Terms and Conditions

EFFECTIVE AS OF March 12, 2017

These Terms of Use (these “Terms”) apply to such Aluma website located at www.alumaconnect.com and the Aluma Connect application, and any other website or application offered by us, or our subsidiaries and affiliates which references or links to these Terms, including Aluma sites around the world (collectively, the “Site”) and to any services provided on or in connection with such Site (collectively, the “Services”). The site is the property of Aluma International Ltd. (“Aluma,” “we” or “us”).These Terms do not apply offline and do not alter the terms of any other agreement that you may have with us or our subsidiaries and affiliates. These Terms do not apply to any third -party websites or services linked or referenced by our Site. You should refer to the respective privacy policies of such third- party services to determine your privacy rights with respect to such services.

PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THE SITE AND/OR OUR SERVICES REFLECTS YOUR ACCEPTANCE OF THESE TERMS. BY ACCESSING AND USING THE , YOU AGREE TO BE BOUND BY THESE TERMS OF USE. If you disagree with any portion of these Terms, your sole remedy is to immediately discontinue using the Site and our Services. Your access of our Site for the limited and exclusive purpose of reviewing these Terms of Use does not constitute your acceptance unless you make any further use of our Site.

Privacy

Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to the Site. The Privacy Policy is hereby incorporated and made part of these Terms.

  1. Who May Use Our Services. Except as otherwise set forth herein, you may only use our Services and the Site if you can form a legally binding contract. You must use the Service and Site in compliance with these Terms and all applicable laws. When you create your account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Creation of an independent account by anyone under the age of 13 is strictly prohibited. In addition anyone under 13 may only accept invitations from parents/legal guardians to join their account and can only do so with parental consent in accordance with the terms of our Privacy Policy and Children’s Online Privacy Protection Act (“COPPA”) Privacy Policy. Certain services and features of the Site may have additional requirements and/or restrictions.

You understand and agree that the Site and the Services are not intended to be a replacement for 911 in the event of an emergency. You and members of your designated Social Safety Network have access to 911 through the Site and Services as an available feature for ease of use by a user or SSN as needed and also have the ability to dial 911 directly. In the event of an emergency, always call 911 immediately.

Any medical advice offered on the Site or in connection with the Services, if any, is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay in seeking it because of something you have read on the Site or in connection with the Services. You understand and agree further that the Site and Services are not intended to serve as a “medical device” for use in the diagnosis of disease or other conditions, or the cure, mitigation, treatment, or prevention of disease. In addition, you understand and agree that the Site and Services are not intended to serve as a “personal health record system” as it is not intended to manage, share, and/or control identifiable health information drawn from multiple sources. You further agree that you will not use or rely on any information on the Site and Services as professional advice.

You understand and agree that your immediate oral communications, including in-person conversations, utterances and other exchanges of you and/or between you and whoever or whatever is in your presence, will be recorded and collected via initiation of the silent alert emergency feature of the Site and Services which initiates a digital audio recording function. This recorded information will be stored locally on your device and will not be stored by or transmitted to the Site or Services.

You understand and agree that Aluma does not make any representations or warranties concerning the availability, performance, quality or results of the Site or the Services or that the Site or the Services will successfully prevent, deter or resolve any events. The Service and the Site are not designed nor do they provide any deterrent to any external activity that you as a user may encounter or be exposed to, whether criminal or otherwise. Aluma is not liable for the actions or inactions of any user, 911 center, emergency responder, assistance provider or any other third party.

  1. Mobile Services. If permitted or available through any feature of the Site, and you access the Site using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable message and data rates and fees imposed by your wireless carrier, and for complying with all terms of use imposed by your wireless carrier. You are also responsible for having a mobile device that is compatible with the software and/or applications made available by Aluma. Aluma does not represent or warrant that the software made available will be compatible with your mobile device.
  2. Use of Site Content.Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site, for any commercial purpose or enterprise, without our prior written permission. You may not use the Site or any content within the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Aluma, its subsidiaries and affiliates or other individuals.

You may display the pages of the website and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the pages from the Site solely for your own internal, noncommercial, lawful use. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or platforms through the Site, (c) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any content on Site, or (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site to its source. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

We reserve the right, at any time, to modify, suspend or discontinue our Site and/or any content provided on the Site without notice to you.

