PRIVACY STATEMENT

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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email Contact: Accepting our privacy policy, you give the express consent to Alphalyst to contact you and/or send to you commercial communications by any means, including electronic communications, to inform about our products, services, offers, or any commercial content related to us or our products or services which, at Alphalyst’s discretion, may be interesting to you. If you do not want to receive commercial communications, you can always opt-out by following the unsubscribe instructions provided in each such communication. To opt-out of commercial communications sent by any medium, including third party social networks, you can opt-out at any time by logging into the website/app and adjusting your user preferences in your account profile by unchecking the relevant boxes. Please note that even if you opt-out from receiving commercial communications, you may still receive administrative communications from Alphalyst, such as transaction confirmations, notifications about your account activities (e.g., account confirmations, password changes, etc.), and any other important announcements. 

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at support@alphalyst.com or mailing us at: Alphalyst, Inc 11244 Creek Haven Dr, Riverview, FL, 33569, United States.

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - ALPHALYST

We have an online e-commerce platform that allows to sell products to you.

Your data is stored through Alphalyst’s data storage, databases and the general Alphalyst application. We store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Alphalyst stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Alphalyst’s Privacy Statement here.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s app or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our app’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our app. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

COOKIES

We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. In some instances, our third party service providers may use cookies. We cannot control or access cookies used by third party service providers. This Privacy Policy covers only Cookies used by us, and not any cookies used by third parties. You have the ability to either accept or decline the use of cookies on your computer, whether you are registered with us or not by clicking ok in the web site pop up window related to the use of cookies. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the App and the Service, including without limitation, certain interactive features of the App.

SECTION 7 - AGE OF CONSENT

By using this app, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at support@alphalyst.com or by mail at Alphalyst, Inc

[Re: Privacy Compliance Officer]
[11244 Creek Haven Dr, Riverview, FL, 33569, United States]

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RETURNS - REFUNDS

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Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:

* Gift cards
* Some health and personal care ítems-

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at support@alphalyst.com.

Sale items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at support@alphalyst.com and send your item to: 11244 Creek Haven Dr, Riverview, FL, 33569, United States.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping

To return your product, you should mail your product to: 11244 Creek Haven Dr, Riverview, FL, 33569, United States.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Terms of Use

Welcome to Alphalyst, Inc.! The following Terms of Use outline your obligations when using our mobile application (“App”) or Service (as defined herein), or any of the information, text, graphics, videos, or other files, materials, data or content of any kind whatsoever created or provided by or through the App or the Service or through your ability to sell products on the App and generate User Contributed Content (as defined herein). Please also review our Privacy Policy, which is a part of these Terms of Use and which outlines our practices towards handling any personal information that you may provide to us.

Acceptance of these Terms of Use
The App and the Service are owned and operated by Alphalyst, Inc. (“Alphalyst,” “we,” or “us”) and are accessed by you under the Terms of Use described herein (“Terms of Use” or “Agreement”). Please read these Terms of Use carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

Modifications of these Terms of Use
We may revise these Terms of Use from time to time, and the most current version will be available on the App. If the revision(s), at our sole discretion, is considered a material change we may attempt to notify you by posting an announcement on the App. You are responsible for reviewing and becoming familiar with any modification, and you agree to be bound by such modifications or revisions. Use of the App or the Service after any such revision(s) constitutes your acceptance of the terms and conditions of these Terms of Use as modified.

Description of the Service; Disclaimers and Releases
The key functionality of Alphalyst is to provide a social marketplace where users can (i) advertise 4Life Research products for sale as a Distributor of 4life Research, LLC (each a “Selling User”) and make connection to a future 4Life Research customer or future Distributor of 4Life Research, LLC (each a “Buying User”), (ii) share your user information with other persons, including without limitation, your profile picture, Listing Information and other images, photos, videos, messages, data and personal information, (iii) interact with other users, including without limitation, giving other users the ability to see your profile, direct messaging other users, and (iv) share functionality of Alphalyst in other platforms or social networks other than Alphalyst (collectively, the “Service”).
PLEASE NOTE THAT ALPHALYST IS SIMPLY A PLATFORM THAT BRINGS TOGETHER BUYERS AND SELLERS OF 4LIFE RESEARCH PRODUCTS.

