Terms of Use

Ownership of Site; Agreement to Terms of Use

The Alphaland Corporation (“ALPHA”) owns and operates www.alphaland.com.ph (the “Site”) to provide online access to information about ALPHA and its projects and services. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”).

ALPHA reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following the posting of changes will mean that you accept and agree to such modification. As long as you comply with these Terms of Use, ALPHA shall grant you a personal, non-exclusive, and limited privilege to enter and use the Site.

Content

ALPHA and/or any of  its affiliates reserve complete title and full intellectual property rights in all information, images, and works such as, but not limited to, visual interfaces, trademarks, and logos (collectively, “Content”) contained on this Site.

Except as expressly provided in these Terms of Use, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise any part of the Site and Content without the ALPHA’s express prior written consent.

You may use information on ALPHA products and services such as data sheets, knowledge-based articles, and similar materials purposely made available by ALPHA  for downloading from the Site, provided that (1) you do not remove any proprietary notice language in all copies of such documents, (2) such information is only for your personal, non-commercial informational use (3) you do not make modifications to any such information, and (4) you do not make any additional representations or warranties relating to such documents.

Your Use of the Site

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

ALPHA’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

ALPHA may make changes to any projects or products mentioned on the Site, or to the applicable prices for any such products or projects, at any time, without notice. The materials on the Site with respect to products and services may be out-of-date, and ALPHA makes no commitment to update the materials on the Site with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Privacy

ALPHA’s Privacy Policy covers the collection, use, and disclosure of personal information that you may supply ALPHA whenever you interact with it, such as when you visit its website, when you apply with it for a career opportunity, or when you contact it either through e-mail, telephone, or facsimile.

Please take a moment to read the following to learn more about ALPHA’s information practices, including what type of information is gathered, how the information is used and for what purposes, to whom it discloses the information, and how it safeguards your personal information. Your privacy is a priority at ALPHA, and this privacy statement is created in order to demonstrate its commitment to value your privacy.

ALPHA uses your IP address to help diagnose problems with its server and/or to administer its website. This gives ALPHA an idea of which parts of its site you often visit. ALPHA does not link IP addresses to anything personally identifiable. This means that a user’s session will be tracked, but the user will be anonymous.

Your personal information may be shared with legal entities within the  ALPHA group globally who will take steps to safeguard it in accordance with ALPHA’s privacy policy.

There are also times when it may be advantageous for ALPHA to make your personal information available to companies that ALPHA has a strategic relationship with or that perform works for ALPHA to provide products and services to you on our behalf. These companies may help ALPHA process information, manage, and enhance customer data, provide customer service, assess your interest in its products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with ALPHA’s policies, except if it informs you otherwise at the time of collection.

At times ALPHA may be required by law or litigation to disclose your personal information. It may also disclose information about you if it determines that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

ALPHA takes your privacy very seriously and it does not sell or rent your contact information to other marketers.

ALPHA’s website uses “cookies” and other technologies to help it understand which parts of its websites are the most popular, where its visitors are going, and how much time they spend there. ALPHA uses cookies and other technologies to study traffic patterns on its website, to make it even more rewarding as well as to study the effectiveness of its customer communications. Significantly, ALPHA uses cookies to customize your experience and provide greater convenience each time you interact with it.

ALPHA gathers certain information automatically and stores it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

ALPHA’s website has links to the sites of other companies. ALPHA is not responsible for their privacy practices. ALPHA encourages you to learn about the privacy policies of those companies.

ALPHA may update its privacy policy from time to time. When it changes the policy in a material way a notice will be posted on its website along with the updated privacy policy.

ALPHA’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the ALPHA Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ALPHA’s control, and ALPHA is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

ALPHA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALPHA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ALPHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALPHA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ALPHA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ALPHA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence or any other cause of action.

ALPHA reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will ALPHA be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ALPHA has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold ALPHA, its officers, directors, shareholders, predecessors, successors-in-interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses,including attorneys’ fees, made against ALPHA by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

ALPHA may disclose your personal information (including your identity) when such disclosure is necessary in any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with , intentionally or unintentionally, rights or property of ALPHA, the visitors or users of its Site, including ALPHA’s customers. ALPHA reserves the right, at all times, to disclose any information that ALPHA deems necessary to comply with any applicable law, regulation, legal process or governmental request, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that ALPHA may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ALPHA, for which monetary damages would be inadequate, and you consent to ALPHA obtaining any injunctive or equitable relief that ALPHA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ALPHA may have at law or in equity.

You agree that ALPHA may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) a request from you (self-initiated account deletions), (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

If ALPHA does take any legal action against you as a result of your violation of these Terms of Use, ALPHA will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ALPHA. You agree that ALPHA will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Republic of the Philippines without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts in Makati City, Philippines to the exclusion of all other venue, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises; otherwise, such claim or cause of action shall be barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ALPHA and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve such dispute within a period not exceeding thirty (30) days reckoned from the time of accrual of the cause of action, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under the law.

Void Where Prohibited

ALPHA administers and operates the Site from its location in the Republic of the Philippines; other sites by ALPHA may be administered and operated from various locations outside the Republic of the Philippines. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Republic of the Philippines. ALPHA reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the Republic of the Philippines, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ALPHA with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ALPHA with respect to such use are hereby superseded and cancelled. ALPHA’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ALPHA of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the ALPHA and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback
Any feedback you provide at this site shall be deemed non-confidential. ALPHA shall be free to use such feedback on an unrestricted basis.

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