PURCHASE AGREEMENT AND RELEASE OF LIABILITY

 

 

 

 

IMPORTANT NOTICE

 

This Agreement governs your purchase of one or more products from Assisted Living Technologies, Inc.  In order to complete your purchase, you must read this Agreement carefully and, at the end of the Agreement, you must click on the check box at the end of the Agreement next to the statement, “I agree to all of the terms of this Purchase Agreement and adhere to them unconditionally” (referred to in this Agreement as the “I Agree Check Box”.

 

If you do not click on the “I Agree Check Box” at the end of this Agreement, you will not be permitted to purchase any product through this website.

 

When you click on the “I Agree Check Box”, you will become legally bound by all of the terms, conditions, and requirements of this Agreement.  You will also be agreeing to all of the releases of liability that are described in this Agreement.  In addition, you will be acknowledging and accepting all of the disclaimers that appear in this Agreement.

 

Do not click on the “I Agree Check Box” unless you agree to all of the terms of this Agreement.

 

 

 

 

  1. 1.     Definitions.

 

When this Agreement refers to “you”, “your”, or “yours”, it means the person who has electronically submitted his, her, or its name through this website and has identified himself, herself, or itself as the person who wishes to purchase the specific product or products that are identified in the electronic “Cart” that the person has electronically submitted to Assisted Living Technologies, Inc., through this website.

 

When this Agreement refers to “ALT”, it means Assisted Living Technologies, Inc.  ALT is the company that is selling a product or products to you under this Agreement.  ALT is a Connecticut corporation.  ALT’s address is 74 South Broad Street, Meriden, Connecticut 06450.

 

When this Agreement refers to the “Product”, it means the product or products that you told us you wish to purchase when you entered them onto the “Cart” page of this website and submitted it to us.  To avoid confusion, the “Product” means the product or products that appear on your Cart page at the time you click on the “I Agree Check Box” at the end of this Agreement.

 

 

  1. 2.     Purchase of Product.

 

By clicking on the “I Agree Check Box” on the screen at the end of this Agreement, you agree to purchase the Product and to pay the total price (including tax and other fees) that appears on the Cart page of this website.  Once you click on the “I Agree Check Box”, you will become legally required to purchase the Product and to pay the total price.

 

 

  1. 3.     Obligations of ALT.

 

This Agreement requires ALT to sell you the Product listed in your Cart and to arrange for the Product to be delivered to you at the address that you provided to ALT when you electronically placed your order.

 

ALT has no other obligations under this Agreement. 

 

The timing of the delivery of the Product to you is not of the essence.

 

The risk of loss or damage to the Product will irrevocably pass to you as soon as the Product has been delivered to the delivery address that you provided to ALT through this website.  If no signature is required for delivery, you will accept all risk of loss or damage (including the risk of theft) as soon as the Product is delivered to that address, even if it is left outdoors and unattended.  The risk of loss or damage will pass to you upon delivery, even if you refuse to accept delivery at the time that delivery is attempted.

 

If ALT is unable to provide the Product to you for any reason, ALT will be excused from all of its obligations to you under this Agreement and ALT will refund to you the money that you paid ALT for the Product.

 

 

  1. 4.     Payment.

 

You are required to pay for the Product electronically at the time you agree to purchase it.  When you click on the “I Agree Check Box” at the end of this Agreement, ALT will process your payment.  Except as described in the Return and Refund Policy that appears on this website, your payment will become final and it will not be refunded to you.

 

If you make payment using a third party payment provider, your use of that service will be subject to the third party provider’s terms, conditions, and requirements.  It is possible that the third party provider will require you to provide information about your bank account or about your debit card account or about your credit card account.  ALT is not responsible for any such requirements.  You hereby agree to indemnify and hold ALT harmless for any costs or liabilities that ALT incurs as the result of the actions of any third party payment provider that you use.

 

If ALT is unable to process to completion your payment for the Product using the payment method that you have provided to ALT, or if, at any time, ALT determines that there is reason to believe that you are unable to pay your debts as they fall due, or if you fail to make any payment that is required by your purchase when or before it is due, or if ALT determines that you have engaged in fraud or criminal activity with respect to your purchase or with respect to your use of the Product, then ALT may take any actions that it is permitted to take under the law, including but not limited to the following: (i) stop the delivery of any Product to you;  and (ii) cancel any other contracts between you and ALT.

