DISCLAIMER AND INTELLECTUAL PROPERTY STATEMENT
Legal
All Protected Content is property of ALPHA MOTOR CORPORATION and cannot be used without its express prior written permission. ALPHA MOTOR CORPORATION expressly prohibits and does not consent to or authorize any use of its media content for publications written to damage the image of or to harass the company. The ALPHA MOTOR CORPORATION name, products and brand are the property of Alpha Motor Corporation, a Delaware Corporation. The ALPHA MOTOR CORPORATION name, design, and ideas contained within are the property of ALPHA MOTOR CORPORATION to be used in this Website only. By using this site or downloading material from this site, you acknowledge and agree to abide by the terms and conditions set forth in this notice. If you do not wish to abide by these terms and conditions, do not use this site or download materials from it. The ALPHA MOTOR CORPORATION Website pages or other Protected Content may contain other proprietary notices and copyright information that should be observed.
Copyright & Trademarks
All rights reserved. ALPHA MOTOR CORPORATION names and logos and all related trademarks, tradenames, and other intellectual property are the property of Alpha Motor Corporation and cannot be used without its express prior written permission. The contents of all Protected Content are to be used only in accordance with Internet regulations. Alpha Motor Corporation owns a number of trademarks used on www.alphamotorinc.com. Those trademarks followed by ©, ™, and/or ® are registered trademarks of ALPHA MOTOR CORPORATION in the United States and in other countries. All other marks are trademarks or common law marks of ALPHA MOTOR CORPORATION. Failure of a mark to appear on this Website does not mean that ALPHA MOTOR CORPORATION does not use the mark, not does it mean that the product is not actively marketed or is not significant within its relevant market. All other trademarks, trade names, or logos mentioned or used are the property of their respective owners. Every effort has been made to properly capitalize, punctuate, identify, and attribute trademarks and tradenames to their respective owners, including the use of ©, ®, and ™ (TM) wherever possible and practical.
ALPHA MOTOR CORPORATION takes reasonable steps to preserve the security of cookie and personal information in accordance with the ALPHA MOTOR CORPORATION Website Terms of Use and this Website Security and Privacy Statement. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted). ALPHA MOTOR CORPORATION strives to provide only secure transmission of data. Once ALPHA MOTOR CORPORATION has received your transmission, reasonable steps are taken to preserve the security of the information within ALPHA MOTOR CORPORATION systems.
It is necessary for ALPHA MOTOR CORPORATION to collect your IP address for your interaction with various parts of the ALPHA MOTOR CORPORATION website. Your IP address is the identifier for your computer when you are using the internet. ALPHA MOTOR CORPORATION uses your IP address for security purposes, to provide you with better and more customized service and a more effective website.
The ALPHA MOTOR CORPORATION website uses “cookies” and unique identifiers associated with your device as a fundamental part of the interaction with your internet browser. The purpose is to provide a better more customized service and a more effective website.
Please note that if your browser is configured to reject all cookies, you may be unable to use secure services on the ALPHA MOTOR CORPORATION website that require cookies in order to participate. You may still be able to use some information-only pages even if you do not accept cookies.
ALPHA MOTOR CORPORATION will preserve the content of any email that is sent, if it is deemed that there is a legal requirement to do so. All email message content is subject to monitoring by ALPHA MOTOR CORPORATION employees for security purposes including where email abuse is suspected. ALPHA MOTOR CORPORATION responses to you may be monitored for quality assurance purposes.
ALPHA MOTOR CORPORATION will only use or disclose personal information or information generated by cookies in accordance with specific and additional provisions relating to privacy which apply to certain areas of the ALPHA MOTOR CORPORATION website and as otherwise set out in this ALPHA MOTOR CORPORATION Website Security and Privacy Statement.
Internet Regulations
ALPHA MOTOR CORPORATION is a trademark with all uses and rights reserved by ALPHA MOTOR CORPORATION. As such, without the explicit written permission of ALPHA MOTOR CORPORATION, it is prohibited to integrate in whole, or in part, any of the protected contents published on these Websites, Documents, Forms, Presentation Slides, Graphs, Pictures, or Notes, hereafter referred to as “Protected Content,” into other programs or other web sites or to use them by any other means. This Website and other Protected Content can contain elements that are protected by copyright and by other laws that are subject to the copyright or other rights of third parties and that are correspondingly protected for these third parties.
