ALPAS WEBSITE 2021
TERMS OF USE

INTRODUCTION

ALPAS Philippines, Inc. (“ALPAS”) provides to you this website (“Site”) for your personal informational, educational, and entertainment use. The following Terms of Use govern your access and use of this Site. Please read these Terms of Use carefully before using this Site. Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Site (the “Content”) and to specific content, data, materials, or information you may upload, submit and/or publish to the Site (“User Content”). Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

 

When used in these Terms of Use, “we” and “our” means ALPAS, and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses this Site.

 

  1. ACCEPTANCE OF TERMS OF USE

By accessing, browsing, or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.

 

  1. MODIFICATION OF TERMS

These Terms of Use may be amended by ALPAS, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Site, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other ALPAS websites and microsites may have their own terms of use that apply to such websites.

 

  1. PRIVACY POLICY

Personal information provided through this Site shall be used in accordance with ALPAS’ Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Site.

 

  1. COPYRIGHT AND TRADEMARKS

You acknowledge that all content on this Site, including, without limitation, the Site’s design, graphics, text, formatting, sounds, pictures, videos, images, user interfaces, page headers, custom graphics, button icons, scripts, software, trademarks, service marks, trade names, trade dress, logos and other materials and information on this Website, and the selection and arrangement thereof (collectively, the “Content”), is owned, controlled or licensed by or to ALPAS, and is protected by the United States and international copyright, trademark and various other intellectual property laws and rights. Except as expressly authorized in these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Content in any form or by any means, without the prior written authorization of ALPAS. ALPAS authorizes you to view and download the Content, provided that (i) you use the Content only for your own personal, non-commercial use, (ii) you keep intact all copyright and other proprietary notices contained therein, and (iii) you do not modify or adapt the Content in any way. All rights to the Content not expressly granted in these Terms of Use are expressly reserved to ALPAS.

 

If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

1)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2)    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3)    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4)    Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5)    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6)    A statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

All notices should be sent to our designated agent at the following:

 

ALPAS Philippines, Inc.

Attn: Corporate Development

Unit 408 Continental Plaza

Annapolis St., Greenhills

San Juan City, Philippines

+632 7625 3775

 

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

 

  1. LINKS TO THIRD PARTY WEBSITES

Links on the Site to third-party websites are provided only as a convenience to you and are not an endorsement by ALPAS. When you click on these links, you will leave the Site. We are in no way responsible for examining or evaluating these third-party sites. You agree that ALPAS and its affiliates will not be responsible or liable for any content, goods, or services provided on or through these outside websites or for your use of or inability to use such websites. Your use and access these third-party websites at your own risk. ALPAS recommends that you make yourself aware of and read the legal and privacy notices of all the third-party websites that you visit.

 

  1. DISCLAIMER OF WARRANTIES

ALPAS strives to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Site.

 

THE SITE AND THE CONTENT CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALPAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALPAS MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY

Neither ALPAS nor its affiliates shall under any circumstances be liable for any damages of any kind arising out of, in connection with, or relating to your access to, or use of or inability to use this site or any material, or any other website you access through a link from this site, or any incorrect or inaccurate information on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental, or consequential damages (including but not limited to property damage, loss of use, loss of data, loss of business, economic loss or loss of profits), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if ALPAS has been advised of the possibility of such damage or loss. To the maximum extent permitted by applicable law, you expressly waive all claims against ALPAS and its affiliates and their officers, directors, employees, suppliers, and programmers that may arise from your access or use of this site.

 

  1. INDEMNIFICATION AND RELEASE

You agree to indemnify, defend and hold harmless ALPAS and its affiliates against all claims, demands, causes of action, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, resulting from or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, any message or material that you submit to, post on or transmit through the Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

 

If you have a dispute with one or more users, you release ALPAS and its affiliates 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.

 

  1. NO UNLAWFUL OR PROHIBITED ACTIVITY

As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

ALPAS reserves the right, in its sole discretion, to suspend or terminate your access to this Site and prohibit any and all current and future use of this Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Site.

 

  1. SITE SERVICE

ALPAS reserves the right at any time and from time to time to add, modify, delete or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or consent. ALPAS and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Site.

 

  1. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by, and construed in accordance with, the laws of the Philippines, without giving effect to any principles of conflicts of law. ALPAS makes no representations that the material and information on this Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Site or to these Terms of Use shall be brought exclusively to the courts sitting in the Philippines. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of any action relating to this Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

 

  1. SEVERABILITY

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

 

  1. NO WAIVER

The failure of ALPAS and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision and shall not be considered a waiver or limit ALPAS’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.