 

 

  1. 5.     The Product.

 

ALT has attempted to describe the Products on its website as accurately as possible.  ALT does not warrant, however, that the descriptions of the Product that appear on the ALT website or that are referred to on the ALT website or that appear on any related websites are accurate, complete, reliable, current, or error free.

 

All Product descriptions, photographs, illustrations, specifications, data, and other information that appear on the ALT website or in related materials or that are otherwise communicated by ALT or by the Product manufacturer or by related parties are intended to represent no more than a general illustration or description of the Product and do not constitute a warranty or representation by ALT that the Product will conform to such illustration, description, or other information.

 

 

  1. 6.     ALT Did Not Design or Manufacture the Product.

 

By clicking on the “I Agree Check Box”, you acknowledge that ALT did not design or manufacture the Product or any part of the Product.  The name of the manufacturer of the Product appears on the packaging of the Product and/or in the written materials that accompany the Product.  ALT is the retail seller of the Product.

 

ALT is not responsible for defects, malfunctions, or other problems that you encounter with the Product.  You agree that your sole remedy or recourse for claimed negligence, product defect, liability, or contractual violation caused by the Product lies with the manufacturer of the Product.

 

You will have the benefit of any applicable warranty provided to you by the manufacturer or licensor in connection with the Product.  You should refer to the written materials provided to you with the Product for more information on this.

 

If you encounter defects, malfunctions, or other problems with the Product, ALT will assist you in contacting the manufacturer and in obtaining assistance from the manufacturer under any applicable warranties offered by the manufacturer.

 

You agree that you will NOT seek to hold ALT responsible for any defects in, malfunctions of, or other problems with or caused by, the Product.

 

ALT shall not be responsible for personal injury, property damage, or any other manner of loss or damages sustained by you or anyone else caused by the Product or the reliance by you or anyone else on any aspect of the operation of the Product.

 

To the fullest extent permitted by law, ALT shall have no liability to you in the event that any Product or any ALT action shall be alleged or deemed to infringe any proprietary right of any person or entity.  In the event that any Product or Product usage is or may be the subject of a claim involving the patent, copyright, database right, trademark, trade secret or other legal right, you should refer to the applicable policy of the manufacturer of the Product.

 

 

  1. 7.     ALT PROVIDES NO WARRANTIES.

 

YOU UNDERSTAND AND AGREE THAT ALT IS NOT THE MANUFACTURER OR DESIGNER OF THE PRODUCT.  ALT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT OR ITS OPERATION.  TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, ALT PROVIDES THE PRODUCT TO YOU “AS IS”.  YOUR PURCHASE AND USE OF THE PRODUCT IS AT YOUR OWN RISK.

 

TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, ALT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.  ALT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY PRODUCT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.

 

THE LAWS IN CERTAIN STATES DO NOT ALLOW SOME LIMITATIONS ON IMPLIED WARRANTIES OR ON THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THIS AGREEMENT MIGHT NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  UNLESS ALT AGREES OTHERWISE, OR UNLESS REQUIRED BY APPLICABLE LAW, ANY WARRANTIES DEEMED TO APPLY TO YOU WILL APPLY ONLY TO THE EXTENT THAT YOU ARE A USER OF THE PRODUCT AND NOT A RESELLER OF THE PRODUCT.

 

 

  1. 8.     ALT is Not Responsible for Any Licenses that Might Apply to the Product.

 

If the Product includes or makes use of any intellectual property (including software) that is licensed to you, you will not be the owner of the licensed intellectual property.  You will merely have the limited right to use the licensed intellectual property in connection with your use of the Product.  Your license will be subject to the terms of a license agreement between you and the owner or licensor of the intellectual property.  The manufacturer will make that license available to you.

 

ALT will not be a party to any such license.

 

The licensed intellectual property is provided by ALT as part of the Product on an “as-is” basis.  ALT does not make any warranties or representations with respect to the quality, merchantability, fitness for a particular purpose, or performance of the licensed intellectual property.  If you encounter a problem with any licensed intellectual property, you should refer to your license agreement and contact the manufacturer or the licensor.

