Last Updated: February 7, 2024

This Terms of Service Agreement (the “Agreement") is a legal agreement between “You” and Alerion Media LLC (“Alerion Media”, “we”, “us”, or “our”) for the Service (defined below in Section 1). The Service is provided by Alerion Media for personal, non-commercial, entertainment purposes only. Use of the Service is also governed by Alerion Media’s Privacy Policy.

ALERION MEDIA DEVELOPS CASINO-STYLE GAMES. THESE GAMES DO NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. THESE GAMES MAY PLAY DIFFERENTLY THAN SIMILAR LOOKING GAMES FOUND IN ACTUAL CASINO ENVIRONMENTS THEREFORE ANY PRACTICE OR SUCCESS WITH ALERION MEDIA PRODUCTS DOES NOT IMPLY FUTURE SUCCESS IN REAL MONEY GAMBLING.

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO ALERION MEDIA’S TERMS OF SERVICE AND PRIVACY POLICY. YOU AGREE THAT DISPUTES WITH ALERION MEDIA MUST BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AS DESCRIBED HEREIN. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

1 Service

Alerion Media is the creator of (i) proprietary software, which includes but is not limited to, compiled software code, images, audio, media, designs, data, configurations, user interfaces, accompanying documentation, and any updates or supplements of such software and documentation (collectively, an “App” or the “Apps”); (ii) servers designed to support and/or communicate with the Apps (collectively, the “Servers”); and (iii) an online presence accessible at www.alerionmedia.com, including all nested pages and related subdomains (the “Website”). The Apps, Servers, and Website are referred to herein collectively as the “Service”.

1.1 Your Agreement

This Agreement is deemed to be accepted by You when an App is initially downloaded or installed by You, when You access the Website (not including when Your access is only to view this Agreement and/or the Privacy Policy (defined below in Section 2), or when You access or use the Service in whole or in part in any other way.

By using the Service, You represent to us that You are at least 18 years old and that You agree to be bound by the terms of this Agreement and the Privacy Policy. Alternatively, if You are 13-17 years old, Your legal guardian must review and agree to this Agreement and the Privacy Policy before You can access the Service.

You expressly promise and covenant not to access or use the Service for the purposes of creating, designing, promoting, or distributing any game, application, software, or other media that uses the same or similar mechanics, psychology, or rules of play, or assisting any other party in doing so.

1.2 Modifications

Alerion Media reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service, its Privacy Policy, and any other relevant Alerion Media policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point You do not agree to any portion of the then-current version of the Terms of Service or Privacy Policy, or any other Alerion Media policy, rules, or codes of conduct relating to Your use of the Service, Your right to use the Service shall immediately terminate and You must immediately stop using the Service.

1.3 Use Restrictions

The following restrictions apply to any use of the Service:

  • You shall not share Your access to the Service with others or allow any third parties to access the Service on Your behalf at any time or for any reason unless otherwise allowed in writing by Alerion Media. You warrant, and Alerion Media may assume and rely on the assumption, that any and all activity and use of the Service from Your account is done by You. You are solely responsible for maintaining the security of access to Your account, and You agree that Alerion Media will not be liable for any loss or damages resulting from use of the Service by You or on Your behalf by others, and that You are responsible for any purchases made from Your account.

  • You accept full responsibility for any unauthorized use of the Service by others, including minors. You are responsible for any use of Your credit card or other payment instrument (such as Paypal) from Your account.

  • You shall not (or attempt to) purchase, sell, rent, or give away Your account, create an account using a false identity or information, or on behalf of someone other than Yourself.

  • You shall not use the Service if You have previously been removed by Alerion Media, or previously been banned from the Service.

  • You shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam email, or repetitive or misleading messages to anyone.

