Terms and Conditions
This is a legal agreement (“Agreement”) between you and Caldera, LLC. (“Company,” “Service,” “we,” “us,” or “our”). By using our website, located at https://www.alcamine.com (“Website”), our mobile app, and/or other services we provide (collectively, “Alcamine”), or otherwise accessing the pages of Alcamine, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The Alcamine services consist of a service to help people find great jobs. Alcamine may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Alcamine also reserves the right to cease offering any of the Services at any time with or without notice.
This Agreement is subject to change by Alcamine in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
Ownership of the System and Access License
You understand and agree that Alcamine owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the "Content"), as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content.
You acknowledge that the System and the Services are proprietary to Alcamine and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Services by accessing and using either. For the avoidance of doubt, "Content" does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.
Use of the System and Services
Alcamine reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, the Services, or any portion thereof, for any reason; (ii) modify or change the System, the Services, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the System, the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
You represent and agree that all information that you provide to Alcamine in connection with your access to and use of the System and the Services is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.
Any use or attempted use of the System and/or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the System or the Services; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Alcamine to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System and the Services, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- Use the System or the Services for any criminal purposes;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Alcamine representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, email, files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use any of the System's or Services' communication features in a manner that adversely affects the availability of its resources to other users caps, or flooding continuous posting of repetitive text);
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; (o) Use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of Alcamine;
- Attempt to gain any unauthorized access to the System, the Services or any of its associated Content, including computer systems, software, or networks; or
- Use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any Content or information thereon.
Accounts, Passwords, and Security
In order to utilize certain Services, you may need to set up an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Alcamine immediately upon learning of any unauthorized use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Alcamine or any other person or entity due to another person using your account, login ID, or password.
You may not use any other user's account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. You may not transfer or assign your account.
Disclaimer of Warranty
1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALCAMINE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALCAMINE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ALCAMINE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by ALCAMINE, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ALCAMINE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ALCAMINE. UNDER NO CIRCUMSTANCES WILL ALCAMINE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
3. Beta Features. From time to time, Alcamine may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Alcamine’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability
1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL ALCAMINE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Alcamine KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. No Liability for non-Alcamine Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALCAMINE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
3. Information Verification. Alcamine and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Alcamine and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Alcamine, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Alcamine reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Alcamine in asserting any available defenses.
Complaints / Law Enforcement Contact
To resolve a complaint regarding the Service, you e-mail us at email@example.com
Notice For California Users : Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs , in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
The System and the Services could include technical inaccuracies or typographical errors. Alcamine shall have no liability in connection with any such inaccuracies or errors, nor shall Alcamine have any obligation to identify and/or correct any such inaccuracies or errors.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on the System and Services is provided by third party content providers ("Third Party Materials"), Alcamine has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Alcamine does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Alcamine.
Delivery and Filtering
Alcamine will use commercially reasonable efforts to ensure email sent to your @alcamine.com email address is delivered, but Alcamine does not guarantee delivery. While Alcamine does parse, read, and rate emails we do not provide virus scanning and Alcamine recommends that you employ additional security measures to protect against spam, email phishing attempts and email infected with viruses. Alcamine is not responsible for any damages arising from the failure of Alcamine failing to deliver email, from the inaccurate rating of legitimate email, or from a failure of an email being delivered to it's target recipient (including yourself).
While Alacmine does read, parse, interpret, and score emails, it is not an email service and is not intended to be used as one. Unless otherwise specified, Alcamine does not have to persist emails sent to you, from you, or other information pertaining to your use of the services for any period of time. We will make reasonable efforts to ensure you are able to see emails sent to you for seven days from the time in which they were received, but are not required to do so.
You acknowledge and understand that the Services include the transmission of unencrypted email in plain text over the public internet. You are responsible for encrypting any sensitive data you use in conjunction with the Services. Email sent or received using the Services may be unsecured, may be intercepted by other users of the public internet, and may be stored and disclosed by third parties (such as a recipient’s email service provider).
Links to Other Websites or Services
Links to Other Websites For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of Alcamine (the "Linked Websites"). Alcamine does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites.
There are places in the website, blog, application, or other places where we place affiliate links for other services and applications. We may be compensated if you click through those links, sign up for an account, interact with their service, or make a purchase on their site. Any affiliate links are governed by the same terms and conditions set forth herein.
Alcamine disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Alcamine arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the System and Services do not imply that: (a) Alacmine is affiliated or associated with any Linked Website; (b) Alcamine is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of Alcamine.
Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers.
In the event Alcamine distributes any open source software to you as part of the Services (for example Linux, OpenStack, and software licensed under the Apache, GPL, MIT or other open source licenses, collectively “Open Source Software") then such Open Source Software is subject to the terms of the applicable open source license. To the extent there is a conflict with these Terms of Service, the terms of the applicable open source license shall control.
Publicity, Use of Marks
Unless otherwise agreed in the Service Order, you agree that Alcamine may publicly disclose that it is providing Services to you and may use your name and logo to identify you in promotional materials, including press releases. You may not issue any press release or publicity regarding the Agreement, use the Alcamine name or logo or other identifying indicia, or publicly disclose that it is using the Services without Alcamine’s prior written consent.
Alcamine may use its Affiliates or subcontractors to perform all or any part of the Services, but Alcamine remains responsible under the Agreement for work performed by its Affiliates and subcontractors to the same extent as if Alcamine performed the Services itself. You acknowledge and agree that Alcamine Affiliates and subcontractors may be based outside of the geographic jurisdiction in which you have chosen to store Customer Data and if legally required the parties will enter into good faith negotiations of such agreements as are necessary in order to legitimize the transfer of Customer Data.
1. Controlling Law and Jurisdiction. You agree that Delaware law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Delaware. You acknowledge and agree that any violation of this Agreement may cause Alcamine irreparable harm, and therefore agree that Alcamine will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Alcamine may have for a breach of this Agreement.
2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement between you and Alcamine regarding the use of this Service, superseding any prior agreements between you and Alcamine related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Alcamine to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users and non-Users who interact with Alcamine outside the United States:
(a) You consent to having your personal data transferred to and processed in the United States.
(b) If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Alcamine (such as payments). You will not use Alcamine if you are prohibited from receiving products, services, or software originating from the United States.
This policy is effective as of 6 February 2020.Home