 

 

  1. 9.     ALT Does Not Provide Medical Care or Medical Advice.

 

By clicking on the “I Agree Check Box” at the end of this Agreement, you acknowledge that ALT does NOT provide medical care, medical advice, health care, or health advice.  You also acknowledge that you will NOT rely on ALT to provide medical care, medical advice, health care, or health advice.

 

Please consult your physician or another qualified provider of health care if you have any questions or concerns about your health or about the meaning of any data produced by the Product concerning your health.

 

You agree that you will NOT seek to hold ALT responsible for any medical or health consequence that results from your use of the Product.

 

ALT shall not be responsible for personal injury, property damage, or any other manner of loss or damages sustained by you or anyone else caused by the Product or the reliance by you or anyone else on any aspect of the operation of the Product.

 

 

10. ALT Does Not Provide Telecommunications Service

 

If the Product you are purchasing makes use of telecommunications service, you will be given an opportunity to subscribe for that telecommunications service through a third party that will provide that service to you.  When this Agreement says “telecommunications service” it means any form of telephonic or remote communications service, including but not limited to traditional landline telephone and data transmission service, wireless telephone and data transmission service, cellular telephone and data transmission service, and satellite telephone and data transmission service.

 

ALT does not provide telecommunications service.  ALT is NOT responsible for the telecommunications service provided by third parties.

 

In some cases, ALT might send you an invoice for these third party services, but ALT will not be providing the services to you.  A third party will be providing the services to you.

 

By clicking the “I Agree Check Box” at the end of this Agreement, you agree that you will NOT rely on ALT for telecommunication service and that you will NOT seek to hold ALT responsible in any way for telecommunications service or problems with telecommunications service.

 

ALT shall not be responsible for personal injury, property damage, or any other manner of loss or damages sustained by you or anyone else caused by a telecommunication failure of any kind.

 

 

11. ALT Will Not Provide Monitoring Services To You.

 

If the Product you are purchasing makes use of monitoring services, you will be given an opportunity to subscribe for those services through a third party that will provide those services to you.

 

ALT will NOT provide monitoring services to you.  ALT is NOT responsible for the monitoring services provided by third parties.

 

In some cases, ALT might send you an invoice for these third party services, but ALT will not be providing the services to you.  A third party will be providing the services to you.

 

By clicking the “I Agree Check Box” at the end of this Agreement, you agree that you will NOT rely on ALT for monitoring services and that you will NOT seek to hold ALT responsible in any way for monitoring services or problems with monitoring services.

 

ALT shall not be responsible for personal injury, property damage, or any other manner of loss or damages sustained by you or anyone else caused by a failure to monitor, a delay in response, or a failure to respond by any person or entity.

 

 

12. ALT Is Not Responsible for Installing the Product.

 

By clicking the “I Agree Check Box” at the end of this Agreement, you acknowledge that ALT is NOT responsible for installing the Product after you have purchased it.  You are solely responsible for installing and operating the Product.

 

You will NOT rely on ALT to install the Product and you will NOT seek to hold ALT responsible in any way for the installation of the product or for any problems that result from the installation of the Product.

 

ALT shall NOT be responsible for personal injury, property damage, or any other manner of loss or damages sustained by you or anyone else caused by the installation of the Product.

 

 

13. ALT is Not Responsible for Training You to Use the Product.

 

By clicking the “I Agree Check Box” at the end of this Agreement, you acknowledge that ALT is NOT responsible for training you or anyone else to use the Product.  You should rely on the training instructions and services offered by the manufacturer of the Product.

 

You will NOT rely on ALT for any training services whatsoever.  You will NOT seek to hold ALT responsible in any way for training or for problems that result from inadequate training with respect to the Product.

 

ALT shall NOT be responsible for personal injury, property damage, or any other manner of loss or damages sustained by you or anyone else caused by the training or the inadequacy of the training that you received from any person with respect to the Product.

 

 

14. ALT is Not Responsible for Repairing the Product.

 

ALT is not responsible for repairing or servicing products in any way.  If repair or service becomes necessary, you should contact the manufacturer of the Product.

