How you use our Services is extremely important to Alysei Corp., an Illinois corporation (“us,” “we” or “Alysei”), and we are committed to maintaining a strong, meaningful, and enjoyable user experience for you and the other users of our Services.
TheseTerms of Use (“Terms”), along with Alysei’sPrivacy Policy, which is incorporated herein by reference (“Privacy Policy”),set out the terms on which Alysei offers you Services.
These Terms apply to visitors of Alysei’s website, www.alysei.com (the “Site”), any subscribers of Alysei’s memberships, publications, newsletters, notifications, any users of Alysei’s web or mobile application (“Web App” and “Mobile App”), any content contributors to the Site, Web App or Mobile App, any users, viewers, subscribers, or purchasers of Alysei’s products or services, and any of Alysei’s other customers, members, and partners (all of whom may be referred to as “you” herein). The Site, Web App, Mobile App, Alysei’s products, services, and communications promoted, offered, or accessible on the Site, Web App, Mobile App, other Alysei-related websites or applications, and any other Alysei product or services related to the foregoing are collectively referred to herein as “Services.”
We offer a wide range of Services, and sometimes additional terms may apply. When you use a Service (for example, buying wine), you may also be subject to additional guidelines, terms, and agreements of Alysei that are applicable to such Service, which are incorporated herein by reference (“Other Agreements”). If these Terms are inconsistent with the Other Agreements, those Other Agreements will control.
BY CLICKING “JOIN NOW” OR “SIGN UP” (OR SIMILAR PHRASING), USING, REGISTERING, OR ACCESSING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. PLEASE READ THESE TERMS AS WELL AS THE PRIVACY POLICY AND OTHER AGREEMENTS CAREFULLY.
YOU MAY NOT ACCESS OR USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, AND ANY APPLICABLE OTHER AGREEMENTS, (B) ARE NOT AT LEAST 18 YEARS OLD OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW.
YOU HEREBY REPRESENT THAT YOU (A) HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS, PRIVACY POLICY, AND ANY APPLICABLE OTHER AGREEMENTS, (B) WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE SERVICES, (C) ARE AT LEAST 18 YEARS OLD, AND (D) MAY OTHERWISE ENTER INTO AND FORM BINDING CONTRACTS UNDER APPLICABLE LAW.
IF YOU CHOOSE NOT TO ACCEPT THESE TERMS, DO NOT CLICK “JOIN NOW” OR “SIGN UP” (OR SIMILAR PHRASING), OR OTHERWISE REGISTER FOR, ACCESS, OR USE OUR SERVICES.
Alysei is a Business to Business (“B2B”) and Business to Customer (“B2C”) Portal for high quality Italian products in the food & beverage industry sector, designed to connect Italian producers and manufacturers with consumers, importers and distributors in the United States, facilitating the sale of food & beverages to individuals, restaurants, and influential experts (such as chefs, chefs with blogs, chef associations, Italian food specialists, TV shows, magazine and book writers, etc.).
Alysei is developed as a collaborative social platform environment intended specifically for enthusiasts of the “Made in Italy” eno-gastronomy.
Alysei is not a payment processor. Alysei provides a space for sellers and purchasers to sell and buy goods, with payments processed by a third-party, as defined below.
Please note that Alysei is an independent platform host and is not affiliated with nor endorsed by any users of our Services.
While we may provide details concerning a user’s certification, geographic location, announcements, events, products, or services, and/or other guidance in connection with our Services, such disclosure and guidance is solely informational. Also, Alysei has no control over and does not guarantee (A) the existence, quality, safety or legality of anyproducts, items or services advertised through our Services, (B) the truth or accuracy of other users' profiles, pages, or content, (C) the ability of users to connect with each other and enter into any business arrangements, (D) the entering into or success of any business arrangements or relationships between any users, or (E) any services provided by any other users.