  1. Accounts and Passwords. Visitors may have limited ability to visit and browse the Site, but will not have full access to the Services without first creating an account. When you set up an account, you are required to complete a profile and submit certain personal information to Aluma. We may issue you, or enable you to establish, a username and password for the Site. You are responsible for maintaining the confidentiality of your account information and account password, and for any activity that occurs under your account, including any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information. You will (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site. You may not use anyone else’s password or account at any time on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by Aluma or any other user to the Site if your failure to keep your account information secure and confidential results in someone else’s use of your account, password and account information.
  2. Intellectual Property. Aluma and its licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, the Services, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership in, or rights to, any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of Aluma. The collective work includes works that are licensed to Aluma. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Aluma, its subsidiaries and affiliates and their respective licensors. These Terms do not grant any license or other authorization to use the Marks.

Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.

If you believe that material on our Site infringes your rights under copyright law, please contact us by U.S. Mail at the following address: 504 Rhett Street, Greenville, South Carolina 29601. Your letter should include:

  • A detailed description of the copyrighted work that is allegedly infringed;
  • A description of the location of the allegedly infringing material;
  • Your contact information, including your address, telephone number, and, if available, email address;
  • Your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
  • Your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
  1. Your Data.You agree that you are solely responsible for the accuracy of any and all information input by you or provided by you to Aluma for use in conjunction with the Services, the Site or to provide any other services to you (the “User Data”). You agree that User Data shall not include, and you shall not provide to Aluma, anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious. You authorize Aluma to collect, access, store, modify, publish, display, create derivative works of, and otherwise use your User Data in order to provide the Site and the Services and as otherwise set forth in these Terms.
  2. Unsolicited Submissions. Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes Aluma’s property upon receipt, including all rights therein, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation to you. By providing us with any Unsolicited Submission, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Unsolicited Submission(s). Aluma does not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.
  3. Acceptable Use. You are prohibited from using our Services or the Site to share content that:
  • Contains illegal content or promotes illegal activities with the intent to commit such activities.
  • Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
  • Stalks, harasses or harms another individual.
  • Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
  • Violates intellectual property, privacy, or other rights of third parties. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights.
  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
  • Interferes with the Site or Services.
  • Otherwise violates our Terms of Use or Privacy Policy.

You also are not allowed to:

  • Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your password, let anyone access your account, or do anything that might put your account at risk.
  • Attempt to access any other user’s account.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Site or Services, unless specifically authorized to do so.
  • Access, tamper with, or use non-public areas of our systems, or the technical delivery systems of our providers, unless specifically authorized to do so.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things under this Acceptable Use section.
  1. Linking. The Site may contain links to other websites and content, which may be of interest to you. Aluma is not responsible for the content or use of any other websites linked to the Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.
  2. Electronic Communications.The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
  3. Paid Services.

General Information. Some of our Services may be available without charge, but generally Aluma offers it Services for a charge. Some of our Services require certain access rights to use such Services, for example, you may have to enter an access code or set up an account. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. Aluma reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit or debit card charged. If your debit or credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your debit or credit card account in the amount of the charge.

If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Aluma reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as determined by Aluma.

Use of Third-Party Payment Processor. Any credit card or debit card payments made by you via the Site are processed by a third-party payment processor. The payment processor may not support all payment methods, currencies or locations for payment. Please review all payment and transaction policies available on the Site and/or contact your credit card issuer for more information. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor in addition to these Terms of Use.

Your Representations and Authorization. By providing Aluma with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Aluma to charge you for the services using your payment method; and (iii) authorize Aluma to charge you for any paid feature of the services that you choose to sign up for or use while these Terms are in force. We may bill you (a) at the time of purchase; (b) shortly after purchase; or (c) on a recurring basis for subscription plans. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription plans. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.

Subscription Plans. Aluma intends to offer various monthly subscription pricing options. When you purchase the Services on a subscription basis, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Aluma by the method you have chosen at the recurring intervals chosen by you, until the subscription for that service is terminated by you or by Aluma. By authorizing recurring payments, you are authorizing Aluma to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Aluma or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account for such subscription services, you authorize us or our service provider to continue billing that payment method and you remain responsible for any uncollected amounts. You may cancel a subscription plan at any time, with or without cause. Please contact Info@alumaconnect.com to cancel the subscription plan. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.

  1. Modifying and Terminating Our Services. We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Aluma may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available. None of Aluma, its participating institutions, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents shall have any liability to you for any such action. You can stop using our Services and/or Site at any time.
  2. Disclaimers. 