Liability
This Document and the information contained herein is provided by ALPHA MOTOR CORPORATION as a service to its customers on an "as-is, as-available" basis for informational purposes only. ALPHA MOTOR CORPORATION disclaims all warranties, express or implied, including but not limited to any warranty that the use of the Information herein will not infringe any rights or any implied warranties of merchantability or fitness for a particular purpose. ALPHA MOTOR CORPORATION has carefully compiled the contents of all Protected Content in accordance with their current state of knowledge. Access to and use of Protected Content, as well as Websites related or connected to this by links, are at the user's own risk and responsibility. ALPHA MOTOR CORPORATION bears no responsibility or liability for damage of any kind, also for indirect or consequential damages resulting from access to or use of Protected Content or Websites related or connected to this by links. ALPHA MOTOR CORPORATION is not responsible for typographical errors and we make every effort to ensure the accuracy of the information published in our Website and other Protected Content.
ALPHA MOTOR CORPORATION NFT TERMS AND CONDITIONS
You agree to the following terms and conditions (the “Terms”) in connection with your acquisition, claim or transfer of a non-fungible token (“NFT”), which is a blockchain-based digital token that is associated with a certain digital work of authorship or content by Alpha Motor Corporation (the “Content”), that is as of its genesis issuance, is linked to a display of digital art and/ or content that is provided by or owned by Alpha Motor Corporation (such NFT, the “Alpha NFT”).
Limited License
If you acquire an Alpha NFT, you are entitled to the right to sell, transfer or dispose of that NFT. Such rights, however, do not include the ownership of the intellectual property rights in the Contents relating to such Alpha NFT.
As between you and Alpha Motor Corporation, Alpha Motor Corporation and its licensor(s) own all right, title and interest in the Content and all intellectual property rights related thereto. The Content is exclusively owned or controlled by Alpha Motor Corporation, which is separate from the associated NFT, and Alpha Motor Corporation reserves any and all rights in and to the Content not expressly granted to you herein. Purchase of any Alpha NFT shall not transfer any ownership right in any of the Content to you.
Alpha Motor Corporation hereby grants you with a limited, non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free license to view, digitally copy and display the Content for the duration of your ownership of the Alpha NFT: (i) for your own personal, non-commercial use and (ii) as part of a marketplace or platform that permits the display, purchase and sale of Alpha NFTs, provided that such marketplace or platform has sufficient method to verify the owners’ rights to display and sell such NFTs. The above limited grant is subject to your compliance with the Terms and to the extent of Alpha Motor Corporation’s right and ability to grant such license. Notwithstanding the above limitation on digital-only copies, you may make one physical print of the Content for your own personal, non-commercial use to be retained so long as you own the associated NFT. You have no right to make any use of the Content other than as set forth in these Terms, and you shall not in any way dispute or do anything to challenge or impair the validity of Alpha Motor Corporation’s rights in and to the Content.
Without limiting the foregoing, you may not use the Content or any trademarks, logos, names, likenesses, images, characters, art work, or other embedded intellectual property contained within the Content or relating to the relevant Alpha NFT, with any business, product, service, or in any manner that may imply endorsement of any business, message, product, or service, as applicable, or that is likely to cause confusion or dilute, distort, smudge or tarnish any such trademarks, logos, names, likenesses, images, characters, art work, or embedded intellectual property contained therein, including those of Alpha Motor Corporation. Your use of such intellectual property is subject to the rights granted above and any additional restrictions imposed by the owner(s) of such intellectual property. All use of the Content and related intellectual property, including any goodwill generated by such use, will inure to the benefit of Alpha Motor Corporation and its licensors.
Alpha Motor Corporation may, from time to time and in its sole discretion, grant additional rights or further limit your rights in the Alpha NFT or the Content.
Alpha Motor Corporation may store the Content at a specified IPFS or URL, but Alpha Motor Corporation has no obligation to provide or maintain such IPFS or URL, and you further acknowledge and agree that any such IPFS or URL is subject to the disclaimer and limitation of liability set forth herein. Alpha Motor Corporation may update the Content associated with an Alpha NFT or stored at an IPFS or URL, and while it will make reasonable efforts to provide notice of any such update, Alpha Motor Corporation is not obligated to provide the same.
Prior to the release of any Alpha NFT or at any time thereafter, Alpha Motor Corporation or and other third parties have the right, but not obligation, to make additional content, items, or other rights or benefits available to holders of the Alpha NFT (“Additional Benefit”). Any Additional Benefits are not guaranteed and may be subject to further terms, conditions, purchase, or application.