 

By clicking the “I Agree Check Box” at the end of this Agreement, you acknowledge that ALT is NOT responsible for repairing or servicing the Product after you have purchased it.

 

You will NOT rely on ALT to repair or service the Product and you will NOT seek to hold ALT responsible in any way for the repair or servicing of the Product or for any problems that result from the repair or servicing of the Product.

 

ALT shall NOT be responsible for personal injury, property damage, or any other manner of loss or damages sustained by you or anyone else caused by the repair or servicing of the Product.

 

 

15. Disclaimer of Representations Made by Others.

 

ALT does not adopt or endorse representations with respect to the Product made by any other person or entity.

 

 

16. Limit on the Total Amount of ALT’s Liability to You.

 

TO MAXIMUM EXTENT PERMITTED BY LAW, ALT WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT DAMAGES, PUNITIVE DAMAGES, DOUBLE OR TREBLE DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES UNDER ANY CLAIM WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF THIS AGREEMENT, CLAIMS ARISING OUT OF PROBLEMS WITH THE PRODUCTS, CLAIMS SOUGHT AS PART OF A CLAIMED VIOLATION OF THE CONNECTICUT UNFAIR TRADE PRACTICES ACT (CONNECTICUT GENERAL STATUTES SECTIONS 42-110a ET SEQ) OR CLAIMS ARISING UNDER ANY OTHER LEGAL THEORY WHATSOEVER.

 

IF A COURT OF COMPETENT JURISDICTION SHOULD FIND THAT YOU ARE ENTITLED TO MONEY DAMAGES FROM ALT, IT IS HEREBY AGREED THAT THE TOTAL OF SUCH MONEY DAMAGES SHALL NOT EXCEED THE PRICE PAID BY YOU TO ALT FOR THE PRODUCT.  THIS AMOUNT SHALL BE DEEMED TO BE LIQUDATED DAMAGES, NOT A PENALTY.

 

You and ALT agree that any cause of action against ALT arising out of or related to this Agreement or the Product must be commenced within one (1) year after the occurrence of the event giving rise to the case of action.  Otherwise, the cause of action shall be permanently barred.  You and ALT intend this limitation to apply to the fullest extent permitted by law.  The limitation shall survive and termination, expiration, or rescission of this Agreement until fully barred by applicable law and statute of limitation.

 

You acknowledge that the ALT would not have agreed to sell you the Product, or would have required you to pay a substantially higher price for the Product, if you had not agreed to the limitations of liability and disclaimers of warranty that are included in this Agreement.

 

NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS AGREEMENT LIMITS ALT’S LIABILITY TO YOU TO THE EXTENT THAT APPLICABLE LAW PREVENTS SUCH LIABILITY FROM BEING EXCLUDED OR LIMITED.

 

 

17.  Waiver.

 

You understand and acknowledge that each Product has a strictly limited intended use and that you should not and may not reasonably rely upon the Product for anything beyond the scope of the intended use described herein.  Moreover, you understand and acknowledge that there are factors inherently beyond the control of ALT that may prevent or affect the intended use of any Product, including, but not limited to, the loss of electricity, telephone service, broadband internet service, satellite service, cellular telephone service, inclement weather and/or superseding or intervening acts of third parties, including all causes beyond ALT’s control, including, but not limited to, acts of God, acts of government, fire, flood, earthquake and other natural disasters, strikes, labor disputes, riots, terrorism, war, famine, pestilence, acts or omissions of utility companies and of any other cause beyond ALT’S control.  You fully assume all risks associated with the use of each Product and the potential failure of the intended use of the Product, even if due to the NEGLIGENCE of ALT or its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, successors, assigns, attorneys or other representatives.