Alysei Account..In order to use ourServices, you must register an account with Alyseipersonally. By registering an account with Alysei, you represent and warrant that all information you provide to Alysei is accurate and complete, and you will update such information so that it remains current, accurate, and complete at all times. Providing inaccurate registration information constitutes a breach of these Terms. Alysei reserves the right, in its sole discretion, to reject any request to become a registered user and to suspend or terminate your account at any time and for any reason, with or without cause.Unless we expressly authorize you to do so, you are only authorized to create and use one account for our Services and are prohibited from using fabricate or disguised identities when using ourServices.If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such entityand to bind it to these Terms, the Privacy Policy, and any applicable Other Agreements. Businessaccountsareowned and controlled by the business entities.We reserve the right to reclaim usernames or profiles on behalf of businesses or individuals that hold legal claim or trademark on those usernames.We reserve the right to force forfeiture of any username or profiles that becomes inactive, violates trademark, or may mislead other users.
Verification. You grant Alysei permission to screen, obtain, verify, and record information that identifies you (or your business) regarding the intended use of your account. While Alysei may screen applicants at registration, we are under no obligation to do so. Alysei does not make any representations or warranties, expressed or implied, regarding other users’ identities, registration, accessibility to our services, or profile, including, without limitation, the accuracy, certifications, legality, safety, completeness, or quality thereof. Alysei cannot and does not guarantee the verification of each user’s identity nor the information contained in any profile, the suitability of a user for your intended engagement, nor the user’s ability or willingness to fulfill business obligations, including payment in a timely manner. Accordingly, it is your responsibility to verify the identity of other users and take caution when interacting with them.
Third Party Services. Along with registering an account with Alysei, you may have the option to link your Alysei account with your account from a third-party service provider such as Facebook or Google (“TPSP”). By enabling TPSP access, you are allowing us to pass your login information to these TPSPs for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPSP account. You can revoke our access to any TPSP account at any time by disconnecting your TPSP account via your Alysei account. Please remember that the manner in which a TPSP uses, stores, and discloses your information is governed solely by the policies of the TPSP. Alysei shall have no liability or responsibility for the privacy practices or other actions of any TPSP that may be enabled within our Services.
Purchased Services. Some of our Services may require a fee-based subscription or separate purchase through the Web App, Mobile App or Site, including, without limitation, our Services related to premium access, educational courses, events, job postings, advertisements, travel or vacation purchases, food and beverage purchases, and any other related products or services available for purchase (collectively, “Purchased Services”). The Purchased Services may or may not be offered at any time, and may be modified, supplemented, removed, expanded or otherwise changed in any way, without prior notice.
User Responsibility..You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you declarethat you are using Purchased Services on behalf of a business, you agree that Alysei may share information about your purchases and use ofPurchased Services with that business, including its representatives and agents. If abusiness indicates that you are no longer authorized to act on its behalf, you acknowledgeyou may be removed from accounts associated with that business. If you elect to pay for Purchased Services, you understand that such Purchased Services are personal. You may not resell, transfer, or share access to yourPurchased Services or account name and password withany other party.Any distribution by you of your account name and password may result in cancellation of your Purchased Services without refund and additional charges based on unauthorized use.
Payment..Prices for all Purchased Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise and are in the form of US Dollars. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you buyany Purchased Services, you agree to paythe applicable fees and taxes (if any) set forth on the Site, Web App or Mobile App. We reserve the right, after notice to you, to change the amount of any fees, and to institute new fees for any Purchased Services (will not apply retroactively). We may store and continue billing your payment method even after it has expired to avoid interruptions in your Purchased Services and to pay for additional Purchased Services. When paying for subscription-based Purchased Services, your initial payment method will be saved and billed automatically at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. If a payment cannot be charged to your payment method or your payment is returned to us for any reason, we reserve the right to either suspend or terminate your access to the Purchased Services.
Refund Policy. All purchases are subject to Alysei’s refund policy. To the furthest extent permitted by law, all payments for Purchased Services are non-refundable, including fees and other charges.
Free Trial Service. In certain circumstances, Alysei may grant you access to various Purchased Services for a free trial period. Your free trial will automatically terminate at the end of the trial period. When your free trial ends, you must subscribe and pay for such Purchased Services to continue your access and use. Prior to the end of your free trial, you may receive information explaining how to sign up for Purchased Services.
