Alto Side LLC – Terms & Condition

Effective Date: March-23-2024

Terms & Condition

1. Introduction

Welcome to the Terms of Service and Use (the “Terms”) for Alto Side, located at www.Altoside.com (the “Site”). This document governs your use of the Site, related applications, subdomains, and all services (the “Services”) provided by Alto Side. Alto Side is registered and operates under the laws of the State of Montana, United States of America, with principal offices located in [insert city or county in Montana]. These Terms constitute a binding legal agreement between Alto Side (“we,” “us,” or “our”) and the individual or entity accessing the Site (“User,” “you,” or “your”).

By using or accessing the Site, you signify that you have read, understood, and agree to be bound by these Terms, as well as Alto Side’s Privacy Policy (the “Policy”) and any supplemental policies, terms, or agreements expressly referenced within these Terms. Alto Side may modify, alter, or update these Terms at any time and at our sole discretion. Notification of significant changes will be posted on the Site or sent via electronic communication, and continued use of the Site after such modifications constitutes acceptance of the amended Terms.

Failure to comply with these Terms may result in the termination or suspension of your account, access, or any associated privileges, in Alto Side’s sole discretion.

2. Electronic Communications

When you access or interact with the Site, communicate electronically with Alto Side via email or submit information through online forms, you consent to receive electronic communications from us. These communications satisfy any legal requirement for written communication, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically are deemed valid and satisfy any formal legal or contractual requirement for written notification.

You agree to keep your contact information accurate and up-to-date and acknowledge that communications sent to your registered email address or other designated contact point are considered effectively delivered once dispatched by Alto Side. We may rely on these records as proof of your receipt of communications. If you wish to withdraw your consent to receive communications electronically, you must cease using the Site immediately, as electronic communications are an essential part of our relationship with you.

3. Acceptance of Terms and Binding Nature

By accessing or using the Site, you represent that you have the authority and legal capacity to enter into this binding agreement. Continued use of the Site signifies your acceptance of these Terms, which constitutes a legally enforceable contract between you and Alto Side. You agree that you will not contest the enforceability or validity of these Terms under applicable laws, including statutes governing electronic transactions.

If you disagree with any part of these Terms or cannot fulfill the obligations stated herein, you must discontinue your use of the Site immediately. Alto Side reserves all rights not expressly granted in these Terms, and no implied licenses or rights are provided to you. Your obligations under these Terms are non-transferrable and may not be assigned to any third party without Alto Side’s prior written consent.

4. Scope of Services

Alto Side offers an array of digital services aimed at [specific user needs, e.g., project management, analytics, etc.]. Services are provided “as is” and may vary depending on user account type, location, and other factors. Alto Side reserves the right to modify, enhance, or discontinue any Services at any time without prior notice. Users acknowledge that Alto Side has the sole discretion to determine the scope, availability, and conditions of Services, and may alter features, functionalities, or tools provided.

Each User is responsible for ensuring that their use of the Services complies with all applicable laws, regulations, and industry standards. Alto Side provides these Services solely for authorized uses and only for the benefit of Users who meet our eligibility criteria. Misuse of the Services, including any attempt to bypass, manipulate, or exploit Site features for unauthorized purposes, is a violation of these Terms and may result in account suspension or termination.

5. User Eligibility and Account Responsibility

To access and utilize certain Site features, you may be required to register and create an account. By registering, you confirm that the information you provide is accurate, current, and complete. Alto Side reserves the right to deny, deactivate, or suspend accounts for any reason, including suspected fraudulent or unauthorized activity. Users are solely responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account.

You agree to notify Alto Side immediately if you suspect any unauthorized access or breach of security regarding your account. Alto Side will not be held liable for any loss or damage arising from a failure to comply with these security obligations. By creating an account, you consent to receive periodic communications from Alto Side related to your account, including updates, promotions, and notifications.

6. User Responsibilities and Compliance

Users of the Site and Services must comply with all applicable federal, state, and local laws, including but not limited to Montana and United States laws governing intellectual property, data privacy, and electronic communications. By accessing the Site, you agree to refrain from the following prohibited activities:

Unauthorized Access: Attempting to gain unauthorized access to systems, accounts, data, or restricted areas of the Site.
Interference with Services: Engaging in actions that interfere with Site functionality or disrupt Services, including uploading malicious software, scripts, or automated processes.
Prohibited Content: Posting, distributing, or transmitting content that is unlawful, defamatory, obscene, or infringes upon the intellectual property or privacy rights of others.
Commercial Exploitation: Using the Site or its Services for unauthorized commercial activities, including but not limited to selling, licensing, or exploiting Site content.
Fraud and Misrepresentation: Misrepresenting identity, falsely claiming affiliation, or providing misleading information.