 

 

18.  Indemnification.

 

In consideration for the Product sold by ALT under this Agreement, you agree to hold ALT and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, successors, assigns, attorneys and other representatives harmless from, and to defend and indemnify ALT and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, successors, assigns, attorneys and other representatives against, any suits, claims, settlements, judgments, costs or expenses relating to your purchase or use of the Product of any kind, including attorney’s fees, contribution, and/or indemnification, whether in contract, common law or by statute, made by any person or entity (or for subrogation by an insurer of such person or entity), including, without limitation, claims by authorized persons, emergency responders, appropriate authorities and persons whose property is under your possession, control or custody, including claims for personal injury, property damage or death, product defect, product liability, loss of business profits, business interruption, loss of business information, loss of goodwill, loss of opportunity, corruption of data, infringement or violation of any copyright, patent or intellectual property right, nonpayment of taxes, withholdings and other government payments, as well as any related liens on account of any claim asserted as a result of, or in relation to, your use or control of the Product, even if due to the NEGLIGENCE of ALT or its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, successors, assigns, attorneys or other representatives.

 

You agree to indemnify and hold harmless ALT against any claim of invasion of privacy, unauthorized disclosure of medical or personal information or conditions, or similar claims relating to your purchase or use of the Product.  

 

You specifically agree to hold ALT and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, successors, assigns, attorneys and other representatives harmless from, and to defend and indemnify ALT and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, successors, assigns, attorneys and other representatives against, any claim or suit initiated by you or on behalf of you.

 

Your agreement to defend and indemnify ALT and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, successors, assigns, attorneys and other representatives, shall apply to all claims relating to your purchase, possession, or use of any Product, regardless of cause, including claims arising from or related to ALT’S performance under this Agreement, acts or omissions in providing services, claims arising from or related to defects or negligence in installation, service, operation or non-operation of any Product, claims arising from or out of signal transmission and/or receipt and claims arising from or out of any NEGLIGENCE by ALT or its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, successors, assigns, attorneys and other representatives, or any third party monitoring service utilized for any Product.

 

You shall notify ALT of any claim, complaint or notice of damage or loss within the scope of this Section and immediately take such action as may be necessary or appropriate to protect the interests of ALT.

 

In the event that a legal claim of any nature or kind whatsoever is made against ALT or its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, successors, assigns, attorneys or other representatives, arising out of or related to your purchase, use, or control of any Product, or ALT’s actions under hold harmless ALT, ALT may, in its sole and reasonable discretion, choose the legal counsel that will represent and defend ALT in any such action or claim.  You will pay any and all fees and expenses of counsel for ALT, or if any such fees or expenses have already paid by ALT, then you will reimburse ALT for these fees or expenses as part of your indemnity and defense obligation under this Agreement.

 

 

19. Rental of Product.

 

If ALT has explicitly offered you the opportunity to rent the Product and you have accepted this offer, then you are renting the Product, not purchasing it.  All of the terms, conditions, and requirements of this Agreement apply with full force to your transaction except that, when this Agreement refers to your purchase of the Product, the Agreement should be read to refer to your rental of the Product.

 

If you are renting a Product, you will abide by all of the terms of rental that appear on the webpage that describes the Product and the terms of rental that ALT is offering.  At the conclusion of the rental period, you shall return the Product to ALT in good condition and working order, as determined by ALT in its sole discretion.

 

If you fail to comply with all rental requirements, ALT shall have the right, but not the obligation to seek to obtain equitable relief and money damages from you in court.  You will pay all of the costs that ALT incurs in seeking such equitable relief and/or money damages.  In such event, ALT will also have the right to keep any deposit money or prepaid amounts that you have paid to ALT.

 

 

20.  Prohibition Against Modification of Product.

 

Some products offered by ALT are required to comply with Federal Communications Commission (“FCC”) Rules and Regulations as Part 15 Devices.  Any changes or modifications to such a product may void FCC compliance and/or render the product inoperable. 

 

You hereby agree to comply at all times with all applicable federal, state and local laws, ordinances, statutes, rules and regulations relating to the Product.

 

 

21.  Notices.

 

Any notice(s) that you are required to provide to ALT, or that you wish to provide to ALT, shall be in writing and sent certified mail, return receipt requested, addressed to ALT at the address that appears in Section 1 of this Agreement.

 

 

22.  Assignment.

 

You may not assign your rights or delegate your duties under this Agreement to any person or entity without the prior specific express written consent of ALT, which ALT may grant or deny in its sole discretion.  ALT has the right to assign its rights and to delegate its duties under this Agreement at any time, at its sole discretion.