Cancelling Purchased Services. You may terminate any subscription-based or recurring Purchased Services at any time through your account settings, or by contacting our Customer Support at [email protected]. If you have a dispute relating to any Purchased Services, you may cancel to prevent recurring charges or cease using such Purchased Services. Cancelling subscription-based or recurring Purchased Services is your only remedy regarding any dispute you have related to those charges. We will attempt to process all cancellation requests as soon as possible upon receipt of your request. If we determine, at our sole discretion, that you are not complying with any terms or conditions in these Terms, the Privacy Policy, or applicable Other Agreements, we reserve the right to terminate your subscription-based or recurring Purchased Services, or your entire account. Upon such termination or cancellation, we may immediately deactivate or delete your access to their features and content, or to the entire platform.
By creating an account, using ourServices, or otherwise providing your information to Alysei, you agree that you may receive communications from Alysei, including but not limited to, emails, text messages, newsletters, promotions, special offers, account reminders, and updates. Any applicable charges you incur as a result of communications by Alysei shall be your sole responsibility. You acknowledge that you canremove yourself from non-transaction-basedemailsby clicking the “Unsubscribe” link in the footer of the email.When you use our Services, send emails, text messages, or other communications from your device to us, you are communicating with us electronically. You consent to receive electronic communications from us, such as emails, texts, mobile push notifications, andnotices or messages on the Site or through another TPSP account. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are solely responsible for protecting the confidentiality of your account name and password. You are responsible for restricting access to your devicesand agree to accept responsibility for all activities that occur under your account.You agree to notify Alysei immediately of any unauthorized access to any account name, unauthorized use of your password, or any other security breach regarding our Services.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, or disclosure.Although we work hard to protect all personal information we collect and store, no data security measures are 100% secure, and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, alter, destroy, steal or disclose personal information. Alysei maintains security and incident response plans to handle incidents involving unauthorized access to private information we collect or store.However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to comply with all applicable laws and regulations regarding your use and access to our Services. You agree to not engage in any of the following prohibited activitiesin connection with our Services:
Transaction Types. All non-membership related transactions, for sales and purchases between users, are handled by a third-partypayment processor chosen by Alysei. These transactions are solely between users, either as sellers or purchasers, without any endorsement or regulation by Alysei. The current payment processor chosen by Alysei is Stripe. Stripe will deduct its own fees for processing the transaction. More information about Stripe’s fee structure can be found here: https://stripe.com/docs/revenue-recognition/pricing
Payment Processing. All payment information, including but not limited to buyers’ or sellers’ bank, credit card, checking, and any other financial or personally identifiable information, will be collected by the third-party payment processor. This information will not be collected or retained by Alysei for the purposes of user transactions, although it may be collected separately for other purposes, such as membership.
Fees. Alysei will collect a fee from sellers for each transaction facilitated through Alysei. The fee will be a percentage of the total sale, and is subject to change at Alysei’s discretion. Alysei will inform sellers of the current fee percentage at the time of account creation, and sellers will be required to accept the fee percentage to complete their account registration. Alysei will provide sufficient notice before changing the fee percentage. This fee is nonrefundable.
Returns and Refunds.All returns and refunds are to be handled between the buyer and seller. Alysei will not intervene to force refunds or returns. Purchasers must contact sellers about missing, late, or defective goods or services. Sellers must contact purchasers for payment issues. Do not contact Alysei. Money should be refunded through Stripe as the original payment gateway. Alysei will not refund the transaction fee. Alysei will not collect an additional fee for any returns or refunds.
Conflict Resolution.Alysei will provide a platform tool for purchasers and sellers to communicate regarding any transaction issues, including requesting shipping issues, damaged goods, returns, and refunds. This tool is for direct communication between users, and for documenting exchanges. Alysei does not monitor or record any communications made with the tool.
Alysei will not mediate or arbitrate any user conflicts. Alysei will not force a seller to replace defective goods, accept returns, or issue a refund. Alysei will not force a purchaser to pay for defective or lost goods. If purchaser and seller cannot reach an amicable solution, the parties will submit the matter to binding arbitration, according to the commercial rules of the American Arbitration Association.
Fraudulent Accounts. If a seller or purchaser creates a fraudulent account, as determined by Alysei, the user shall be permanently banned from the platform, and will be prohibited from creating any other accounts on the platform. Account termination and user bans are at Alysei’s sole discretion. While Alysei will endeavor to provide notice of suspected fraudulent activity or concerns, it is not required to do so, and may terminate account immediately upon learning of any fraudulent activity.