Violations of these guidelines may result in immediate termination of your account and access to the Site. Additionally, Alto Side reserves the right to pursue any legal remedies available under applicable law.

7. Intellectual Property Rights and Limited License

All content available on the Site, including text, graphics, logos, designs, software, and trademarks, is the exclusive property of Alto Side or its licensors and is protected by U.S. and international copyright, trademark, and intellectual property laws. Users are granted a limited, non-transferable, revocable license to access and use the Site content solely for personal, non-commercial purposes.

Users may not alter, reproduce, redistribute, or exploit any portion of the Site content without prior written permission from Alto Side. Unauthorized use or misappropriation of Alto Side’s intellectual property may result in legal action and the immediate suspension or termination of your account.

8. Payments, Fees, and Billing Policies

All charges for Services provided by Alto Side are listed in U.S. Dollars (USD) and are payable through approved payment methods, such as credit card, debit card, or third-party payment processors. By submitting an order or request for Services, you agree to pay all associated charges, including applicable taxes, handling, and processing fees. You are responsible for ensuring that payment information is accurate, and any errors or delays resulting from inaccurate payment details are your responsibility.

Non-Refundable Payments: All purchases, subscriptions, and one-time payments are final once Services commence, unless explicitly stated otherwise by Alto Side. Any adjustments, if applicable, will be handled in accordance with the Refund Policy detailed below.

Alto Side reserves the right to modify billing rates and fees at any time, with changes effective immediately upon posting on the Site or as otherwise communicated to Users.

9. Money-Back and Satisfaction Guarantee

At Alto Side, we are committed to providing high-quality Services and aim for complete customer satisfaction. We offer a limited Money-Back Guarantee and Satisfaction Guarantee under the following conditions:

Money-Back Guarantee Conditions:
1. Qualification Criteria: To qualify for consideration of the Money-Back Guarantee, Users must complete all onboarding materials provided by Alto Side, including watching all required training videos or materials.
1. Support Calls Requirement: Users must have engaged in a minimum of three (3) support calls with Alto Side’s support team to address any concerns, difficulties, or inquiries related to the Services before requesting any refunds. The intent is to ensure that all potential solutions have been explored before refund eligibility.
1. No Cash Refunds Provided: While Alto Side does not offer cash refunds, we may, at our sole discretion, offer one additional month of Service free of charge for qualifying users as part of our satisfaction assurance. This is offered to provide Users additional value and support in achieving desired outcomes through our Services.
30-Day Conditional Implementation Guarantee
- At Alto Side, we are committed to delivering a fully configured and operational system as outlined during onboarding. Because our Services consist of digital access, software configuration, and customized implementation work that begins immediately upon purchase, refunds are strictly limited and subject to the conditions set forth below. By purchasing our Services, the User expressly acknowledges and agrees to this policy.
  - The 30-Day Conditional Implementation Guarantee applies solely to Alto Side’s obligation to complete the agreed system configuration and activation milestones within thirty (30) calendar days of the original purchase date. To qualify for refund consideration under this Guarantee, the User must complete all required onboarding steps within seven (7) days of purchase, provide all requested materials and access credentials necessary for implementation, attend at least three (3) scheduled onboarding or support sessions, cooperate in good faith with implementation instructions, and launch at least one campaign, automation, or workflow as directed. A written refund request must be submitted within the thirty (30) day period. Failure to satisfy any of these requirements renders the User ineligible for refund consideration.
    - This Guarantee applies only if Alto Side fails to complete the agreed implementation milestones despite the User’s full compliance with the above conditions. The Guarantee does not apply to lead generation outcomes, revenue performance, advertising results, business profitability, market response, user engagement levels, or return on investment. Alto Side does not guarantee financial results or business success, and dissatisfaction based on business performance does not constitute grounds for refund.
      - If Alto Side determines, in its reasonable discretion, that it has failed to complete the agreed implementation milestones within the 30-day period and that the User has satisfied all eligibility requirements, Alto Side may, at its sole option, (i) refund the User’s initial payment only, or (ii) provide service credit or an extension of services at no additional charge until implementation is completed. Refunds, if approved, are strictly limited to the initial payment made to Alto Side and expressly exclude subscription renewals, recurring billing cycles, custom development work, third-party services, advertising spend, domain purchases, integration fees, transaction fees, and any other external costs.
        