Your Registration Obligations
The App and the Service are only accessible to registered users who distributor of 4life Research, LLC. [Notwithstanding the foregoing, you may visit some areas of the App as a guest and remain anonymous, but you may not be able to access all the content and features of those areas without registering.] If you register and access the App or use the Service, you expressly accept and agree to be bound by this Agreement and the terms, conditions and notices contained or referenced herein. Use of the App and the Service, and the registration and creation of a Alphalyst account, is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. You hereby warrant that you are at least 18 years old. In the event that the information you provide in this regard is not truthful, Alphalyst shall not be liable as it cannot verify the age of its users. If you are under 18 years old, do not attempt to register or use the App or the Service.

You may not (i) select or use as a Alphalyst User ID a name of another person with the intent to impersonate that person; (ii) use as a Alphalyst User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as Alphalyst User ID a name that is vulgar, obscene or otherwise offensive. We reserve the right to refuse registration of, or cancel a Alphalyst User ID at our discretion. If you select a User ID for your account we reserve the right to remove or reclaim it if we believe it infringes upon another’s rights or marks. You are responsible for all activities occurring under your Alphalyst User ID and for keeping your password confidential and secure, and you agree to immediately notify us of any unauthorized use of your Alphalyst User ID or password.

While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

General Prohibitions and Agreements
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; Attempt to access or search Alphalyst with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided, or specifically authorized, by us or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator); Attempt to alter or modify the App, the Service, the Alphalyst Content, or use Alphalyst or any of its services for purposes other than which they were intended; Send unsolicited email, junk mail, “spam,” chain letters, or promotions or advertisements for products or services; Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Alphalyst to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App or the Service; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail- bombing the App; Impersonate or misrepresent your affiliation with any person or entity; Send illegal material or offensive messages, as determined within Alphalyst’s sole discretion, to other Alphalyst users; or Attempt to circumvent or manipulate our billing process or the fees owed to Alphalyst, if applicable.

Furthermore, you agree that you will do the following while using the App and/or the Service:

All communications and/or representations made by you in connection with any products or Listing Information will be accurate and contain all disclosures and disclaimers necessary to prevent such from being false or deceptive and otherwise comply with your country’s laws and U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection; We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Alphalyst users who violate these Terms of Use. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links from Alphalyst to Other Sites
The App may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination
If you violate any of these Terms of Use, your permission to use and access the App and the Service may be automatically terminated. Should your account or usage be terminated, you are prohibited from creating any new accounts or otherwise accessing the App or the Service without our prior written approval. We reserve the right to revoke your access to and use of the App and the Service at any time, with or without cause. We also reserve the right to cease providing or to change the App and the Service at any time and without notice.

Indemnification
You agree to indemnify and hold harmless Alphalyst, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives and to defend and hold each of them harmless, from any and all claims, liabilities, losses, damages, costs, and other expenses (including attorneys’ and expert witnesses’ costs and rewards) arising from or relating to: (1) your use of and access to the App or the Service; (2) your violation of any laws or any infringement by you, or any third party using your account or Alphalyst User ID, of any intellectual property, property, privacy, or other right of any person or entity; (3) any breach of any obligation in this Agreement by you, including without limitation, any failure to provide any products or any misrepresentation or fraud relating to any products or Listing Information by a Selling User and any failure to make payment or to fulfill any other required obligations by any Buying User; (4) any intentional misconduct or negligence by you in using the App or the Service; or (5) any claim that a user’s User Contributed Content, or that any Selling User’s products, caused damage of any kind whatsoever to another user or to any other third party.

Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE APP, THE SERVICE AND THE ALPHALYST CONTENT AT YOUR OWN RISK AND THAT ALPHALYST, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “ALPHALYST PARTIES”), WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE FOREGOING. THE APP, THE SERVICE AND THE ALPHALYST CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND THE ALPHALYST PARTIES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE ALPHALYST PARTIES. THE ALPHALYST PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE APP, THE SERVICE OR THE ALPHALYST CONTANT WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE APP.