Submissions. All submissions, posts, or uploads made using our Services must comply with the above Use of Services. Submissions may be in various media formats as original posts or as interactions with others. In addition to complying with the Use of Services section, submissions must also be materially related to the industry and market of the Alysei community. Alysei reserves the right to remove or edit any submissions, but does not do so regularly.
Ownership of User Submissions. Alysei does not claim any ownership rights in submissions posted on or through our Services. By submitting, posting, or uploading on or through our Services, you hereby grant to Alysei a non-exclusive, fully paid and royalty-free, worldwide, sub-licensable (through multiple tiers) license to use, modify, publicly perform, publicly display, reproduce, and translate submissions and all intellectual property rights contained therein, including, without limitation, distributing part or all of such submissions in any media formats through any media channels. To the fullest extent permitted under applicable law, you waive your right to enforce against Alysei, our assignees, sub-licensees, and their assignees, any intellectual property rights in your submissions.
You represent and warrant that: (a) you own the content you post on or through our Services or otherwise have the right to grant the license set forth above, (b) your posting on or through our Services does not violate the privacy rights, publicity rights, contract rights, intellectual property rights, or any other rights of any third-party, and (c) your posting on or through our Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owed to any third-party due to your post on or through our Services.
Alysei takes no responsibility and assumes no liability for any submissions made by you or any third party.
Monitoring. You agree that Alysei has the right, but not the obligation, to monitor all submissions, content, and other materials, at any time, for any reason, at its sole discretion. Alysei, at its sole discretion and without notice to you, may review, censor or prohibit the transmission or receipt of any submissions which Alysei, deems inappropriate or in violation of these Terms. During monitoring, data may be examined, recorded, copied, and used by Alysei. Use of our Services by you, authorized or unauthorized, constitutes consent to such foregoing monitoring. Alysei is under no obligation to perform such monitoring.
Deletion of Submissions. Alysei reserves the right to delete any submission for any reason, without prior notice, although we will strive to only delete content in violation of our Terms or Privacy Policy. Deleted Submissions may be stored by Alysei in order to comply with certain legal obligations, but are only retrievable with a valid court order.
Alysei is not a backup service. Consequently, we encourage you to maintain your own backup of your submissions. Alysei will not be liable for any modification, suspension or discontinuation of our Services, or the loss of any submissions, to you or any third-party.
Sponsored Posts. Alysei will occasionally make posts for users, either at the users request to boost their profile, or at Alysei’s discretion to boost platform engagement. All users consent to the use of their posted content and marketing materials for theseAlysei created sponsored posts. Users may request Alysei take down sponsored posts, and Alysei may, but it not required to, comply, at its discretion. Users waive any potential claims they may have against Alysei for material used in these sponsored posts, including but not limited to: copyright infringement, trademark infringement, false association, likelihood of confusion, and any other intellectual property rights.
Generally. Alysei respects the intellectual property of others and desires to offer Services that do not contain any content in violation of those rights. These Terms require that information posted by users be accurate, lawful, and not in violation of the rights of third parties. To promote these objectives, Alysei provides a process to submit complaints concerning content posted by our users. Please note that, whether or not we take action on the complaint, Alysei may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the user who posted the content, or take other reasonable steps to notify the user that Alysei has received notice of an alleged violation. It is also our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users, who infringe or repeatedly infringe, the rights of others, or otherwise post unlawful content. Please note that any notice or counter-notice you submit must be truthful and submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Notice of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), Alysei has implemented procedures for receiving written notification of claimed infringements. Alysei has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may send us a written notice identifying the copyright infringement, which contains:
Please submit your notice to our designated copyright agent:
Simona Taioli
P.O. Box 11600
355 E. Ohio Street
Chicago, Illinois 60611-7223
[email protected]
Counter-Notice. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the DMCA. You may send us written notice identifying your Counter-Notice regarding a claim of copyright infringement, which contains:
Please submit your Counter-Notice to Alysei’s designated copyright agent at the address specified above.