2 Privacy Policy

The Alerion Media Privacy Policy (“Privacy Policy”) is available at https://www.alerionmedia.com/privacy and incorporated herein by reference. The Privacy Policy provides information about Your privacy rights and explains how Alerion Media protects Your personal information. You acknowledge that the Service may collect information, data, and statistics relating to Your use of the Service, and may compile such information, data, and statistics. Subject to the terms of the Privacy Policy, Alerion Media reserves the right to use such information, data, and statistics in the course of Alerion Media’s business, and You hereby agree to Alerion Media’s use. Alerion Media is not responsible for, and hereby disclaims all warranties relating to the storage of any such information, data, and statistics for use with the Service.

3 Service License

Subject to Your agreement to be bound by all terms and conditions of this Agreement, Alerion Media hereby grants You a non-exclusive, personal, non-transferable, non-assignable, limited license to use and access the Service for Your own non-commercial entertainment purposes in accordance with this Agreement. The Service is licensed to You, not sold, and Alerion Media reserves the right to revoke such license at any time and terminate Your ability to use the Service for any reason or for no reason.

3.1 License Conditions

The Service is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Service not expressly licensed under this Agreement are reserved by Alerion Media. You shall not (or attempt to) reverse engineer, reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, transfer or otherwise use any portion of the Service except as expressly authorized in this Agreement. No right to use any trademark or trade name of Alerion Media is granted to You hereunder.

3.2 Third-Party Distributors

If You obtained an App through a third party (such as the Apple App Store or Google Play) (each a “Distributor”), the following terms apply:

A. Alerion Media is responsible solely for the Apps and their content (excluding User Content and Third-Party Content defined below);

B. Your use is limited to use on mobile devices that You own or control and as permitted by the rules set forth in the applicable terms of service provided by the Distributor, except that the Apps may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;

C. The terms of this Agreement are subject to the applicable Distributor’s terms of service, which You acknowledge You have separately agreed to;

D. Alerion Media has no obligation to provide refunds in connection with the Service or any in-app purchases. To the extent a refund may be available, refunds may only be obtained through the applicable Distributor.

E. In the event of any failure of an App to conform to any applicable warranty, You may seek a refund from the Distributor, which to the extent permitted by law will constitute the Distributors’ sole and exclusive obligation with respect to the App;

F. Alerion Media and You acknowledge that the Distributors have no obligation whatsoever to furnish any maintenance or support with respect to the Service;

G. Alerion Media is responsible for addressing Your claims relating to the Apps, including product liability claims, legal or regulatory noncompliance, and claims arising under consumer protection, privacy, or other legislation; and

H. To the extent any obligation exists with respect to a third-party claim that an App infringes a third-party’s intellectual property rights, Alerion Media will be responsible for the investigation, defense, settlement, and discharge of such claim.

I. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. 

J. You represent and warrant that your use of the Service will comply with any applicable third-party terms or agreements.

K. You acknowledge and agree that the Distributor and Distributor’s subsidiaries are third party beneficiaries of this Agreement, and that upon Your acceptance of the terms and conditions herein, Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary thereof.

L. All questions and complaints regarding the Service may be directed to Alerion Media by emailing alerion+legal@alerionmedia.com, or mail to Alerion Media LLC, 2918 E Republican St, Seattle, WA 98112.

4 Service Usage

Accessing the Service is free, however You may be able to purchase virtual goods and/or virtual currency through the Service. All purchases of virtual goods and/or virtual currencies are final and no refunds will be given, except by the Distributor or at Alerion Media’s sole discretion. Virtual currency and goods are licensed and cannot be redeemed for any other currency including “real world” money. Alerion Media has the absolute right to manage, regulate, modify, and/or eliminate such virtual currency and/or virtual goods as it sees fit in its sole discretion, and Alerion Media shall have no liability to You or anyone for the exercise of such rights. You are responsible for all charges incurred from Your account whether they are made by You or anyone else who accesses Your account. All virtual goods and currencies are forfeited if Your account is terminated or suspended for any reason, and Alerion Media has no obligation to refund You for any prior purchases or provide any other cure or remedy.

4.1 Code of Conduct

You acknowledge and agree that You will not under any circumstances:

  • Engage in any act that Alerion Media deems to be in conflict with the spirit or intent of the Service, or make improper use of Alerion Media’s support services.