THE ALPHALYST PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE APP, THE SERVICE OR THE ALPHALYST CONTENT HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, SERVICES OR MERCHANDISE VIA THE APP OR THE SERVICE AND ANY INJURY OR DAMAGE CAUSED THEREBY, ANY MISREPRESENTATION OR FRAUD ON THE PART OF A SELLING USER WITH REGARD TO ITS PRODUCTS OR ITS LISTING INFORMATION, YOUR ACCESS TO OR INABILITY TO ACCESS THE APP, THE SERVICE OR THE ALPHALYST CONTENT, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE APP, YOUR USE OF OR RELIANCE ON THE APP, THE SERVICE OR THE ALPHALYST CONTENT, OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE APP REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE THE ALPHALYST PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP, THE SERVICE OR THE ALPHALYST CONTENT AND YOUR SALE OR PURCHASE OF ANY PRODUCTS VIA THE APP OR THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
THE TOTAL CUMULATIVE LIABILITY OF THE ALPHALYST PARTIES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $500.

General Provisions
Governing Law; Venue. This Agreement is governed by the laws of the State of Florida without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. You irrevocably consent to the personal jurisdiction of the state and federal courts located in Florida, Florida, for any suit or action arising from or related to this Agreement, and waive any right you may have to object to the venue of such courts. You further agree that these courts will have exclusive jurisdiction over any such suit or action initiated by you against Alphalyst.

Arbitration. If any dispute, controversy or claim arises between the parties under, out of, or in relation to this Agreement, including any dispute concerning the formation, construction, interpretation, or breach of this Agreement or a party’s performance of its obligations hereunder (“Dispute”), the parties shall attempt in the first instance to resolve the Dispute through mutual good faith consultation. If the Dispute is not resolved in this manner within forty-five (45) days of a party’s notice of a Dispute, then any party may serve a notice on the other party requiring the Dispute to be submitted to arbitration as follows:

Any Dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney rewards) and disbursements arising out of the arbitration, and shall pay an equal share of the rewards and costs of the ADR Provider.

Any other Dispute (including whether the claims asserted can be arbitrated) shall be referred to and finally determined by arbitration in accordance with the JAMS Commercial Arbitration Rules (the “Rules”) and shall be administered by the Florida, MIA office of JAMS (the “Administrator”). To the extent there is any conflict between the provisions set forth in this section and any procedural or other rules issued by the Administrator, this section will control. The location of the arbitration will be Florida, MIA, USA. The Dispute(s) shall be submitted to a single arbitrator (“Arbitrator”) chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. Each party shall bear its own attorney’s rewards, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the rewards and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ rewards, costs and disbursements (including, for example, expert witness rewards and expenses, photocopy charges, travel expenses, etc.), and/or the rewards and costs of the Administrator and the Arbitrator. The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of any limitations set forth in this Agreement. Judgment on the award of the Arbitrators may be entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Florida law or United States Federal law.

Notwithstanding the foregoing, either party may proceed directly to any court of competent jurisdiction to seek protection or enforcement of its intellectual property rights and/or to seek injunctive relief or other equitable relief.

Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any governmental entity, the remaining provisions of this Agreement shall remain in full force and effect provided that the essential terms and conditions of this Agreement for both parties remain valid, binding and enforceable. To the extent permitted by law, the parties hereby to the same extent waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.

No Assignment. This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without Alphalyst’s express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. Alphalyst may assign this Agreement or any of its rights under this Agreement to any third party without your consent.

Notices. Alphalyst may give any notice required by this Agreement by means of a general notice on the App, electronic mail to your email address on record with Alphalyst, or by written communication sent by first class mail or pre-paid post to your address on record with Alphalyst. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). You may give notice to Alphalyst, addressed to the attention of Compliance Officer. Such notice shall be deemed given when received by Alphalyst by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the following address:

Remedies. Alphalyst’s remedies for any breach of this Agreement by you will include damages, injunctive relief, specific performance, and restitution. You acknowledge that any breach of this Agreement by you would cause irreparable injury to Alphalyst for which monetary damages would not be an adequate remedy and, therefore, Alphalyst will be entitled to injunctive relief (including specific performance). The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

Waiver. All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Entire Agreement; Modifications. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the parties. Alphalyst reserves the right to make changes to this Agreement, at its sole discretion, pursuant to Section 2 above.

Feedback. In the event that you provide Alphalyst with any feedback regarding the App or the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the App or the Service (collectively, “Feedback”), you hereby assign to Alphalyst all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

Modifications to the App or the Service. Alphalyst reserves the right at any time to modify or discontinue, temporarily or permanently, the App or the Service (or any part thereof) with or without notice. You agree that Alphalyst shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or the Service.

Updated on July 22, 2016