Terms and Conditions
ALPHA INDUSTRIES, INC. TERMS AND CONDITIONS OF USE
You must accept the Terms, in full, before using any of Our Websites. You can accept the Terms in two ways:
(1) by clicking to "accept" or "agree" to the Terms, where this option is presented or made available to you on or from any of Our Websites,
(2) and by actually using any of Our Websites.
BY USING ANY OF OUR WEBSITES, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE ANY OF OUR WEBSITES.
EXCEPT AS OTHERWISE PROVIDED, THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF OUR WEBSITES AFTER ANY CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).
3. Ownership of Websites, Content and Trademarks
Our Websites are owned and controlled by Alpha Industries, Inc., and unless otherwise agreed in writing, all materials on Our Websites, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the "Content"), are owned, controlled and/or licensed by Alpha Industries, Inc. or other third parties. The Websites and Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Websites for your personal use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the Websites for any public or commercial purpose without our prior express written consent.
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Alpha Industries, Inc. and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website.
4. Your Use of Our Websites
www.kemangicon.com | www.shopalphaindustries.com
You may use Our Websites only as permitted by the Terms and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.
You agree not to use any "deep-link", "robot", or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of any Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of any Website or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website. We reserve the right to take measures to prevent any such activity.
You agree not to gain or attempt to gain unauthorized access to any portion or feature of any Website, or any other system or network connected to the Website or to any of our business partners' servers, systems or networks, by hacking, "password-mining" or using any other illegitimate method of accessing data.
You agree not to probe, scan or test the vulnerability of any Website or any network connected to the Website, nor breach the security or authentication measures on any Website or any network connected to any Website. You agree not to not reverse look-up, trace or seek to trace any information on any other visitor to any Website, or any other customer of Alpha Industries, Inc., including any shopping account or account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to Personally Identifiable Information (PII) or other information that reasonably could be used to connect non-PII to PII.
You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us in an attempt to overwhelm our systems to create a "Denial of Service" or similar attack.
You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of any Website or any transaction occurring on a Website, or with any other person's use of any Website.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through any Website or any service offered on or through any Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.
5. User Communications and User Content
6. Accounts, Passwords and Security
You should not share your account or passwords with third parties. You agree to notify Alpha Industries, Inc. immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by Alpha Industries, Inc. or any other user of or visitor to any of Our Websites due to someone else using your Account ID, password or account.
You may not use anyone else's Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. Alpha Industries, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
7. Products and Sales
In describing and portraying our products on Our Websites, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Content of any Website is accurate, complete, reliable, current, or error-free. The actual products may vary from the pictures on Our Websites. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice.
We have made every effort to display as accurately as possible the colors of our products that appear on the Websites. We cannot guarantee that your computer monitor's display of any color will be accurate, complete, reliable or error-free.
Quantities are limited, so your order, even if payment is processed, may not be fulfilled. If your credit card has already been charged for the purchase and your order is cancelled, Alpha Industries, in its discretion, will issue a credit to your credit card account in the amount of the paid price, issue a discount coupon for a comparable amount of the sale, or offer an alternative product. In addition, if any of our products are unintentionally listed on this web site at an incorrect price due to an error, Alpha Industries shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Further, Alpha Industries shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged.
When you place an order on our e-commerce Website (www.kemangicon.com) we will ship your order to the address designated by you as long as that shipping address is compliant with the shipping restrictions set out at the e-commerce Website. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
Risk of Loss
All items purchased on our e-commerce Websites at www.kemangicon.com are made pursuant to a shipping contract. This means that the risk of loss for all items purchased pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. For specific information regarding returns, refunds, or exchanges of merchandise for both domestic and international sales, please visit our Customer Service page under “Shipping”.
8. Links to Our Websites: Third Party Links on Our Websites
Creating or maintaining any link from another website to any page on any of Our Websites without our prior written permission is prohibited. Running or displaying any of Our Websites or any information or material displayed on any Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to any of Our Websites must comply will all applicable federal and state laws, statutes, rules and regulations.
9. Change in Websites and Contents
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue any of Our Websites or any service, content, feature or product offered through any Website, with or without notice; charge fees in connection with the use of any Website; modify and/or waive any fees charged in connection with any Website; and/or offer opportunities to some or all users of any Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to any of Our Websites.
10. Disclaimers; Limitations on Liability
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
EXCEPT AS OTHERWISE OFFERED BY US THROUGH YOUR PURCHASE OF PRODUCTS OR RELATED SERVICES FROM OUR WEBSITES, YOUR USE OF OUR WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES IS AT YOUR OWN RISK. OUR WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK.
EXCEPT AS OTHERWISE OFFERED BY US THROUGH YOUR PURCHASE OF PRODUCTS OR RELATED SERVICES FROM OUR WEBSITES, AND TO THE FULL EXTENT PERMISSIBLE BY LAW, ALPHA INDUSTRIES, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO OUR WEBSITES, INTERACTIVE SERVICES, HYPERLINKS, AND/OR THE SERVICES, PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH OUR WEBSITES OR OTHERWISE BY OR THROUGH ALPHA INDUSTRIES, INC.
WE DO NOT WARRANT AND MAKES NO REPRESENTATION AS TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITES, INTERACTIVE SERVICES, AND HYPERLINKS, OR THE SERVICES, AND OTHER WEBSITES MADE AVAILABLE TO YOU THROUGH OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT OUR WEBSITES, OUR SERVERS, ELECTRONIC COMMUNICATIONS SENT FROM US OR THROUGH OUR WEBSITES, OR SOFTWARE MADE AVAILABLE THROUGH OUR WEBSITES WILL BE ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALPHA INDUSTRIES, INC., AND ITS EMPLOYEES, MEMBERS, AGENTS, OFFICERS, OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OUR WEBSITES, INTERACTIVE SERVICES, LINKS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITES OR SUCH OTHER LINKED WEBSITES, OR FROM ANY SERVICES OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED OR REFERRED TO ON OUR WEBSITES OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITES, OR SUCH OTHER LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY OTHER LOSSES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOSS OF BUSINESS OR GOODWILL AND DATA LOSS, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, BUT IN THE INTEREST OF CLARITY, ALPHA INDUSTRIES, INC. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER SYSTEM, SOFTWARE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THEM.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. ARBRITRATION AND CLASS ACTION WAIVER
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS, IF WE ARE A PARTY TO THE PROCEEDING.
This section will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
12. Additional Assistance
If you have any questions or concerns about the Terms, please send an email to CUSTOMERSERVICE@ALPHAINDUSTRIES.COM;
Call us Toll-Free at 1-866-631-0719 or write to us at:
Alpha Industries, Inc. Corporate Headquarters
14200 Park Meadow Drive
Suite 110 South Tower
Chantilly, VA 20151 USA
Please be assured that any Personally Identifiable Information that you provide in communications to the above email, telephone number and postal address will not be used to send you promotional materials.