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Terms of Use

Welcome to www.alchema.com.  This website is owned and operated by Alchema, Inc. (“ALCHEMA”, “we”, “our” or “us).  The term “you”, “your”, “yours” and “user” refer to anyone accessing, viewing, browsing, visiting or using this website, our mobile apps and mobile ALCHEMA sites (collectively, the “Website”).  Please carefully read the following terms (“Terms”) before using the Website. By accessing the Website and its content, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it.  If you do not agree to these Terms, do not use the Website. You represent and warrant that you are at least 18 years of age and have the requisite power and authority or any and all permissions necessary to enter into and be bound by this agreement. If you are under the age of 18, you may use this Website only with the involvement of a parent or guardian.  These Terms may be revised or updated from time to time, as we may change, suspend or discontinue any or all aspects of the Website at any time without prior notice. You are bound by any such revision or update, therefore you should check the Terms periodically for updates. If any revision or update is not acceptable to you, you should discontinue use of this Website.  Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms. If at any time you do not agree to these Terms, please do not access or use the Website or any of its content.

 

YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITE AND ITS CONTENT ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE, ALCHEMA’S PRIVACY NOTICE, AND ALL APPLICABLE LAWS AND REGULATIONS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.  BOTH YOU AND ALCHEMA AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION.  THIS MEANS YOU AND ALCHEMA ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

 

Use of Website.  The content available through the Website, including, without limitation text, graphics, illustrations, designs, photographs, logos, icons, images, media, data, audio, animation, videos, charts, maps, software, writings and any other information and materials (collectively, the “Content”) is the sole and exclusive property of ALCHEMA (or its parent, subsidiaries and affiliates) and/or its licensors.  You agree not to reproduce, duplicate, modify, copy, republish, display, post, download, transmit, sell, resell, distribute or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by ALCHEMA in writing. Use of the Website or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.  Those who access the Website or the Content do so on their own initiative and are responsible for compliance with applicable local laws. You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, post, download, transmit, sell, resell, exploit or create derivative works from any part of the Website or the Content unless expressly authorized by ALCHEMA in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Website or in the Content.

 

Use of Software.  Any software that is available on the Website is the copyrighted work of ALCHEMA (or its parent, subsidiaries and affiliates) and/or its licensors.  Use of the software will be governed by all license terms applicable to that software, including but not limited to any end user license agreement which may accompany or is included with the software.  Copying or reproducing the software to any other server or location for further reproduction or redistribution is prohibited, except as permitted by the applicable license. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software, any updates, or any part thereof (unless otherwise permitted by law).  ALCHEMA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. ALCHEMA DOES NOT WARRANT ANY OF THE SOFTWARE INCLUDED WITH ALCHEMA PRODUCTS OR SERVICES, OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR LINKED SITES, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS, ARE FREE FROM ERRORS/OMISSIONS/DEFECTS, OPERATE ON A CONTINUOUS AND UNINTERRUPTED BASIS, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK.

 

Account Registration.  To sign up for a ALCHEMA account, you need to register and obtain a username and a password.  You must update the personal information you have provided us if it changes. You should protect your account information, including your login ID and password.  You are responsible for maintaining the confidentiality of your account information and restricting access to your computer or device, and you agree not to share your account credentials with others.  All activities on the Website that occurs under your account are your responsibility; you may use the Website and the Content only for lawful purposes. You must notify us immediately if there is any unauthorized use of account.  We (and people authorized by us) may gather and process the information you provide. Your personal information may be stored and processed in U.S.A. or any other country where ALCHEMA (including its parent, subsidiaries, affiliates, consultants, or service providers) has facilities and, by creating an account for service, you consent to the transfer of this information outside of U.S.A.  Please see our Privacy Notice for more information.

