Last Updated: January 23, 2023
These Terms of Use (the “Terms”) are a legal agreement between you and Allma, Inc. (“Allma”, “we”, “our”, or “us”) governing your access to Allma’s website for its online magazine, Roadmap (the “Roadmap Site”) and all of the text, content, data, metadata, photographs, images, illustrations, graphics, user interface, sound recordings, “look and feel,” video, audio-video clips, computer code, and other materials available on the Roadmap Site and the selection, coordination, compilation, and enhancement of any of the foregoing (collectively, “Content”). BY ACCESSING THE ROADMAP SITE AND CONTENT, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT ACCESS THE ROADMAP SITE OR THE CONTENT.
1.1 Roadmap. The Roadmap Site provides access to Allma’s online magazine, Roadmap and the Content. Except as otherwise provided in any other agreement between you and Allma for the purchase of and access to and use of Allma’s other services, Allma does not make any representation or warranty regarding the Content or the Roadmap Site.
1.2 Roadmap Site License. Subject to these Terms, Allma grants you a personal, limited, revocable, non-exclusive, and non-transferable license to access and use the Roadmap Site and Content for personal, non-commercial use. This right is exclusive to you and is not sublicensable. Allma expressly retains all ownership rights, title, and interest in and to all aspects of the Roadmap Site and Content and all intellectual property rights therein, including, but not limited to, all current and copyrights, trademarks, trade secrets, know-how, patent rights, and other proprietary rights included or embodied in the Roadmap Site and Content.
1.3 Restrictions. You may not modify the Roadmap Site or any Content, create derivative works of the Roadmap Site or Content, or reverse engineer, reverse compile, reverse assemble, or do any other operation with the Roadmap Site that would reveal any source code, trade secrets, know-how, or other proprietary information. You may not use robots, spiders, scripts, services, software, or any manual or automatic device, tool, or process designed to data mine or scrape the Roadmap Site or Content, or otherwise access or collect from the Roadmap Site or Content using automated means. You shall abide by all copyright notices, information, and restrictions contained on the Roadmap Site and in any Content. You may not remove or modify any notice of confidentiality, trade secret, trademark, or copyright encoded or embodied in the Roadmap Site, Content, or displayed by, on, or in the Roadmap Site or Content. In no event may you use the Roadmap Site or Content for commercial endeavors without our prior written consent.
1.4 Privacy. Allma respects the privacy of is users. Allma collects, uses, and discloses information about you in connection with the Roadmap Site in accordance with the Allma Roadmap Privacy Policy, which can be viewed by clicking on the “Privacy Policy” link that appears at the bottom of each page of this Roadmap Site or by visiting www.roadmapmag.com/privacy (“Privacy Policy”). You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure and use of such information, connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and gain access to confidential information. Accordingly, Allma cannot and does not guarantee the privacy, security, or authenticity of any information so transmitted over or stored in any system connected to the Internet.
1.5 Termination. We reserve the right at any time and from time-to-time to modify, edit, delete, or discontinue the Roadmap Site and Content (or, in each case, any part thereof) with or without notice. You acknowledge and agree that we will not be liable to you or to any third party for any such modification, editing, deletion, or discontinuance.
1.6 Fees. The Roadmap Site and Content are initially made available without charge, however, Allma reserves the right to charge for the Roadmap Site and Content, or any component thereof. In no event, however, will you be charged for access to the Roadmap Site or Content unless we obtain your prior agreement to pay such charges. Any fees will be posted on the Roadmap Site.
The Roadmap Site may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a Third-Party Website, we will not warn you that you have left the Roadmap Site and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, are not under the control of Allma. Allma is not responsible for any Third-Party Websites. Allma provides these links to Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or any product or service provided in connection therewith. Your use of any links in Third-Party Websites is at your own risk. When you leave the Roadmap Site, these Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
3.1 Ownership. The Roadmap Site and Content, are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. The Roadmap Site and Content and all intellectual property rights therein and any additions, improvements, updates, and modifications thereto are the property of Allma or Allma’s licensors and are protected pursuant to applicable copyright and trademark laws.
