Alterna Materials Terms of Use
Updated: March 11, 2024
Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using the website, mobile applications, and services offered by Alterna Materials, Inc. and its subsidiaries and affiliates (collectively, “Alterna Materials”). This Agreement sets forth the legally binding terms and conditions for your use of the website at https://alterna.earth/ (the “Site”), mobile applications, and services provided by Alterna Materials (collectively, the “Services”).
By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. Alterna Materials Services. The Website provides users with information on Alterna Materials (collectively the “Services”).
The Company reserves the right to modify, discontinue or delete all or any part of the Services at any time.
2. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with all applicable laws and regulations.
3. Use of the Services; Restrictions.
A. Use of the Services. Subject to your compliance with these Terms and Conditions and the Privacy Policy, Alterna Materials grants to you a limited, non-exclusive, non-transferable license to access and make personal use of the Website and its Services. By providing us with information or data, including text, software code, music, sound, photographs or graphics, videos or other materials (collectively the “Content”), you acknowledge that you have the right to post or provide such Content and that the Content does not infringe upon, misappropriate or violate any rights of any party.
B. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your use to view, save, print, fax and/or e-mail such information.
4. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
• be false, inaccurate, or misleading;
• be fraudulent or involve the sale of illegal, counterfeit, or stolen property;
• reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
• provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
• remove or modify any copyright or other intellectual property notices that appear in the Services;
• use the Services for resale, service bureau, time-sharing or other similar purposes;
• use the Services in any way that is unlawful, or harms Alterna Materials, its service providers, suppliers, or any other user;
• interfere with a another user’s listing;
• distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
• impersonate another person or misrepresent your affiliation with another person or entity;
• upload invalid data, viruses, worms, or other software agents to the Services;
• interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Alterna Materials may use to prevent or restrict access to the Services;
• conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
• use any of Alterna Materials’ trademarks as part of your screen name or email address on the Services; or
• attempt to, or permit or encourage any third party to, do any of the above.
5. User Materials.
A. User Content Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide to Alterna Materials images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Alterna Materials an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Alterna Materials will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Alterna Materials may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Alterna Materials and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. Alterna Materials will not use client contact information that is uploaded by agents for any purpose.
B. User Content Disclaimer. Alterna Materials is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. Alterna Materials may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials that in Alterna Materials’ sole judgment violate these Terms of Use or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Alterna Materials with respect to User Materials. Alterna Materials expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform to these Terms of Use, Alterna Materials may investigate the allegation and determine in Alterna Materials’ sole discretion whether to remove the User Materials, which Alterna Materials reserves the right to do at any time and without notice. For more information on Alterna Materials’ handling of infringing content, please see Section 10 below.
B. User Content Restrictions. As part of your use of the Services, you may obtain personal information, including email address and home address information, from another Alterna Materials user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Alterna Materials-related communications. Alterna Materials has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Alterna Materials user to your email or physical mail list. For more information, see Alterna Materials’ Privacy Policy.