 

Term and Termination.  Your account will be effective after you complete the account registration process.  Accounts remain active unless we terminate it or if you notify us by telephone, mail or e-mail of your decision to terminate your account (the termination will be effective when we confirm it in writing). Notwithstanding the foregoing, we reserve the right, at any time in our sole discretion, to terminate your account or your use of the Website or the Content at any time.  You are personally liable for any activities and/or charges that you incurred prior to termination.

 

Prohibited Use.  The Website and the Content may only be used for lawful purposes.  You shall not use them for unintended purposes. You shall not misrepresent the identity of a user or conduct fraudulent activities of any kind on the Website.  You shall not attempt to gain unauthorized access to any portion or feature of the Website, any of the services offered on or through the Website, any other systems or networks connected to the Website, or any ALCHEMA server.  You shall not probe, scan or test the vulnerability of the Website or any service, system, network or server connected to the Website. You shall not breach the security or authentication measures on the Website or any service, system, network or server connected to the Website.  You shall not use any device, software, routine or data to interfere with the service to any user, host, network, or the proper working of the Website. You shall not use any spiders, robots, deep links, frame links, browsers, intelligent agents, or other automatic device, program, algorithm, methodology, or similar process, to search, access, or monitor the Website or the Content.  You shall not trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of ALCHEMA. You shall not forge communications on behalf of ALCHEMA and shall not send unauthorized email on behalf of ALCHEMA. You shall not post or transmit to or from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.  ALCHEMA does not prescreen user submissions, but it reserves the right to edit or remove any submission, including those deemed to violate the Terms. ALCHEMA makes no warranty that it will edit, remove, or continue to permit the display of any specific submission; likewise, it will have no liability whatsoever for editing, removing, or continuing to permit the display of any user submission.

 

Information is Subject to Change.  The Content, prices, fee and rate information, services, product descriptions and illustrations, at or described in this Website, are subject to change at any time without prior notice.  ALCHEMA does not guarantee the accuracy, completeness or timeliness of such information; your use or reliance on any such information is at your “own risk”. Any references to non-ALCHEMA products or services on this Website are for information purposes only and do not constitute a recommendation or endorsement of such products or services by ALCHEMA.

 

Feedbacks and User Submissions.  ALCHEMA does not want to receive confidential or proprietary information from you through the Website.  Any material, information, feedback, input, recipes/recipe ideas or other communication (“Communications”) you transmit or post to this Website will be deemed non-confidential and non-proprietary.  ALCHEMA will have no obligations with respect to the Communications. ALCHEMA (including its parent, subsidiaries and affiliates) and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein in any manner, media and for any purpose, globally, forever, free of charge, without any obligation to you or obtaining any further consent from you.  Notwithstanding the foregoing, personal information that you submit to ALCHEMA for the purpose of receiving products or services will be handled in accordance with the ALCHEMA Privacy Notice.

Responsible Sharing.  The Website may let you share your content with others, including but not limited to social medial and the open web.  Please be careful about what you share; you understand and agree that anything you share is your responsibility and you shall comply with applicable laws and regulations. ALCHEMA is not responsible for anything you share via the Website and will not provide any legal advice.

Ownership and License of Submission.  You warrant you own or control the information, recipes/recipe ideas and/or content you submit to or share on the Website.  By making submission or sharing any recipe/recipe ideas and/or content to the Website, you grant ALCHEMA and its users a perpetual, non-exclusive, transferrable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your submission, recipe/recipe ideas or shared content.  This includes the right to use any recipes/recipe ideas you submit in any manner that we or our users choose, without any obligation to you. Do not make a submission to the Website if you do not agree to this term.