3.2 No Waiver. The presence of any Content on the Roadmap Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to the Roadmap Site or any Content. Except as otherwise provided in Section 3.3, neither the Roadmap Site nor any Content may be used, copied, reproduced, distributed, republished, downloaded, modified, performed, displayed, posted, or transmitted in any form or by any means, without our express prior written permission.
3.3 Permissions. Permission is hereby granted to the extent necessary to lawfully access and use the Roadmap Site and Content and to display, download, and print portions of the Roadmap Site and Content on a temporary basis for your personal, noncommercial use only, provided that you: (a) do not modify neither the Content or Roadmap Site; (b) retain any and all copyright and other proprietary notices contained in the Roadmap Site and Content; and (c) do not copy or post the Roadmap Site or Content on any network computer or broadcast the Roadmap Site or Content in any media. Allma, and its licensors, hereby reserve all rights in and to the Roadmap Site and Content not expressly granted in these Terms. Copying or storing of the Roadmap Site and any Content other than for personal, non-commercial use is expressly prohibited without our prior written consent.
3.4 Trademarks. The Allma names and logos, all Allma product and service names, all graphics, and all trademarks and service marks, in each case, appearing within the Roadmap Site or Content or both, unless otherwise noted, are trademarks (whether registered or not), service marks, or trade dress of Allma (the “Allma Marks”). All other trademarks, product and service names, company names, logos, service marks, or trade dress mentioned, displayed, cited, or otherwise indicated within the Roadmap Site or Content or both are the property of their respective owners (the “Other Marks”). You are not authorized to display or use the Allma Marks in any manner without our prior written permission. You are not authorized to display or use the Other Marks without the prior written permission of the applicable owners.
You agree to indemnify and hold Allma, and its respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Roadmap Site or Content or both in breach of these Terms. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
THE ROADMAP SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. ALLMA DOES NOT REPRESENT THAT THE ROADMAP SITE WILL BE UNINTERRUPTED OR THAT THE NEITHER THE CONTENT OR ROADMAP SITE WILL BE ERROR FREE. ALLMA DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH CONTENT IS AT YOUR SOLE RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES ON THE ROADMAP SITE AND IN THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALLMA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ROADMAP SITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ALLMA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ALLMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE ROADMAP SITE OR CONTENT OR BOTH. IF YOU ARE DISSATISFIED WITH THE ROADMAP SITE, THE CONTENT, OR WITH ANY OF THESE TERMS, OR FEEL ALLMA HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ROADMAP SITE AND CONTENT. THE TOTAL LIABILITY OF ALLMA TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH ANY ONE OR MORE OF THE FOLLOWING: THESE TERMS, THE ROADMAP SITE, AND CONTENT WILL NOT EXCEED $100. IT IS THE INTENTION OF YOU AND ALLMA THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7.1 Modification. Allma may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Roadmap Site after the “Last Updated” date at the top of these Terms. Your continued access to or use of the Roadmap Site after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Roadmap Site.
7.2 Governing Law; Venue. Excluding conflict of law rules, these Terms will be governed by and construed in accordance with the laws of the State of Delaware. Exclusive jurisdiction and venue for any action arising under this Agreement is in the federal and state courts with jurisdiction over Dover, Delaware, and both parties hereby consent to such jurisdiction and venue for this purpose.
7.3 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
7.4 Contact. Allma is located in Tacoma, Washington. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Allma as follows:
By E-mail: editors@roadmapmag.com
By Postal Mail: 1102 A Street, Suite A, Tacoma, WA 98402
7.5 Entire Agreement. These Terms constitute the entire agreement between you and Allma governing your use of the Roadmap Site and Content, superseding any prior agreements between you and Allma governing such subject matter. The failure of Allma to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Allma nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