THE PRODUCT AND THE SITE IS DESIGNED SOLELY TO ASSIST YOU IN ENHANCING YOUR ABILITY TO TAKE CONTROL OF YOUR OWN PERSONAL SAFETY BY ALLOWING YOU TO CONNECT WITH YOUR OWN, SELF-SELECTED SOCIAL SAFETY NETWORK. THE SERVICE AND THE SITE ARE NOT DESIGNED NOR DO THEY PROVIDE ANY DETERRENT TO ANY EXTERNAL ACTIVITY THAT YOU AS A USER MAY ENCOUNTER OR BE EXPOSED TO, WHETHER CRIMINAL OR OTHERWISE.

THE SITE AND SERVICES DO NOT INCLUDE SPECIFIC DRIVER PROTECTION SERVICES AND DOES NOT ASSIST IN THE DETECTION OF VEHICULAR CRASHES OR ACCIDENTS OF ANY KIND.

WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE SITE AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN.

THE SERVICE AND SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SOFTWARE, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.ALUMA WILL USE REASONABLE EFFORTS TO CORRECT ANY DISCOVERED DEFECTS IN THE SITE OR SERVICES. HOWEVER, YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONTENT PROVIDED BY, OR THE CONDUCT OF, ANY USER AND YOU BEAR THE ENTIRE RISK OF USING THE SITE AND SERVICES AND ANY INTERACTIONS WITH OTHER USERS.

ALUMA DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALUMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, DATA ACCURACY, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

ALUMA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

ALUMA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING (I) THE USE OF CONTENT ON THE SITE, OR (II) WITH RESPECT TO THE COMPLETENESS, ACCURACY, QUALITY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE OF THE CONTENT, SITE OR SERVICES, OR (III) THAT THE SITE, SERVICES OR RESULTS FROM USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE SITE OR THE SERVICES OR SITE WILL BE AVAILABLE AND/OR UNINTERRUPTED AT ANY PARTICULAR TIME OR LOCATION.

ALUMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ALUMA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. OU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.

  1. Limitation of Liability.IN NO EVENT SHALL ALUMA, ITS SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS IN CONTENT, WHETHER PROVIDED OR POSTED BY THE PROTECTED ENTITIES OR OTHER USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE, EXCEED THE GREATER OF (A) $100.00 (UNITED STATED DOLLARS), OR (B) THE AMOUNT PAID BY YOU FOR SERVICES PURCHASED THROUGH THE SITE AND THAT ARE THE SUBJECT OF THE CLAIM.

Because some jurisdictions do not allow certain limitations on warranties, or the exclusion or limitation of liability for consequential or incidental damages, the above disclaimer and limitations may not apply to you. The above disclaimer and limitations apply in New Jersey.

  1. Indemnification. You agree to indemnify, defend, and hold harmless Aluma, its subsidiaries and affiliates, and any of their respective officers, directors, members, partners, shareholders, employees, agents, licensors or service providers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site or the Services, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, your violation of any third party right or your violation of these Terms of Use, or of any activity otherwise related to your use of the Site or the Services (including negligent or wrongful conduct), by you or any other person accessing the Site or Services using an account registered to you.
  2. Jurisdictional Issues.The Site is operated out of the United States. Aluma makes no representation that the Site, materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are solely responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.
  3. Miscellaneous.These Terms and Conditions and the relationship between you and Aluma are governed in all respects by the laws of the State of South Carolina, United States, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of South Carolina. Specifically, any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Service shall be settled in the courts of competent jurisdiction in South Carolina and you agree to submit to the personal jurisdiction of such courts. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Aluma from seeking any injunctive or other equitable relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of any Aluma confidential information and intellectual property rights or to prevent loss of data or damage to its servers.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred.

A failure or delay by Aluma to insist upon, exercise or enforce strict performance of any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and Aluma and govern your use of the Product, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Aluma (including, but not limited to, any prior versions of the Terms of Use). The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Aluma may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

  1. Revisions to Terms.Aluma reserves the right at any time to without notice modify or discontinue, temporarily or permanently, this or any Site or any portion thereof. Aluma may also, at any time, revise these Terms of Use. Any such changes to the Terms of Use will be posted on this page, and we will update the “Updated and Effective” date to reflect the date of the changes. By continuing to use this or any Aluma site after the posting of such changes, you are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use.
  2. Third Party Trademarks. Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Nordic Bluetooth® word mark and logos are registered trademarks owned by Nordic Bluetooth. and any use of such marks by Aluma is under license. All other trademarks and trade names are properties of their respective owners.
  3. Contact Us.We welcome your questions and comments about our Terms of Use. Please contact us by e-mail at Info@alumaconnect.com.