While we try to offer reliable data, we cannot promise that any submissions or other content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Alysei is not responsible for examining or warranting any user or third-party submissions or content posted on or through our Services, and you will not attempt to hold us liable for any inaccuracies. It is your responsibility to review and verify any submissions or other content provided by other users or third-parties. The submissions or other content provided on or through the Services may include copyrighted, trademarked or other proprietary materials. You agree to not remove any copyright, proprietary, or identifying markings and to not create any derivative works based on such submissions or other content. If you have any concerns about submissions that are inappropriate, unsafe, or otherwise violate these Terms, you may report such submissions by sending us written notice in accordance with these Terms. Appropriate action will be taken after reviewing such reports.
Our Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by Alysei. Where Alysei provides such third-party links, no representations or endorsements are made in connection with such sites. Alysei has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from our Services, you do so at your own risk, and you understand that these Terms, the Privacy Policy, and any applicable Other Agreements do not apply to your use of such sites. You expressly relieve Alysei from any and all liability arising from your use of any third-party website, services, or content. Additionally, your dealings with or participation in promotions of advertisers found through the Services, including payment, delivery of goods, and any other terms, are solely between you and the third-party. You agree that Alysei shall not be responsible for any loss or damage of any sort relating to your dealings with third parties. We encourage you to be aware of and read the Terms and Conditions as well as the Privacy Policy of any third-party website or service you visit.
Alysei may, at any time, delete, modify or supplement any of the Services without prior notice. Alysei reserves the right, for any reason and at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Services, including, but not limited to, content, features or hours of availability. Alysei may also impose limits on certain features of our Services or restrict your access to all or part of any of the Services without notice or penalty. Alysei does not guarantee continuous, uninterrupted or secure access to the Services. The operation of Services may be interfered with by numerous factors outside of our control. Alysei shall not responsible for any service interruptions or their consequences.
The Services contain trademarks, trade names, content, features, functionality, video, audio, images, displays, works of authorship, text, files, photos, designs and other material of Alysei (“Alysei Content”). Alysei Content and all other intellectual property rights are protected by United States and international laws. Alysei is, and shall remain at all times, the sole and exclusive owner of the Alysei Content and all related intellectual property rights. Alysei hereby grants you a limited, revocable, un-sublicensable, license to reproduce and display the Alysei Content (excluding any software code) solely for your personal use in connection with viewing the Site, Web App or Mobile App and using our Services. The technology underlying any of the Services is the property of Alysei, our affiliates, and our partners Any rights not expressly granted herein are reserved by Alysei.
The name "Alysei" and all other Alysei marks, logos, product and service names, designs, and phrases that we use in connection with our Services are the trademarks, service marks, or trade dress of Alysei, its affiliates, or licensors. You may not use such marks without the express written permission of Alysei. Other company, product, and service names and logos, used and displayed through the Services, may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Alysei, and may not be used by you without permission. Any use of such marks, or any others displayed on or through the Services, will be solely for the benefit of their respective owners.
Indemnification. You agree to indemnify and hold harmless Alysei, its affiliated companies, and their respective officers, directors, employees, managers, agents, successors, and assigns (“Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs) made by any party due to or arising out of your (a) breach of these Terms, (b) improper use of the Services, (c) breach of any laws, or (d) the rights of a third party. Alysei shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that Alysei, at its option and expense, may participate and appear on equal footing with you. You shall not settle any claim or demand without the written consent of the Indemnified Parties, with such consent not to be unreasonably withheld or delayed.
Disclaimer To the fullest extent permitted by law, the Alysei content and the services provided by or through Alysei are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including, without limitation, implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Neither Alysei nor any person associated with Alysei makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Alysei nor anyone associated with Alysei represents or warrants that the services, the Alysei content, nor any other content or submissions posted on or through any of the services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our services or the server that makes such services available are free of viruses or other harmful components, or that any of our services will otherwise meet your needs or expectations. Alysei expressly disclaims any responsibility for any acts or omissions of other users of our services. If you are dissatisfied with our services, your sole remedy is to discontinue using our services. Some jurisdictions do not allow the disclaimer of warranties, so such disclaimer may not apply to you.