Your Information
As a condition of participating in the purchase, claim and transfer of any Alpha NFTs, any time you provide your information (including personal information or any personally identifiable information or personal data) to Alpha Motor Corporation or that Alpha Motor Corporation collects from you when accessing or using the Content (including information collected automatically by the use of cookies or other similar technologies), you agree to the collection, use, storage, sharing, transfer, and processing of your information by Alpha Motor Corporation for the purposes of providing the Contents and the services available therein to comply with applicable laws, rules and regulations.
Restrictions
You agree that you may not, or permit any third party to, do or attempt any of the following without Alpha Motor Corporation’s prior express written consent, in each case:
Use the Content or Alpha NFT, in whole or in part, to advertise, market, promote, reproduce, offer, sell, or distribute for commercial gain any product or service in any manner or media, whether for your own commercial benefit or that of any third party or otherwise;
Modify, edit, alter, manipulate, reproduce, commercialize, distribute or reuse the Content or Alpha NFT, in whole or in part, in any way, including without limitation, any art, design, drawings, or other intellectual property contained in the Content, except as otherwise expressly set forth in these Terms;
Use the Content or Alpha NFT in connection with any content, images, videos, or other forms of media that (i) depict hatred, intolerance, violence, cruelty, or any other subject matter that could reasonably be found to constitute hate speech or be considered abusive, defamatory, ethnically or racially offensive, harassing, harmful, obscene, offensive, sexually explicit, threatening, or vulgar; (ii) contain any other material, products, or services that violate or encourage conduct that would violate any criminal or other applicable laws or any public policy; (iii) violate or infringe on any third-party rights; or (iv) violate Alpha Motor Corporation’s policies and guidelines or reflects negatively in any way on Alpha Motor Corporation’s brand;
Create, display, advertise, market, promote, display, distribute, reproduce, or sell any derivative works of the Content or Alpha NFT (including any fractionalized interests in the Content or Alpha NFT), or any merchandise of any kind that includes, contains, uses, incorporates, or consists of the Content or Alpha NFT;
Use the Content in movies, videos, games, or any other forms of media, except to the limited extent that such use is solely for your own personal, non-commercial purposes;
Apply for, register, or otherwise use or attempt to use the Content or Alpha NFT, any other intellectual property owned by or associated with Alpha Motor Corporation or their other products or services, in whole or in part, as a trademark anywhere in the world, or attempt to copyright or otherwise acquire additional intellectual property rights in or to the Content or Alpha NFT;
Challenge or negatively impact Alpha Motor Corporation’s rights with respect to the Content, including but not limited to the ownership or validity thereof;
Make any additional representations or warranties to any third-party relating to the Content or Alpha NFT except those contained in these Terms; and
Display, copy, or otherwise use the Content or Alpha NFT, except in connection with the limited license granted hereunder, without Alpha Motor Corporation’s prior express written approval for such use.
If you sell, trade, donate, gift, assign or otherwise transfer, assign or novate the Alpha NFT, you must provide explicit notice of these Terms to the receiving party.
Alpha Motor Corporation may use or implement technical measures with respect to the security of the Content, and you will not take any action to interfere with, circumvent, disable or otherwise obstruct any such security-related features or other digital rights management functions associated with the Content or the related Alpha NFT.
Warranty and Disclaimer
You represent and warrant that you: (a) are at least the age of majority in you place of residence (which is 18 years of age in most U.S. states) and has the legal capacity to enter into a transaction contemplated herein, (b) will use and interact with the Contents only for lawful purposes and in accordance with the Terms, and (c) will not use the Contents to violate any law, regulation or ordinance or any right of Alpha Motor Corporation, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. You further agree that you will comply with all applicable laws.
ALPHA MOTOR CORPORATION MAKES THE ALPHA NFT, CONTENT, LICENSE, ANY ASSOCIATED WEBSITE, AS WELL AS ANY ADDITIONAL BENEFIT PROVIDED BY ALPHA MOTOR CORPORATION OR ANY THIRD-PARTY IN CONNECTION WITH OWNING THE ALPHA NFT, AVAILABLE “AS IS” AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. YOU ASSUME THE ENTIRE RISK OF YOUR USE OF THE CONTENT AND ALPHA NFT. ALPHA MOTOR CORPORATION MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON ANY OF THE ALPHA NFTS.
ALPHA MOTOR CORPORATION WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY USE OF THE CONTENTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO THE CONTENTS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE CONTENTS OR ALPHA NFTS.