Third Party Web Sites.  The Website may contain links to websites operated by other parties; ALCHEMA has not reviewed all of these third-party sites.  The Website provides these links as a convenience, and your use of these linked sites is entirely at your own risk. ALCHEMA makes no representations whatsoever about any other website which you may access through the Website.  The linked sites are not under the control of ALCHEMA. We are not responsible for the content available on them and do not endorse, approve or sponsor any of them; ALCHEMA disclaims all liability with regard to your access to, use of, or transactions with such linked websites.  It is up to you to take precautions to ensure that for whatever third party website you access that you agree with that website’s terms of use and that the website is free of such items as viruses, worms, trojan horses, harmful components and other items of a destructive nature. You acknowledge and agree that ALCHEMA shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Intellectual Property.  ALCHEMA and the ALCHEMA logo are both trademarks of ALCHEMA, Inc.  You acknowledge and agree that all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by ALCHEMA (or its parent, subsidiaries and affiliates) and/or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws.

Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALCHEMA, ITS PARENT, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONSULTANTS (COLLECTIVELY, THE “ALCHEMA PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE.  IN NO EVENT SHALL ALCHEMA, ANY OF ITS LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, OR THE ALCHEMA PARTIES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. IF WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF ALCHEMA ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES, ON OR THROUGH THE WEBSITE, SHALL NOT EXCEED FIFTY US DOLLARS (US$50).  YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF ANY DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE, AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE ALCHEMA PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WEBSITE OR THE CONTENT.  SHOULD YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT OR DATA, YOU ALSO ASSUME ALL COSTS THEREOF.

Warranty Disclaimer.  YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE, ITS CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE, ARE PROVIDED TO YOU ON AN "AS-IS", “WITH ALL FAULTS” AND “AS AVAILABLE" BASIS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE EXPRESSLY DISCLAIMED.  WE DO NOT WARRANT THAT THE WEBSITE, ITS CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR LINKED SITES, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS, ARE FREE FROM ERRORS/OMISSIONS/DEFECTS, OPERATE ON A CONTINUOUS AND UNINTERRUPTED BASIS, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THE WEBSITE, LINKED SITES, CONTENT AND ANY INFORMATION CONTAINED THEREIN IS AT YOUR OWN RISK. ALCHEMA’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on the Website or the Content should be construed to alter such agreements. ALCHEMA further does not warrant the accuracy and completeness of the Content, materials, software, products or services at the Website, nor does it warrant that any functions of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available is free from viruses or other harmful components.  The Content, materials, software, products and services at this Website may be out of date, and ALCHEMA makes no commitment to update them. Information published at this Website may also refer to products, programs or services that are not available in your country. Consult your local ALCHEMA business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ALCHEMA, ITS PARENT, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, CONSULTANTS AND OTHERS ACTING IN CONCERT WITH IT (COLLECTIVELY, “INDEMNIFIED PARTIES”), HARMLESS FROM ANY LOSS, LIABILITY, COST, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND COSTS, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE WEBSITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, THE REPRESENTATIONS, WARRANTIES OR COVENANTS HEREIN, ANY APPLICABLE LAWS, OR THE RIGHTS OF ALCHEMA OR ANY THIRD PARTY.  You will cooperate as fully as reasonably required on ALCHEMA’s defense of any such claim. ALCHEMA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of ALCHEMA.

Governing Law and Disputes.  These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A. without regard to conflicts of laws principles. You agree that any dispute between you and ALCHEMA arising out of or relating to these Terms, the Privacy Notice, the Website or its Content will be decided exclusively only by binding arbitration, individually and not on a class-wide basis.  You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against ALCHEMA. Any arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and will take place in Santa Francisco, California, U.S.A. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.  The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages. Each party shall bear its own costs, attorney fees and expenses of arbitration. User and ALCHEMA are each waving the right to a jury trial and to participate in a class action.  

Force Majeure.  ALCHEMA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption of services (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation, facilities, fuel, energy, labor or materials.

Miscellaneous.  These Terms and the Privacy Notice set forth the entire understanding and agreement between you and ALCHEMA with respect to the subject matter hereof.  You may not assign your rights or obligations under these Terms to third parties. If any part of these Terms is unenforceable the remainder will not be affected.  A waiver of any of these Terms will only be effective if it is in writing and signed by us.

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