        The User acknowledges that Alto Side’s Services constitute digital products and customized configuration services that are deemed delivered once account access credentials are issued and implementation work has commenced. Because digital access and implementation begin immediately, Alto Side does not offer unconditional, “no-questions-asked,” or satisfaction-based refunds. A change of mind, lack of usage, failure to implement recommendations, or business performance dissatisfaction does not constitute failure of delivery.
        
        Alto Side retains sole and reasonable discretion to determine whether the eligibility requirements have been met and whether the implementation milestones were completed in accordance with the agreed scope. This section represents the exclusive remedy for refund claims. No refunds, credits, or compensation shall be provided except as expressly stated herein.
Final Decision: Alto Side reserves the right to make the final determination regarding the qualification of any User under this Money-Back and 30-Day Conditional Implementation Guarantee. Alto Side is not obligated to offer any additional services, adjustments, or refunds beyond those explicitly stated within this section.

10. Refund Policy

Due to the custom and tailored nature of our Services, all sales are final once production or service delivery has commenced. Refund requests will only be considered under limited conditions where Alto Side has not yet started work on the specific Service requested. Users must notify Alto Side of any alleged defects or concerns within 24 hours of receiving the completed Service.

Refunds may be issued at Alto Side’s discretion and are subject to deductions covering handling fees, processing charges, and other non-refundable costs. Users are responsible for providing any necessary materials for review as part of their refund request, as specified by Alto Side’s support team.

11. Disclaimer of Warranties

The Site and Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Alto Side disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement. Alto Side does not guarantee that the Site will be error-free, uninterrupted, secure, or produce any specific results.

Users acknowledge that Alto Side makes no guarantees regarding the accuracy or completeness of any information or materials provided through the Site, and Users rely on such information solely at their own risk.

12. Limitation of Liability

In no event shall Alto Side be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from your use of the Site or Services, regardless of the theory of liability, including contract, tort, or otherwise. Alto Side’s total cumulative liability shall not exceed the amount paid by the User to Alto Side in the twelve (12) months preceding the incident giving rise to the claim, or $100, whichever is less.

Certain jurisdictions may not allow the exclusion or limitation of certain damages, so these limitations may not apply in full in all jurisdictions.

13. Indemnification

You agree to indemnify, defend, and hold Alto Side and its officers, employees, affiliates, agents, and contractors harmless from any claims, damages, losses, liabilities, and expenses, including legal fees, arising out of your use of the Site, violation of these Terms, or infringement of any third-party rights.

14. Ownership of Intellectual Property

All content, features, functionalities, design elements, graphics, layouts, and code used on the Site, including but not limited to text, graphics, images, logos, button icons, software, audio, and video (collectively, the “Content”), are the exclusive property of Alto Side LLC or its licensors. This Content is protected under applicable copyright, trademark, and intellectual property laws. Alto Side LLC grants you a limited, non-transferable, revocable license to access and use the Content solely for personal, non-commercial purposes. Unauthorized use of the Content, including reproduction, modification, distribution, transmission, republication, display, or performance of the Content, is strictly prohibited without Alto Side LLC’s prior written consent.

The trademarks, service marks, trade names, and logos (collectively, “Marks”) displayed on the Site are the property of Alto Side LLC or third-party owners. You agree not to use these Marks in any way that might cause confusion or imply endorsement, sponsorship, or association with Alto Side LLC without express prior written permission. Unauthorized use of any Alto Side LLC Marks or Content may lead to civil and criminal penalties, and Alto Side LLC reserves the right to pursue all available legal remedies for unauthorized use.

15. Digital Millennium Copyright Act (DMCA) Compliance and Notice

Alto Side LLC respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been improperly used or made accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work you claim has been infringed;
Identification of the material that is claimed to be infringing and information sufficient to allow us to locate the material on the Site;
Your contact information, including address, telephone number, and email address;
A statement by you, under penalty of perjury, that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send DMCA notices to admin@Alto Side.com, with the subject line “DMCA Takedown Request.” Alto Side LLC will review and address your claim promptly and may remove or disable access to the alleged infringing material if it believes that a violation has occurred.

16. Third-Party Links, Websites, and Resources

The Site may contain links to third-party websites, services, or resources. These links are provided solely for your convenience and do not signify endorsement or control by Alto Side LLC over the content, products, services, or information provided by third-party sites. Alto Side LLC does not guarantee the accuracy, completeness, or availability of content on third-party websites, nor does it accept responsibility for any damages or consequences resulting from your use of these external sites or resources.