THE ALPHA NFTS AND ITS RELATED CONTENTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH ALPHA MOTOR CORPORATION DOES NOT CONTROL. ALPHA MOTOR CORPORATION DOES NOT GUARANTEE THAT IT CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY OF THE ALPHA NFTS. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS THAT YOU PURCHASE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, ALPHA MOTOR CORPORATION MAKES NO CLAIMS OR REPRESENTATIONS ABOUT THE IDENTITY, LEGITIMACY OR AUTHENTICITY OF ASSETS OR ANY PURPORTED SECONDARY TRANSACTIONS.
ALPHA MOTOR CORPORATION IS NOT RESPONSIBLE FOR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE ALPHA NFTS. ALPHA MOTOR CORPORATION IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ALPHA NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
Assumption of Risk
You accept and acknowledge all risks associated with the following:
(a) You are solely responsible for determining what, if any, taxes apply to your purchase, sale, or transfer of any Alpha NFT. Alpha Motor Corporation is not responsible for determining or paying the taxes that apply to any transactions relating to the Alpha NFT.
(b) Alpha Motor Corporation does not store, send or receive cryptocurrency assets. Any transfer of cryptocurrency assets occurs within the supporting blockchain that is not controlled by Alpha Motor Corporation. Transactions involving Alpha NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions shall be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that you initiated the transaction.
(c) There are risks associated with using an Internet based digital asset, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital wallet. Alpha Motor Corporation will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when effecting the Alpha NFT related transactions.
(d) Digital assets, including blockchain based assets such as Alpha NFTs, are subject to developing laws and regulations throughout the world.
(e) Transactions involving Alpha NFTs may rely on third-party platforms to perform transactions which are outside of Alpha Motor Corporation’s control. Therefore, access to and interactions for the Alpha NFTs may be limited or unavailable.
Limitation of Liability
IN NO EVENT WILL ALPHA MOTOR CORPORATION BE LIABLE, WHETHER UNDER ANY THEORY OF LIABILITY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE OR PROFITS, LOSS OF DATA, OR OTHER LOSS OF BUSINESS, EVEN IF SUCH PARTY IS NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, ARISING OUT OF THESE TERMS.
THE MAXIMUM AGGREGATE LIABILITY OF ALPHA MOTOR CORPORATION FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE $1000.
ALPHA MOTOR CORPORATION DOES NOT OWN OR CONTROL ANY OF THE SOFTWARE PROTOCOLS, SERVICES, EXCHANGES OR APPLICATIONS THAT MAY BE USED IN CONNECTION WITH THE ALPHA NFT, INCLUDING ANY CRYPTOCURRENCY WALLET, THIRD-PARTY SERVER ON WHICH MEDIA RELATING TO THE CONTENT IS STORED OR THIRD-PARTY MARKETPLACES (“THIRD-PARTY SERVICES”). ALPHA MOTOR CORPORATION DISCLAIMS ALL LIABILITY RELATING TO THE THIRD-PARTY SERVICES, AS WELL AS ANY PRICE FLUCTUATIONS IN NFT VALUATION, AND MAKES NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY OR AVAILABILITY OF THE THIRD-PARTY SERVICES. YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY THIRD-PARTY SERVICES OR THE TRANSFER, LOSS OR THEFT OF ANY ALPHA NFT.
Indemnity
You agree that you shall defend, indemnify and hold harmless Alpha Motor Corporation and its and their respective directors, officers, employees, licensors, content providers, agents, advisors, consultants and representatives, from any claim or action arising from: (i) your breach or alleged breach of these Terms, (ii) your ownership of the Alpha NFT, (iii) your transfer or attempted transfer of the Alpha NFT, or (iv) the exercise of any rights granted in these Terms; (v) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use or interaction with the Alpha NFT; or (vi) any misrepresentation made by you.
Dispute Resolution
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER AND A JURY WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND WITHOUT A JURY.
You may contact us by e-mail at contact@alphamotorinc.com to address any concerns you may have. Most concerns may be resolved by contacting us in this manner. You agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration, without making any public display or disclosure of any such discussion or dispute.
If an agreed-upon solution is not reached within a period of thirty (30) days from the time informal dispute resolution is initiated, then either you or we may initiate a binding arbitration. All claims, the scope of this arbitration clause, the parties’ relationship with each other and/or your use of the Content or Alpha NFT shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association ("AAA"), in accordance with the AAA Arbitration Rules and Procedures, as modified herein, and excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions. Such award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.