Website Terms

TERMS OF USE

Thank you for your interest in using the services operated by ALOM Technologies Corporation (“ALOM”) and offered through the website located at alom.com (the “Website”).

These terms of use (“Terms”) govern your access to and use of the Website and all services, products, applications, software, programs, tools, materials, content or information available through the website or used in any manner related thereto. ALOM is willing to allow you access to and use of the Website on the condition that you accept and agree to all of the Terms. If you do not agree with the Terms, you are not granted permission to access or otherwise use the Website. By accessing, viewing, or using the Website, you indicate that you have read and understand the Terms herein and, as they may change from time to time, that you agree to them and intend to be legally bound by them. You agree that these Terms incorporate and include ALOM’s privacy policy at https://alom.com/privacy-policy and that ALOM may use any information ALOM obtains about you in accordance with the provisions of the privacy policy. “you” or “your” refers to the individual using the website. If you use the Website on behalf of a corporation, limited liability company, partnership, or other business entity or organization, then “you” shall include that business entity or organization and any individuals associated therewith using the Website, and you are agreeing to these terms on behalf of your organization and representing that you are authorized to do so. If you are using the Website on behalf of a business entity or other organization, you are nevertheless individually bound by these Terms even if your organization has a separate agreement with ALOM.

Services.
1. ALOM provides global supply chain management services and solutions. ALOM supply chain service offerings include: (i) physical supply chain services, including procurement, inventory management, contract assembly, digital media and print as well as omni-channel fulfillment; (ii) data supply chain e-commerce solutions, visibility tools, data management and back-end systems; and (iii) financial supply chain services.
2. Additional Services. ALOM may offer additional online services and solutions in connection with other services that it is providing, which may be subject to additional terms and conditions. The use of ALOM’s customer portal COMPASS™ is governed by the terms and conditions, available at https://alom.com/compass-terms/.
3. Limitations. You agree to comply with and adhere to the Terms and any other policies issued by ALOM related to the Website.

Your Responsibilities. You agree:
1. that you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Website and for paying all charges related thereto; and
2. not to use the Website to:
  1. violate any third party rights or any local, state, national, or international law or regulation;
  2. transmit or create any materials that are abusive, harassing, tortious, defamatory, libelous, or invasive of another’s privacy;
  3. transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
  5. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.

Feedback. If you choose to provide technical, business or other feedback to ALOM concerning the Website or any ALOM products or services (collectively, “Feedback”), ALOM will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by ALOM of Feedback into any of its products or services does not grant you any proprietary rights therein.
Modifications To Terms. ALOM may, in its sole and absolute discretion, change these Terms from time to time. If you visit the Website after a change to these Terms, we will use reasonable efforts to advise you of the change. If you object to any such changes, your sole recourse will be to cease visiting the Website. Continued visits to the Website following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To Website. ALOM reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you for any reason at any time.
Third Party Services; Integration and Links. ALOM may integrate with or provide links to certain third party Internet sites and services (for example, Facebook and Twitter) (collectively, such third parties, “Partners”). The Partner services made available through the Website or the integration of the such sites and services with the Website are for your convenience only and do not signify the endorsement by ALOM of such Partner sites or services. YOU AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ALOM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTS OR OMISSIONS BY PARTNERS, ANY PARTNER SERVICES OR SITES, OR ANY INFORMATION OR OTHER MATERIALS FOUND AT ANY OTHER WEBSITE OR INTERNET RESOURCE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND ALL PARTNER SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, YOUR DOCUMENTS, AND FILES) STORED BY YOU OR OTHERS ON THE WEBSITE IS NOT GUARANTEED AND THAT ALOM WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE WEBSITE OR ITS UNAVAILABILITY. YOU UNDERSTAND AND AGREE THAT ANY DATA, SERVICES AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALOM OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY FROM ALOM NOT EXPRESSLY MADE HEREIN.
2. UNDER NO CIRCUMSTANCES WILL ALOM OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE.
3. IF, NOTWITHSTANDING THESE TERMS OF USE, ALOM IS FOUND TO BE LIABLE, LIABILITY OF ALOM AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
Disclaimer of Warranties. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that ALOM may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ALOM’s liability will be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless ALOM and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. ALOM 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 such case, you agree to cooperate with ALOM’s defense of such claim.
Trademarks. “ALOM”, the ALOM logo, COMPASS™, and certain other names, logos, and materials displayed on the Website, may constitute trademarks, trade names, or service marks (“Marks”) of ALOM or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with ALOM or those other entities.
Copyrights; Restrictions on Use. The content on the Website (the “Content”), including without limitation, text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by ALOM or its licensors. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of ALOM and its applicable licensors; and you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and ALOM with respect to your use of the Website. These Terms and the relationship between you and ALOM will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Website will be brought in the Federal or State courts located in Alameda County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of ALOM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of ALOM and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Website.
Date Last Modified. These Terms were last modified on March 31, 2022.