Terms of Service

Last Updated: Nov 1, 2023

This is a contract (the “Agreement”) between yourself as an individual or entity “you” and one of the following Alt Pro parties:

Changer LLC., a Saint Vincent and the Grenadines corporation, if you meet the following criteria: You do not reside in the U.S.

Unless otherwise specified, these Terms of Service will refer to the above-referenced ALT PRO entities collectively as “ALT PRO.”

PLEASE READ THIS CAREFULLY – IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND ALT PRO. By signing up to use an account through Alt.pro or any associated websites, APIs, or mobile applications (collectively, the “ALT PRO Site”) or by using the ALT PRO Site, you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement. If you do not agree to any part of the Agreement, you may not use the ALT PRO Site or the Services (as defined below).

1. ALT PRO SERVICES AND USE

1.1. ALT PRO Services

Through your ALT PRO account (“ALT PRO Account”) and the ALT PRO Site you are able to buy and sell cryptocurrency and have access to trading algorithms, in addition to certain other services that may be provided by ALT PRO from time to time, including, among other things, account management tools, general news and information, trading alerts, market data including price and analytics, and educational information (collectively, the “Services”). When using the Services to buy or sell cryptocurrency through your ALT PRO Account, you are directly buying from, and directly selling to, ALT PRO. ALT PRO does not offer exchange or clearance services. ALT PRO and its affiliates may transact through their own accounts through the Services, for purposes including, but not limited to, treasury management and to effect purchases and sales of cryptocurrency by ALT PRO and its affiliates.

1.2. Eligibility

You must be 18 years old to use the ALT PRO Site or the Services and represent that you are of such age in doing so. If you are using the Services on behalf of a legal entity, you further represent and warrant that the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and you are duly authorized by such legal entity to act on its behalf. Furthermore, you represent and warrant that you meet the following requirements: (i) you have not previously been suspended or removed from using our Services; (ii) You're not a U.S. citizen or resident of the United States. (iii) you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which it is a party; (iv) you are not located in, under the control of, or a national of any restricted location or any country to which the Saint Vincent and the Grenadines have embargoed goods or services; (v) neither you nor any authorized person on your ALT PRO Account has been identified as a “Specially Designated National” by OFAC; (vi) no one employed by you or who is an investor or principal has been placed on the U.S. Commerce Department’s Denied Persons List; and (vii) you will not use our Services if any applicable laws in the country of its incorporation or operation prohibits you from doing so in accordance with this Agreement. ALT PRO may not make all the Services available in all markets and jurisdictions and may restrict or prohibit use of all or a portion of the Services from certain countries, states, territories, or jurisdictions.

1.3. Permitted Use

You agree and acknowledge that your use of the ALT PRO Site or the Services will not involve the use of any retirement funds, including any personal or indirect IRA investments and that you will not use the ALT PRO Site or the Services in connection with any unlawful or otherwise undesirable activity (as determined by ALT PRO in its absolute and sole discretion), including, but not limited to dealing in regulated products or services, pseudo-pharmaceuticals, adult content and services, unfair/predatory practices, counterfeit goods, gambling, suspected money laundering, or drug activity. In addition, you represent that your ALT PRO Account is discretionary in nature, and is not being used primarily for personal, family, or household purposes.

1.4. Limited License

We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the ALT PRO Site and limited and related websites, content, materials, and information (collectively, the “Content”) solely for approved purposes as permitted by ALT PRO from time to time. Any other use of the ALT PRO Site is expressly prohibited and all other right, title, and interest in the ALT PRO Site is exclusively the property of ALT PRO and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the ALT PRO Site or its related content, in whole or in part. “ALT PRO” and “Alt.pro” and all logos related to the Services or displayed on the ALT PRO Site are either trademarks or registered marks of ALT PRO or its licensors. You may not copy, imitate or use them without our prior written consent.

1.5. Information Security

You acknowledge that the username or identification numbers used to access your ALT PRO Account are unique and that you alone have assigned a unique password to such username or identification number. The password you have created to access your ALT PRO Account is strictly confidential and should only be known to you. You must not share or disclose the password to anyone and assure the confidentiality of your password at all times. You are responsible for protecting your ALT PRO Account and maintaining adequate security and control of all IDs, passwords, hints, personal identification numbers (PINs), API keys, or any other codes that are used to access the Services and will not share ALT PRO Account credentials with third-parties. Any loss or compromise of the foregoing information or any personal information may result in unauthorized access to your ALT PRO Account, and any associated external accounts, by third parties and the loss or theft of assets. You are responsible for providing accurate and complete ALT PRO Account information and for keeping email addresses and telephone numbers up to date in your ALT PRO Account profile to receive any notices or alerts that ALT PRO may send Client. ALT PRO assumes no responsibility for any loss that Client may sustain due to compromise of ALT PRO Account credentials due to no fault of ALT PRO or failure to follow or act on any notices or alerts that ALT PRO may send to you. In the event you believe your ALT PRO Account information has been compromised, contact ALT PRO customer support immediately at [e-mail].