By following a third-party link, you acknowledge that you do so at your own risk. Alto Side LLC strongly recommends that you review the terms and privacy policies of any third-party sites you visit. Your interactions and transactions with third parties are solely between you and those third parties, and Alto Side LLC is not liable for any losses or damages you may incur as a result of such interactions.

17. Advertising and Marketing Communications

Alto Side LLC may engage in advertising activities on the Site, including displaying third-party advertisements, promotions, or sponsored content. By using the Site, you agree to the display of advertisements and sponsored content as part of the user experience. Alto Side LLC may tailor advertisements based on your interactions with the Site, your account information, and any other legally permissible data.

You may have the opportunity to subscribe to newsletters or marketing communications from Alto Side LLC. By subscribing, you consent to receive communications via email or other electronic means. You can manage your preferences or unsubscribe at any time by following the instructions provided in the communication. Please note that even if you opt out of marketing communications, Alto Side LLC may still send you transactional or administrative messages related to your account or usage of the Site.

18. Amendments to Terms, Service Modifications, and Suspension of Services

Alto Side LLC reserves the right to amend or modify these Terms, and any policies incorporated by reference, at any time and in its sole discretion. We will post any changes to the Terms on the Site and update the “Date of Last Update” at the beginning of this document. It is your responsibility to review these Terms periodically. By continuing to use the Site or Services after any changes are posted, you indicate your acceptance of the updated Terms.

Alto Side LLC may also modify, suspend, or discontinue any part of the Site or Services, either temporarily or permanently, without notice. Such modifications may include the addition or removal of features, content updates, and changes in functionality. Alto Side LLC is not liable to you or any third party for any modification, suspension, or discontinuance of the Site or Services. Your only recourse if you are dissatisfied with modifications to the Site or Services is to discontinue use.

19. Governing Law and Choice of Jurisdiction

These Terms, and any dispute that may arise from or relate to your use of the Site or Services, shall be governed by and construed in accordance with the laws of the State of Montana, without regard to conflict of law principles. By accessing or using the Site, you agree that all disputes arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located within the State of Montana. You consent to the jurisdiction and venue of these courts and waive any objections on the grounds of inconvenient forum.

This choice of jurisdiction does not prevent Alto Side LLC from seeking injunctive or equitable relief in any court of competent jurisdiction to prevent or address infringement of its intellectual property rights.

20. Arbitration and Dispute Resolution

To ensure prompt and efficient resolution of any disputes arising out of or relating to these Terms, Alto Side LLC and you agree that any disputes, claims, or controversies shall be resolved by binding arbitration. Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) and shall take place in Montana. The arbitrator’s decision will be final and binding, and judgment may be entered upon it in any court with jurisdiction.

Class Action Waiver: You agree to bring claims only in your individual capacity, not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Neither you nor Alto Side LLC shall have the right to arbitrate claims as a class action or private attorney general action.

If any portion of this arbitration provision is deemed invalid or unenforceable, it shall be severed, and the remaining provisions shall continue in full force and effect.

21. Limitation of Liability

To the fullest extent permitted by law, Alto Side LLC and its affiliates, officers, directors, employees, agents, licensors, and suppliers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in any way connected with your use of the Site or Services, even if Alto Side LLC has been advised of the possibility of such damages.

In any event, Alto Side LLC’s total liability to you for any claims arising out of or related to the Site, Services, or these Terms shall not exceed the amount you paid to Alto Side LLC, if any, for access to or use of the Site or Services in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so this limitation may not apply to you. In those cases, Alto Side LLC’s liability is limited to the maximum extent permitted by law.

22. Indemnification

You agree to indemnify, defend, and hold harmless Alto Side LLC and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

Your use of the Site or Services;
Your breach of these Terms or any applicable laws;
Any claim that any content you submit or transmit through the Site infringes or otherwise violates the rights of a third party;
Your violation of any rights of a third party.

Alto Side LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully with Alto Side LLC in asserting available defenses in such cases.

23. Force Majeure

Alto Side LLC shall not be liable for any failure or delay in performance under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, acts of God, wars, civil disturbances, government actions, pandemics, labor disputes, power failures, network failures, cyber-attacks, or other events that are unforeseeable and unavoidable.

In the event of such a force majeure event, Alto Side LLC will make reasonable efforts to resume performance as soon as possible. If the interruption is extensive, Alto Side LLC may terminate the affected Services or suspend them until further notice.

24. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Alto Side LLC. Any attempted assignment or transfer without such consent shall be void. Alto Side LLC may assign or transfer these Terms, including all rights and obligations, to any third party at any time and without notice, such as in connection with a merger, acquisition, reorganization, or sale of assets.

These Terms shall be binding upon and inure to the benefit of the successors and permitted assigns of both parties.

25. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unenforceable, or unlawful, the remainder of these Terms shall continue to be in full force and effect. The invalid provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.

The parties agree that the purpose of this severability clause is to maintain the enforceability of these Terms to the fullest extent permissible by law.

26. Waiver of Class Actions and Non-Individualized Relief

To the fullest extent permitted by law, all claims against Alto Side LLC must be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action. By agreeing to these Terms, you waive any right to bring or participate in any class action or representative proceeding, whether as a named plaintiff or class member.

If a court deems this waiver of class actions unenforceable, then this Section shall be severable from these Terms, but the remaining provisions shall remain enforceable.

27. Binding Arbitration and Waiver of Class Action

All disputes arising from these Terms or Site use shall be resolved through binding arbitration in Montana. Both parties waive any rights to a jury trial or to participate in a class action. Arbitration shall be conducted under the rules of the American Arbitration Association (AAA), and judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction.

Each party is responsible for its arbitration costs unless otherwise determined by the arbitrator.

27. Marketing Consent and Communcations

By submitting your information through any Alto Side website form, landing page, scheduling page, chat widget, advertisement, or other intake mechanism, you expressly consent to receive communications from Alto Side and its representatives via email, telephone calls, and text messages (SMS/MMS), including messages sent using automated technology, prerecorded messages, artificial or AI-generated voice systems, or automatic telephone dialing systems where applicable.

You understand that these communications may include service notifications, appointment confirmations, account updates, promotional offers, marketing messages, follow-ups, and other information related to Alto Side’s products and services. Message frequency may vary. Message and data rates may apply.

You acknowledge that providing your phone number and email address constitutes your electronic signature and express written consent to receive such communications. You understand that consent to receive marketing communications is not a condition of purchase and that you may revoke consent at any time.

You may opt out of text message communications by replying STOP to any SMS message. You may opt out of marketing emails by clicking the unsubscribe link included in the email. For assistance, you may reply HELP to any text message or contact us directly.

Alto Side complies with applicable federal and state laws governing marketing communications, including but not limited to the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.

SMS Terms of Service (A2P 10DLC Compliance)

By providing your mobile phone number to Alto Side LLC through our website, software platform, booking forms, checkout pages, account registration, or other opt-in methods, you consent to receive SMS communications from Alto Side LLC related to appointment confirmations and reminders, account notifications, billing and subscription notices, customer support follow-ups, and other service-related or customer-requested communications. Message frequency varies depending on your interaction with our Services and your account activity. SMS communications are primarily transactional and informational in nature, and promotional messages will only be sent if you have separately provided consent.

You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us. After sending STOP, you will receive a confirmation message, and you will no longer receive SMS communications from Alto Side LLC unless you re-subscribe. For assistance, you may reply HELP or contact us directly for support.

For questions regarding SMS communications or our Services, you may contact us at [Insert Support Email], call [Insert Business Phone Number], or visit https://Altoside.com. Message and data rates may apply depending on your mobile carrier and service plan. Alto Side LLC is not responsible for any charges incurred as a result of SMS communications.

Carriers are not liable for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission by your mobile carrier and is not guaranteed by Alto Side LLC.

You must be at least 18 years old to consent to receive SMS communications from Alto Side LLC. By opting in, you represent and warrant that you are 18 years of age or older.

Your participation in SMS communications is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. You may review our Privacy Policy at https://Altoside.com/privacy-policy.

28. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies incorporated by reference, constitute the entire agreement between you and Alto Side LLC with respect to your use of the Site and Services. This agreement supersedes all prior agreements, understandings, and representations, whether oral or written, related to your use of the Site.

Any waiver, modification, or amendment of these Terms must be in writing and signed by an authorized representative of Alto Side LLC to be effective.

These Terms, along with the Privacy Policy and any supplemental agreements referenced herein, constitute the entire agreement between you and Alto Side regarding your use of the Site. Any failure by Alto Side to enforce a provision does not constitute a waiver of that provision.

Contact Information

For any inquiries related to these Terms, please contact:

Alto Side

Header: ATTN LEGAL
Email: admin@Alto Side.com

By using the Site, you confirm that you have read, understood, and agree to these Terms in their entirety.