  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to grant virtual goods or currency, gain an unfair edge over other players, or modify, interact, manipulate, or interfere with the Service in any other way.

  • Modify or cause to be modified any files that are a part of the Service.

  • Separate any component(s) of the Service for use.

  • Incorporate any portion of the Service or compile any portion of it in combination with other software or product.

  • Post, transmit, promote, or distribute User Content (defined below) that is illegal.

  • Post, transmit, promote, or distribute User Content that is harmful, abusive, racially offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or otherwise objectionable. Hate speech is not tolerated.

  • Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

  • Impersonate a celebrity or any other person, indicate falsely that You have a relationship with Alerion Media, or attempt to mislead users by indicating that You represent Alerion Media or any of its partners or affiliates in any other way.

  • Reverse engineer, decompile, disassemble, decipher, extract, or otherwise attempt to derive the source code or configuration for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted.

  • Create any similar or derivative works from or of the Service in part or in whole, or encourage, aid, or assist any other person or party in doing so.

  • Engage in any commercial activities or post messages for any purpose other than personal communication, including but not limited to advertising or promoting a product, service, or website, or participating in the propagation of “spam”, junk email, solicitations, chain letters, pyramid schemes, etc.

  • Request or otherwise attempt to discover personal or private information about any other users of the Service or any employees or representatives of Alerion Media.

  • Upload any software or User Content that You do not own or have permission to freely distribute.

  • Promote or encourage any illegal activity including hacking or distributing counterfeit software.

  • Upload or transmit files that contain malware, spyware, viruses, or may be otherwise damaging, destructive, or harmful.

  • Create, use, or distribute “auto” software programs, “macro” software programs, or any other “cheat utility” software program or applications.

  • Attempt to, or aid or assist in an attempt to interfere with, attack, hack, bypass the security of, disrupt or overburden, or decipher any transmissions involving the Service.

  • Interfere with the ability of others to enjoy using the Service.

  • Obtain or attempt to obtain any unfair advantage, procure virtual goods and/or virtual currency through unauthorized means, or bypass any game system by exploiting a bug, design flaw, technical issue, or any other method.

  • Use the Service for gambling, betting, or any similar activity in which prizes or rewards can be won (directly or indirectly).

Alerion Media reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of this Agreement. Alerion Media reserves the right to take action as a result, which may include terminating Your use and prohibiting You from using the Service in part or in whole.

Third parties may also post additional rules that apply to Your conduct on those services. You must also obey all applicable laws, regulations, and rules that apply to Your activities when You use the Service.

5 Ownership

All rights, title, and interest in and to the Service are owned by Alerion Media. Alerion Media reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

5.1 Accounts

Any accounts created by You on the Service shall forever be owned by Alerion Media, and You agree that You have no ownership or other property rights or interest regarding those or any other part of the Service.

5.2 Virtual Content

Alerion Media owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. You agree that You have no right or title in or to any content that appears in the Service, whether earned or purchased.

6 User Content

"User Content" means any communications, text, data, images or graphics, audio, and all the material, data, and information that You upload or transmit through the Service, or that other users upload or transmit. By transmitting or submitting any User Content while using the Service, You affirm, represent, and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions, or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms, or other malicious code; and (d) You acknowledge and agree that any of Your personal information within such content will at all times be processed by Alerion Media in accordance with its Privacy Policy.

Alerion Media assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at Your own risk. By using the Service, You may be exposed to User Content that is offensive, indecent, or otherwise not in line with Your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. Alerion Media’s representatives or technology may monitor and/or record Your interaction or communications with the Service.

By entering into these Terms of Service, You hereby provide Your irrevocable consent to such monitoring and recording. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Content, including without limitation text or voice communications.

If You have an idea or information that You would like to keep confidential and/or don't want others to use, do not post it on, or transmit it through or using the Service. Alerion Media shall have no responsibility to evaluate, use, or compensate You for any ideas or information You choose to submit, post, or transmit.