1.6. Authorized Agent and Third-Party Applications

If you grant permission to an additional user, agent, representative, service provider or any other authorized third-party to access or connect to your ALT PRO Account, either through the third-party’s product or service or through the Services, you are fully responsible for all acts or omissions of that agent or third-party with respect to your ALT PRO Account, including all transactions, deposits, withdrawals, or other activities. You acknowledge and agree that you will not hold ALT PRO responsible for, and will indemnify ALT PRO from, any liability arising out of or related to any act or omission of any agent or third-party with access to your ALT PRO Account. You may change or remove agent or third-party ALT PRO Account permissions by contacting customer support at [e-mail].

1.7. Title

With respect to any cryptocurrency you sell, transfer or deliver to ALT PRO, you represent and warrant that you are the lawful owner or possessor of such cryptocurrency with good and marketable title thereto, and you have the absolute right to sell, assign, convey, transfer and deliver such cryptocurrency. You further represent you are the lawful owner or possessor of any external wallet you may use to settle transactions hereunder, and that you have good title thereto and that such wallet is owned and operated for your benefit, and no person or entity, has better rights, title, control or interest in any such wallet.

1.8. No Money Transmission

ALT PRO does not engage in or provide money transmission or money transfer or payments services in connection with the use of the Services. All payments made with respect to the Services are processed and disbursed by regulated financial institutions.

1.9. Ownership

The Content and services and all technology, content and other materials used, displayed or provided in connection therewith, together with all intellectual property rights in any of the foregoing are, as between you and ALT PRO, are owned by ALT PRO.

1.10. User Content

You hereby grant ALT PRO a royalty-free, fully paid-up, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to ALT PRO using the services or submit or post to the ALT PRO Site and that is not feedback owned by ALT PRO or your personal data (the “Client Content”). You represent and warrants that (i) you own the Client Content or have the right to grant the rights and licenses in this Agreement, and (ii) the Client Content and use by ALT PRO of the Client Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third-party. ALT PRO may remove any Client Content from the ALT PRO Site for any reason at ALT PRO's discretion.

1.11. Third-Party Service

In using the ALT PRO Site, you may decide to grant access to a third party services or applications or may view contents provided by third parties, you may view content provided by third parties (“Third-Party Service”). ALT PRO does not control, endorse, or adopt any Third-Party Service and is not responsible for Third-Party Service, including without limitation of material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, Client’s business dealings or correspondence with such third parties are solely between you and the third parties. ALT PRO is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that the use of Third-Party Service, and your interactions with third-parties, is at your own risk.

1.11.1. Third-Party Website

We may link to third party websites on our Website or when providing the Services which are not affiliated or associated with ALT PRO, including but not limited to fiat-to-crypto conversion software widget ("Fiat Gateways"), although branding, advertisements or links relating to our Services may appear on these third party websites) and we may send e-mail messages to you containing advertisements or promotions including links to third parties. We make no representation as to the quality, suitability, functionality or legality of the material on third party websites that are linked to, or to any goods and services available from such websites. The material is only provided for your interest and convenience. We do not monitor or investigate such third party websites and we accept no responsibility or liability for any loss arising from the content or accuracy of this material, and any opinion expressed in the material should not be taken as an endorsement, recommendation or opinion of any member of the Group. For avoidance of doubt, the information contained in any third party websites is not incorporated into these Terms of Service.

2. CREATING AN ALT PRO ACCOUNT

2.1. Registration

In order to use any of the Services, you must first register through the ALT PRO Site and provide certain information. ALT PRO may, in its absolute and sole discretion, refuse to allow you to establish an ALT PRO Account.

2.2. Privacy Policy

We strive to take all reasonable steps to protect your personal information, however, we cannot and do not guarantee the security of any information or data you disclose to us. If you are a customer of Changer LLC, the information we collect is governed by the laws of Saint Vincent and the Grenadines. By accessing or using the ALT PRO Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the applicable countries. Please see our Privacy Policy (our “Privacy Policy”) for more information.

2.3. Fraud Prevention and Identity Verification

In order to use certain features of the Services and to help the government fight the funding of terrorism and money laundering activities, you may be required to provide ALT PRO with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update ALT PRO if any information changes. You hereby authorize ALT PRO to, directly or through third-parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your email address, phone number, name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. If applicable, you further authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber details, if available, to us and service providers for the duration of the business relationship, for identity verification and fraud avoidance. See our Privacy Policy for how we treat your data.

3. TRADING

3.1. Buy

After successfully completing the applicable verification procedures, you may purchase cryptocurrency by linking a valid payment method or depositing cryptocurrency. You authorize CHANALT PROGER to initiate debits from your selected payment method(s) or cryptocurrency balance in settlement of your purchase transactions. Although ALT PRO will attempt to deliver the cryptocurrency to you as promptly as possible, funds may be debited from your selected payment method before the cryptocurrency is delivered to your ALT PRO Account. To secure the performance of your obligations under this Agreement, you grant to ALT PRO a lien on and security interest in and to the balances in your account.

