ALTA VIA TERMS OF USE

ACCEPTANCE OF TERMS

Alta Via Consulting ("Alta Via") makes this Web site (the "Site"; ''altavia.com''), including all information, documents, communications, files, text, graphics, software, research and products available through the Site (collectively, the "Materials") and all services operated or provided by Alta Via and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth on this page and any changes to this page that Alta Via may publish from time to time (collectively, the "Terms of Use"). By accessing or using this Site in any way, including, without limitation, Subscribing to the Site, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Alta Via reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the About Us page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the bottom of each page on the Site to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

DEFINED TERMS

"Alta Via Content" means all Materials provided by Alta Via.

TYPES OF USERS

Please be aware that certain activities on this Site, such as Knowledge Source >> Articles are available only to persons who are covered under a Subscription Agreement with Alta Via ("Subscribers"). That agreement appear on the Subscription Agreement page on this site.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

Copyright, trademark, patent, and/or other intellectual property laws protect the Materials and Services on this Site, as well as their selection and arrangement, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Alta Via and its suppliers, partners and advertisers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Use of Services. When using Services on this Site that are offered by Alta Via, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services, the Subscription Agreement and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the Materials and Services offered by Alta Via, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services are governed by separate license agreements that accompany such services. Alta Via offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Alta Via. You agree that you will not hold Alta Via responsible or liable with respect to the Third Party Services or seek to do so.
Use of Software. Any software and accompanying documentation that is made available, currently or at any time, to download from this Site is the copyrighted and/or patented work of Alta Via and/or its suppliers, partners and advertisers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. In the absence of a license agreement that accompanies the software, the Terms of Use will govern use of the software. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.
Use of Alta Via Content Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Alta Via Content available on this Site subject to the following conditions:

  • The Alta Via Content may be used solely for personal and informational purposes.
  • The Alta Via Content may not be modified or altered in any way.
  • The Alta Via Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
  • You may not remove any copyright or other proprietary notices contained in the Alta Via Content.
  • Alta Via reserves the right to revoke the authorization to view, download, and print Alta Via Content and any such use shall be discontinued immediately upon notice from Alta Via.
  • The rights granted to you constitute a license and not a transfer of title.

 

IMPORTANT EXCEPTIONS: Various sections of the Site, such as Knowledge Source >> Articles showcase the work of professionals. Such works belong to their creators, may be protected by copyright or other proprietary laws, and are available to you per the Terms of Use of this Site only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses. The rights specified above to view, download, and print the Alta Via Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION

For a current list of Alta Via's Marks, as well as certain third party Marks, please refer to Trademark Information page on this site.

PROHIBITED COMMUNICATIONS

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libellous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree:

  • Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
  • Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
  • Not to use or attempt to use another's account, password, service, or system without authorization from Alta Via;
  • Not to access or attempt to access any content which you are not authorized to access;
  • Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

 

MANAGING CONTENT AND COMMUNICATIONS

Although it is not our intention to do so, Alta Via reserves the right, in its sole discretion, to delete or remove content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use or the Subscriber Agreement) without prior notice or liability. Alta Via will from time to time remove content due to storage/disk space restrictions. Such selection of content for deletion is at the sole discretion of Alta Via and will generally but not necessarily be executed on the elapsed time since content was posted and or the applicability of the subject matter to the substance and intent of Alta Via strategy, products and services. In addition, Alta Via reserves the right to delete or remove content if Alta V has a good faith belief that the Terms of Use or the Subscriber Agreement, or any law or regulation has been violated, or that such deletion or removal is necessary to comply with the law or to protect the rights of Alta Via or others.

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to Alta Via products, services, and programs that are not available in your country. These references do not imply that Alta Via intends to announce such products, services, or programs in your country.
The Site is controlled, operated, and administered by Alta Via from its offices within the United States of America. Alta Via makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

PERSONAL INFORMATION AND PRIVACY

To learn about how Alta Via protects your personal information, such as your name and email address, refer to the Alta Via Online Privacy Policy.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ALTA VIA, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ALTA VIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

Alta Via will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide Alta Via a Notice containing the following elements:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  • A description of where the material that you claim is infringing is located on the Alta Via site;
  • Information sufficient to permit Alta Via to contact you, such as your physical address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Alta Via can be contacted through the Contact pages on this site on matters relating to notices of claims of copyright infringement. Please ensure the appropriate classification of your notice so as to ensure correct and expedient handling of it.
ALTA VIA SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO Alta Via AS COPYRIGHT INFRINGEMENT NOTICES WILL NOT BE RESPONDED TO. SUCH INQUIRIES SHOULD BE MADE THROUGH THE FEEDBACK PROCEDURE AND THE APPROPRIATE CATEGORY ON THE CONTACT PAGE.

INDEMNITY AND LIABILITY

You agree to indemnify and hold Alta Via, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, the actions of any other Subscribers, or the unlawful acts of non-subscribers or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by Alta Via from its offices within the state of Tennessee, United States of America. By accessing this Site, you and Alta Via agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Tennessee, without regard to the conflicts of laws principles thereof. You and Alta Via also agree and hereby submit to the exclusive personal jurisdiction and venue of the appropriate Superior Court of Tennessee and the United States District Court for Tennessee as applicable with respect to such matters.

LANGUAGES

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

GENERAL

The Terms of Use, Online Privacy Policy, the Subscriber Agreement and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement (''The Agreement'') between Alta Via and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of The Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of The Agreement shall continue in full force and effect. Any failure by Alta Via to enforce or exercise any provision of The Agreement or related right shall not constitute a waiver of that right or provision or any other rights and provisions per the Terms of Use. The section titles used in The Agreement are purely for convenience and carry with them no legal or contractual effect. Words indicating male gender also include to the female gender and visa versa.
COPYRIGHT NOTICE: Alta Via Consulting. All rights reserved. Any rights not expressly granted herein are reserved.

 

 


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