You are solely responsible for Your interactions with other users of the Service and any other parties with whom You interact through the Service. Alerion Media reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Alerion Media to investigate any suspected unlawful, fraudulent, or improper activity including, without limitation, granting Alerion Media access to any password-protected portions of any accounts You have on the Service.

If You have a dispute with one or more other users, You release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

6.1 User Content License

You hereby grant to Alerion Media an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, for Your User Content as well as all modified and derivative works thereof. You also hereby grant to Alerion Media the right to authorize others to exercise any of the rights granted to us under this Agreement. You further hereby grant to Alerion Media the unconditional, irrevocable right to use and exploit Your name, likeness, and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by law, You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner.

7 Service Updates

Alerion Media may from time to time, in its sole discretion, offer updates to the Service. We may require that You accept updates to the Service, and we disclaim any and all liability relating to Your failure to install any updates to the service. You acknowledge and agree that Alerion Media may update the Service with or without notifying You. You may need to update third party software from time to time in order to use the Service. Notwithstanding the foregoing, Alerion Media does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Service.

8 Internet Access

Using the Service may also use an Internet connection and may result in charges from Your internet service provider. Alerion Media is not responsible for any such charges. Alerion Media is also not liable for any disruption, failure, or malfunction of the internet or other service providers or for any other situation or event that is out of Alerion Media’s direct control. Alerion Media is not responsible for any acts or omissions of Your network communication or internet service provider(s), or for any unavailability or errors associated with their systems or services.

9 Digital Millennium Copyright Act – Notice & Takedown

If You are a copyright owner and believe that any User Content infringes upon Your copyright rights, You may submit a notification to Alerion Media at alerion+legal@alerionmedia.com. Pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), such notification must include:

A description of the copyrighted work that You claim has been infringed; a description of where the alleged infringing material is located; a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Your contact information (email and telephone number); and a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner's behalf.

10 Disclaimer of Warranties

WITHOUT LIMITING ALERION MEDIA’S LIABILITY UNDER SECTION 11 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ALERION MEDIA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to You.

11 Limitation of Liability; Sole and Exclusive Remedy

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALERION MEDIA SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALERION MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, ALERION MEDIA SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ALERION MEDIA IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO ALERION MEDIA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND ALERION MEDIA’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ALERION MEDIA IS FOR YOU TO STOP USING THE SERVICE.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ALERION MEDIA OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ALERION MEDIA.

12 Indemnification

You agree to defend, indemnify, and hold harmless Alerion Media and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, contractors, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) Your use of the Service; (ii) any dispute between You and any other user or users of the Service; (iii) Your interactions with any User Content, whether or not such User Content was created or posted by You; (iv) Your violation or breach of this Agreement, or (v) the infringement by You, or any other user of Your account, of any intellectual property or right of any person or entity. Alerion Media reserves the right, at Your expense, to assume the exclusive defense and control of any indemnifiable matter and You agree to cooperate with Alerion Media to defend these claims.

13 Dispute Resolution

You and Alerion Media agree that the processes for dispute resolution described in this Agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims.

In the event of a dispute, You and Alerion Media will attempt to resolve such dispute through informal negotiation within sixty (60) days from the date a written notice of the dispute is sent to the other party. After sixty (60) days, either You or Alerion Media may commence an arbitration proceeding to resolve the dispute as set forth below.

13.1 Binding Arbitration

If You and Alerion Media do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration under the Federal Arbitration Act, 9 U.S. Code section 1 et seq., the rules of the American Arbitration Association as updated from time to time, and the provisions set out in this Section 13. The dispute will be resolved by a neutral arbitrator whose decision will be final except for the limited right of appeal under the Federal Arbitration Act.

13.2 Class Action Waiver

To the maximum extent permitted under applicable law, any proceedings to resolve any dispute in any forum will be conducted solely on an individual basis. Neither You nor Alerion Media will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and will proceed in a court of law, with the remaining parts proceeding in arbitration.