Limitation of Liability To the fullest extent permitted by law, in no event shall Alysei be liable for any special, indirect, punitive, cover, incidental, or consequential damages, however caused, whether in contract or tort or under any other theory of liability, including without limitation, loss of revenue, anticipated profits, business or sales, any loss of goodwill or reputation, or the costs of substitute goods or services, even if Alysei or an authorized representative thereof has been advised of the possibility of such damages. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, managers, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
Notwithstanding anything contained herein to the contrary, in no event shall the total liability of Alysei to you or any third party for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, product liability or otherwise) arising from these terms or your access to or use of the services exceed, in the aggregate, $100.00. Some jurisdictions do not allow the exclusion of damages, so such exclusions may not apply to you.
Limitation on time to file claims. Any cause of action or claim you may have arising out of or relating to these terms or your use of our services must be commenced within six (6) months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Release. If you have a dispute with any users of our Services, you release Alysei (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN ENTERING INTO THESE TERMS, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THE RELEASE CONTAINED HEREIN TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Governing law By using any of our Services, you agree that this Policy and your use of the Services shall be governed exclusively by the laws of the State of Illinois without regard to conflict of laws principles, regardless of your location when accessing the Services. This Policy is entered into and performed in Chicago, Illinois, USA. This Policy does not give rise to personal jurisdiction over Alysei, either specific or general, in jurisdictions other than Illinois. If you use our Services from outside the United States, you are solely responsible for compliance with local and international privacy laws.
Dispute resolution. The parties shall attempt to resolve any disputes through good faith business negotiations. Except as otherwise determined by Alysei, in its sole discretion, all disputes or claims arising out of or relating to this Policy shall be settled by arbitration, to be conducted by a single arbitrator in Chicago, Illinois, in accordance with the commercial rules of the American Arbitration Association; provided that the arbitrator shall not have authority to issue injunctions. The costs of the arbitration and the reasonable attorneys’ fees of Alysei shall be included in any award rendered by the arbitrator. The proceedings shall be conducted only in English. Judgment upon the award may be entered in any court having jurisdiction. Other legal proceedings, if any, shall be initiated and maintained in State or Federal court in Cook County, Illinois, and in the event Alysei brings such legal proceeding against you to enforce Alysei’s rights hereof, the costs and expenses incurred by Alysei (including attorneys’ fees) in connection with such legal proceeding shall be paid for by you. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on the grounds of personal jurisdiction, venue, or forum non conveniens.
Amendment of these Terms. Alysei may, modify, add or remove any portion of these Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site, Web App or Mobile App. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Services constitutes acceptance of these Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to these Terms.
Notices Any notice to Alysei must be in writing and must be sent via email to [email protected] and by registered mail or overnight courier to Alysei Corp., P.O. Box 11600, 355 E. Ohio Street, Chicago, Illinois 60611-7223. Any notice to you shall be given by email to the email address provided to you during registration as a registered member, or as subsequently updated by you, or via posting on the Site, Web App or Mobile App, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on or through our Services. If you change your email address, you are responsible for updating your account profile.
Severability Any provision of these Terms held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, shall be severed from these Terms, and the rest shall remain in force. If part of a provision is held invalid or unenforceable, the remainder of the provision will remain in force to the fullest extent permissible.
No Waiver. The failure by Alysei to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision.
No Partnership. No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by these Terms.
Assignment. You may not assign or transfer these Terms or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without Alysei's prior written consent. In the event of a permitted transfer, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. To the extent any novation is required for Alysei to assign these Terms, you hereby appoint the officers of Alysei as your attorney-in-fact to execute all documents necessary to consummate such novation.
Survival. All provisions in these Terms regarding representations and warranties, content, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms.
Force Majeure. Any delay in or failure to perform any duties or obligations of Alysei will not be considered a breach of these Terms if such delay is caused by a labor dispute, market shortages, government interference, unstoppable cyber-attack, fire, earthquake, flood or any other event beyond the control of Alysei, provided that Alysei uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.
Language. If a translation of these Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Terms are provided to you in a language other than English, Alysei does so solely for your convenience.
Entire Agreement. These Terms, the Privacy Policy, and any applicable Other Agreements contain the entire agreement between you and Alysei, and supersede all previous communications, representations, understandings and agreements, either oral or written, between you and Alysei.
If you have any questions or concerns about these Terms, please contact us at [email protected]. You may also direct your comments or questions to the address below:
Alysei Corp.
P.O. Box 11600
355 E. Ohio Street
Chicago, Illinois 60611-7223
[email protected]
Under California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.