 

 

23.  Governing Law.

 

This Agreement, and any dispute occurring hereunder or arising herefrom or relating to the Product, shall be governed by the laws of the State of Connecticut and the federal laws of the United States.

 

You and ALT hereby agree that courts located in the State of Connecticut shall be the sole venue for any litigation that occurs with respect to any dispute relating to this Agreement and/or the Product.  You acknowledge and agree that in the event of a lawsuit between the parties to this Agreement, you will not move for removal of such action to federal court or to any other court if the action is filed in Connecticut Superior Court.  You further agree that you will not move to remand such action to Connecticut Superior Court if the action is filed in Federal District Court for the District of Connecticut.  Nothing in this Agreement shall be deemed to prohibit ALT from moving for removal of any such lawsuit to Federal District Court for the District of Connecticut or moving to remove any such lawsuit to Connecticut Superior Court.

 

 

24.  No Other Promises or Inducements.

 

You hereby acknowledge and affirm that no promise or inducement regarding the subject matter of this Agreement has been made to you that is not described in this Agreement. 

 

You further acknowledge and affirm that, in agreeing to be bound by this Agreement, you are not relying on any statement or representation made by ALT or any person or entity affiliated with or acting on behalf of ALT, concerning this Agreement or anything identified, referenced, or related to the subject matter and contents of this Agreement, except for the representations made in this written Agreement. 

 

You acknowledge that ALT specifically reserves any and all rights that it may have against all persons and entities, whether individual, corporate, or otherwise, arising out of the subject matter of this Agreement in the event of a breach of this Agreement or a default by you thereunder.

 

You further acknowledge and agree that you have carefully read this Agreement and that you know and understand its contents.  You certify that you are agreeing to be bound by this Agreement as your own free act without inducement or duress of any kind or nature whatsoever.

 

 

25.  Survival of Agreement.

 

In the event that any portion of this Agreement is deemed unenforceable, void, or against public policy by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect and will remain binding on you until all matters within the scope of this Agreement are fully and finally barred by applicable law.

 

 

26.  Entire Agreement.

 

This Agreement contains the ENTIRE AGREEMENT, understanding and final expression of the binding agreement between you and ALT with respect your purchase of the Product.  Only those representations stated herein are binding upon you and ALT.  No prior statements, writings or representations of any type, kind or nature may be used to vary the terms of this Agreement.  Any conflict between this Agreement and any other document will be resolved in favor of this Agreement.  In the event of a lawsuit arising out of this Agreement, it is agreed that any prior statements, writing or representations of any type, kind or nature existing between the parties shall have no evidentiary value whatsoever and that it is the parties’ intent that such documents shall not be submitted or received into evidence.  The terms of this Agreement are contractual and not mere recital.  This Agreement cannot and shall not be modified orally before or after the execution of the written Agreement, and any such claimed oral modification is hereby mutually agreed to be unenforceable.  This Agreement may not be amended, waived, altered, modified, changed, rescinded or terminated except by a written instrument executed by both you and ALT, except as otherwise provided herein.

 

You hereby acknowledge that you have read this Agreement and that you understand that, by clicking on the “I Agree Check Box” at the end of this Agreement, you are giving up substantial legal rights.  You hereby warrant and acknowledge that you have not been induced to click on the “I Agree Check Box” at the end of this Agreement by any promise or representation that does not appear in this Agreement.  You acknowledge that you are accepting the terms of this Agreement voluntarily and of your own free will.  You hereby acknowledge and agree that you have had the opportunity to consult with legal counsel regarding this Agreement in that you are making.  The provisions of this Section shall survive the cancellation, termination or expiration of this Agreement and until all matters within the scope of this Agreement are fully and finally barred by applicable law.

 

 

 

EXECUTION OF AGREEMENT

 

You hereby acknowledge that you are signing this Agreement electronically through a website.  You acknowledge that, when you click on the “I Agree Check Box” that appears immediately below this paragraph, you will be entering into a legally binding contract.  By clicking on the “I Agree Check Box”, you will be agreeing to be legally bound by all of the terms that appear in this Agreement.

 

You hereby consent to the use of electronic communications to enter into contracts and to place orders with ALT. 

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