13.3 Disputes to be Filed in One Year

To the extent permitted by applicable law, arbitration or litigation of any dispute must be initiated within one (1) year from the date the cause of action accrued. If a dispute is not initiated within one (1) year, it will be permanently barred.

13.4 Equitable Relief

You agree that Alerion Media would be irreparably damaged if the terms of this Section 13 are not specifically enforced. Therefore, in addition to any other remedy that Alerion Media may have at law, and notwithstanding our agreement to arbitrate disputes, we will be entitled, without bond or other security, or proof of damages, to seek appropriate equitable remedies with respect to Your violation of this Agreement in any court of competent jurisdiction.

14 Governing Law & Jurisdiction

The laws of the State of Washington, excluding its conflicts-of-law rules, govern this Agreement and Your use of the Services. You expressly agree that for claims and disputes not subject to the arbitration agreement, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement, the Privacy Policy, or the Services shall be the federal or state courts that govern Seattle, Washington. You expressly consent to the exercise of personal jurisdiction of such courts, and both You and Alerion Media hereto waive any objection to jurisdiction and venue in such courts.

15 Export Law Compliance

You acknowledge that the Service is of United States (“U.S.”) origin. You agree to comply with all applicable international and national laws that apply to the Service, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use, and destination restrictions issued by U.S. and other governments.

16 Severability

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect.

17 No Waiver

Any failure by Alerion Media to insist on or enforce strict performance of this Agreement shall not be construed as a waiver or relinquishment by Alerion Media of any provision or any right it has to enforce this Agreement in that or any other instance, nor shall any communication or course of conduct between Alerion Media and You or any other party be deemed to modify any provision of this Agreement.

Any express waiver by Alerion Media of any provision, condition, or requirement of these Terms of Service or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Alerion Media shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Alerion Media.

18 Assignment

Alerion Media may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Alerion Media’s prior written consent, and any unauthorized assignment and delegation by You is ineffective.

19 Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Alerion Media are of a unique and irreplaceable nature, the loss of which shall irreparably harm Alerion Media and which cannot be replaced by monetary damages alone so that Alerion Media shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You.

You agree to irrevocably waive all rights to seek injunctive or other equitable relief.

20 Headings

The headings in this Agreement are for convenience and ease of reference only, and shall not be interpreted or used to limit the Agreement’s provisions.

21 Void Where Prohibited

Although the Service is accessible in many parts of the world, not all features, products, or services discussed, referenced, provided, or offered through or on the Service are available to all persons, available in all geographic locations, or appropriate or available for use outside the United States. Alerion Media reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Service is void where prohibited. If You choose to access the Service from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws.

22 Termination

These Terms of Service will remain effective until terminated. Without limiting its rights and remedies, Alerion Media may, in its sole discretion, terminate this Agreement with You. Upon termination of this Agreement, You acknowledge that any license granted to You by this Agreement is immediately expired and You must immediately discontinue exercising such license rights and cease all use of the Service. All Sections of this Agreement except Section 3 (Service License) shall survive any termination of this Agreement.

23 Language

​​If Alerion Media provides a translated version of these Terms of Service, the Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies.

24 Entire Agreement

This Agreement is the entire agreement between You and Alerion Media with respect to Your use of the Service, and any and all other written or oral agreements or understandings previously existing between You and Alerion Media with respect to such use are hereby superseded and canceled. This Agreement is not intended to supersede or replace any other agreements entered into with Alerion Media by You or Your company. To the extent there are any conflicts or inconsistencies between this Agreement and any other agreement, policy, or documentation, the following order of precedence will apply for resolving such conflicts or inconsistencies: (i) this Agreement shall control; and then (ii) any other agreements, policies, or documentation.

25 Force Majeure

Alerion Media shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Alerion Media’s control such as acts of God, war, terrorism, riot, embargo, an act of civil or military authorities, fire, flood, accident, strike, or shortage of transportation facilities, fuel, energy, labor, and/or material.