C. Idea Submissions. Alterna Materials considers any unsolicited suggestions, ideas, proposals, or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Alterna Materials shall not be liable for the disclosure or use of such Material. If, at Alterna Materials’ request, any member sends Material to improve the site (for example through customer support), Alterna Materials will also consider that Material to be non-confidential and non-proprietary and Alterna Materials will not be liable for use or disclosure of the Material. Any communication by you to Alterna Materials is subject to this Agreement. You hereby grant and agree to grant Alterna Materials, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
6. 3rd Party/Linked Services/Sent information. The Services include links to third-party products, services and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under Alterna Materials’ control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Alterna Materials does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Alterna Materials may transfer the applicable User Information or other information to the applicable third parties, which are not under the control of Alterna Materials. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Alterna Materials is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
7. Intellectual Property. The Services are owned and operated by Alterna Materials. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Alterna Materials Resources”) provided by Alterna Materials are protected by intellectual property and other laws and are the property of Alterna Materials or Alterna Materials’ third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Alterna Materials Resources, and Alterna Materials reserves all rights to the Alterna Materials Resources and Services not granted expressly in these Terms of Use. Alterna Materials’ trademarks and trade dress may not be used, including as part of trademarks or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
8. Access and Interference. Alterna Materials may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Alterna Materials is updated on a real-time basis and is proprietary or is licensed to Alterna Materials by Alterna Materials’ users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Alterna Materials for any purpose whatsoever, without Alterna Materials’ prior express written permission. Additionally, you agree that you will not:
• Take any action that imposes, or may impose, in Alterna Materials’ sole discretion, an unreasonable or disproportionately large load on Alterna Materials’ infrastructure;
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in policies set out on the Site, except to the extent expressly permitted by prior express written permission of Alterna Materials and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; and
• Bypass Alterna Materials’ robot exclusion headers or other measures Alterna Materials may use to prevent or restrict access to Alterna Materials.
9. DMCA; Claims of Copyright Infringement. Alterna Materials respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Alterna Materials’ copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By mail:
Alterna Materials
2601 S. Lemay Ste 7 – 114
Fort Collins, CO 80525
Attention: Copyright Agent
By e-mail:
info@Alterna.earth
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
10. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting info@Alterna.earth. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Alterna Materials to use the Services will terminate automatically. In addition, Alterna Materials may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. Alterna Materials may alter, suspend or discontinue the Services or any portion of the Services without notice. Alterna Materials will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. Alterna Materials reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
11. Privacy Policy/Other Terms.
A. Privacy Policy. Alterna Materials will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services.
12. Indemnification. You agree to indemnify, defend, and hold harmless Alterna Materials, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. Alterna Materials reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with Alterna Materials’ defense of that claim.
13. No Warranty. Alterna Materials, Alterna Materials’ subsidiaries, officers, directors, employees, and Alterna Materials’ suppliers provide Alterna Materials’ web site and services “as is” and without any warranty or condition, express, implied or statutory. Alterna Materials, Alterna Materials’ subsidiaries, officers, directors, employees and Alterna Materials’ suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Alterna Materials shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
14. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL ALTERNA MATERIALS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF ALTERNA MATERIALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTERNA MATERIALS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (IE) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF ALTERNA MATERIALS AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (X) THE AMOUNT YOU HAVE PAID TO ALTERNA MATERIALS FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (Y) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
15. Choice of Law; Disputes.
A. Disputes with Alterna Materials. In the event a dispute arises between you and Alterna Materials, please contact Alterna Materials. Any dispute arising from or relating to the subject matter of this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that the state and federal courts in the State of Delaware shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising under the terms of this Agreement and the transactions contemplated herein. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Alterna Materials agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
B. Disputes with Users or Third Parties. In the event a dispute arises between you and another user or a third party, Alterna Materials encourages you to contact the user or third party to resolve the dispute amicably. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Alterna Materials (and Alterna Materials’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
16. General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Alterna Materials may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Alterna Materials’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Alterna Materials with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Alterna Materials with respect to the Services. Sections 5 (Fees), 6 (User Materials), 8 (Intellectual Property), 9 (Access and Interference), 11 (Termination/Changes to Agreement), 12 (Privacy Policy/Other Terms), 13 (Indemnification), 14 (No Warranty), 15 (Limitation of Liability/Exclusive Remedy), 16 (Choice of Law; Disputes) shall survive any termination or expiration of this Agreement.
17. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18. Notices and License Disclosures. Except as explicitly stated otherwise, any notices shall be given by postal mail to Alterna Materials; Attn: Legal Department; 2601 S. Lemay Ste 7 – 114Fort Collins, CO 80525 (in the case of Alterna Materials) or, in your case, to the email address you provide to Alterna Materials (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Alterna Materials may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Alterna Materials. In such case, notice shall be deemed given three days after the date of mailing.