTY SITES
9.1 – Third Party Web Sites
10 – NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFORMATION
If you believe that any Content, User Material, or other material contained on this Site or the App, including through a link, infringes your copyright, you should notify Alice of your infringement claim in accordance with the procedures below.
We will process each notice of alleged infringement that Alice receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Alice’s copyright agent at support@Alice.com (subject line: “Takedown Request”). You may also contact us by mail or facsimile at:
124 Fulton St E, Grand Rapids, Mi 49503
To be effective, the notification must be in writing and contain the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located that is reasonably sufficient to enable Alice to identify and locate the material; (iv) how Alice can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to support@Alice.com for purposes other than communication about copyright infringement may not be answered.
Alice has a policy of terminating repeat infringers in appropriate circumstances.