Terms of Use

Alternatch Inc provides the information and services on the Alternatech Inc Website. The Alternatech Inc website will heretofore be referred to as "this site". This site is provided to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of this site constitutes agreement with such Terms.

Before using this site, please carefully read this agreement relating to your use of this site. By using this site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use this site.

Alternatch Inc reserves the right, at Alternatch Inc's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, Alternatch Inc intends to provide users with up to fourteen days of advance notice). Your continued use of the this site following the posting of changes to these Terms will mean that you accept those changes.

Use of this site constitutes full acceptance of and agreement to the Terms; if a user does not accept Alternatch Inc's Terms, he or she is not granted rights to use this site as defined herein, and should refrain from accessing this site.

Alternatch Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all websites (or any part thereof). Alternatch Inc shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

By using this site, you warrant to Alternatch Inc that you will not use this site, or any of the content obtained from this site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use this site automatically terminates.

This site is owned and operated by Alternatch Inc for the purpose of helping our customers as well as attracting future clients (the "Purpose"). This site provide information regarding data recovery, internet tools, and company information.

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Alternatch Inc is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the this site.

Alternatch Inc may establish general practices and limits concerning use of the this site. While Alternatch Inc will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Alternatch Inc has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by this site. Alternatch Inc reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

Alternatch Inc may provide links to other websites. Alternatch Inc exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Alternatch Inc shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

This site's Privacy Statement is applicable only when you are on this site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

Each user shall indemnify, defend and hold harmless Alternatch Inc, and its parent corporation and affiliates and their respective officers, employees and agents, and each of Alternatch Inc's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of this site; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE THIS SITE IS AT HIS OR HER SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND OSTG ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY INFORMATION. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ALTERNATECH INC 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. SPECIFICALLY, ALTERNATECH INC MAKES NO WARRANTY THAT (i) THIS SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF ALTERNATECH INC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ALTERNATECH INC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALTERNATECH INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THIS SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR ANY OTHER MATTER RELATING TO THIS SITE. IN NO EVENT SHALL ALTERNATECH INC'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN ALTERNATECH INC AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, ALTERNATECH INC DOES NOT AND CANNOT CONTROL THE ACTIONS OF THIS SITES USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THIS SITES. OPERATION OF THIS SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY ALTERNATECH INC.

Alternatch Inc, the Alternatch Inc logo and other Alternatch Inc trademarks, service marks, and product and service names are Alternatch Inc trademarks or registered trademarks in the United States and in other countries (the "Alternatch Inc Marks"). All other names and designs may be trademarks of their respective owners. Users may display or use the Alternatch Inc Marks only in accordance with Alternatch Inc's Trademark Use Guidelines.

Alternatch Inc respects the intellectual property rights of others, and requires that the people who use this site do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

(2) identification of the copyrighted work that you claim has been infringed;

(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Alternatch Inc to locate the material, including the full URL.

(4) your name, address, telephone number, and email address.

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If Alternatch Inc receives such a claim, Alternatch Inc reserves the right to refuse or delete Content as described under Section 5.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:

Nathan Lynn
Technical Services Manager, Alternatch Inc
2485 Washington Rd
Washington, IL 61571
nlynn@alternatech.net
309-272-6200

After receiving a claim of infringement, Alternatch Inc will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Alternatch Inc will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Alternatch Inc will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, Alternatch Inc will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days.

You may provide us with a counter notification by providing our copyright agent the following information in writing:

(1) your physical or electronic signature;

(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;

(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Alternatch Inc may be found and that you will accept service of process from the person who provided the initial notification of infringement.

The Terms constitute the entire agreement between each user and Alternatch Inc and govern each user's use of this site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Alternatch Inc shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Tazwell, Illinois . If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Please report any violations of the Terms to the Alternatch Inc Site Director at nlynn@alternatech.net.