3.2. Sell

After successfully completing the applicable verification procedures, you may sell cryptocurrency by linking a valid payment method or providing a valid cryptocurrency wallet address. You authorize ALT PRO to debit your ALT PRO Account(s) and initiate payment to your selected payment method(s) or wallet in settlement of your sell transactions. Your receipt of funds will vary depending on various factors.

3.3. Transaction Limits

The use of all Services is subject to a limit on the amount of volume you may transact or transfer in a given period, stated in U.S. Dollar terms. Your transaction limits may vary depending on your payment method, identity verification steps you have completed, and other factors. ALT PRO reserves the right to change applicable limits as we deem necessary in our absolute and sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request via the ALT PRO Site or by contacting [e-mail]. We may require you to submit additional information about yourself or your business, provide records, or arrange for meetings with ALT PRO representatives.

3.4. Acceptance, Reversals and Cancellations

ALT PRO will make reasonable efforts to accept trades or transactions, but we are under no obligation whatsoever to accept any specific transaction or order, and may discontinue services in our sole discretion in accordance with this Agreement. You cannot cancel, reverse, or change any transaction marked as complete or pending. You authorize ALT PRO to debit any linked bank account via ACH or other methods and acknowledge that all transactions to/from your bank account comply with this Agreement and are in accordance with U.S. law and standard banking (including ACH) guidelines. In the event of over or duplicate payment by ALT PRO, or if your payment is not successful or if your payment method has insufficient funds, you authorize ALT PRO, in its absolute and sole discretion, either to cancel the transaction or to debit any other payment methods, including ALT PRO Account balances or other linked accounts, including any accounts that may be indirectly linked to you by way of a financial data aggregation services, in any amount necessary to complete or reverse the transaction as appropriate. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. ALT PRO reserves the right to refuse to process, or to cancel or reverse, any purchases or sales, or any applicable transactions or payments, in its sole discretion, even after funds have been credited to or debited from your account(s), under the following circumstances: (a) if the transaction, in our absolute and sole discretion, constitutes an abusive use of the platform; (b) involves an error with respect to price, quantity, or other parameters; (c) is required by law or if ALT PRO suspects the transaction involves or potentially involved (or has a high risk of involvement in) restricted businesses as described in 1.3, money laundering, terrorist financing, fraud, or any other type of financial crime; (d) to restrict trade size or frequency or limit API use which, in our absolute and sole discretion, burdens the platform; or (e) in response to a subpoena, court order, or other government order. In such instances, ALT PRO may reverse, cancel, or refuse to process the payment or transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the reversed or cancelled transaction and you hereby release us from all liability in relation to any action taken by us under this section. Any such reversal, cancellation, or failure to process any transaction as described above will result in an administrative fee of $150 which will be applied and processed as authorized herein. You acknowledge that the authorization you provide herein will remain in full force and effect until you notify ALT PRO in writing that you wish to revoke this authorization, and acknowledge that ALT PRO requires at least two weeks prior written notice in order to cancel this authorization.

3.5. Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. ALT PRO does not deduct any amount for taxes when you enter into a transaction, and you are solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to any such transaction. All amounts set out, or expressed to be payable hereunder by you to ALT PRO shall be deemed to be exclusive of any value added tax (“VAT”). If VAT is chargeable, you shall pay to ALT PRO an amount equal to such VAT

3.6. Modification or Discontinuance of Services

ALT PRO may, in our absolute and sole discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.

3.7. Suspension, Restriction, and Cancellation of Services

ALT PRO may restrict, suspend or terminate your access to the Services in our absolute and sole discretion, immediately and without prior notice, and delete or deactivate related information and files, including, for example, in the event that you breach any terms of this Agreement or you take any action that ALT PRO deems abusive or as circumventing ALT PRO controls. Suspension, restriction or termination of your ALT PRO Account shall not affect the payment of fees or other amounts you owe to ALT PRO. In the event that your ALT PRO Account is suspended or terminated, we will immediately cancel all open orders associated with your ALT PRO Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation.

3.8. Fees

An applicable trading fee, as indicated on the ALT PRO Site, applies to all transactions and will vary depending on the pricing methodology or algorithm you choose to execute the transaction. You further understand that we may also receive remuneration from any counterparty on a portion of such charges, commissions or fees and that we will retain such rebates as part of our overall compensation. In addition to trading fees, ALT PRO may also charge fees as further described in sections 3.4.

4. COMMUNITY

4.1. Disclaimer regarding content

ALT PRO cannot and does not represent or guarantee that any of the information available through our services or on ALT PRO is accurate, reliable, current, complete or appropriate for your needs. Various information available through our services or on ALT PRO may be specially obtained by ALT PRO from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers, who are believed to be sources of reliable information (collectively, the "Data Providers"). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our services and website are not and cannot be guaranteed by ALT PRO. We make no warranty and assume no obligation or liability for scripts, indicators, ideas and other content of third parties. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.

4.2. Disclaimer regarding investment decisions and trading

Decisions to buy, sell, hold or trade in cryptocurrencies and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in cryptocurrencies or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through ALT PRO or our services.

4.3. Disclaimer regarding hypothetical performance results

Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program.

One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

5. ASSUMPTION OF RISK, LIMITS OF LIABILITY, AND INDEMNITY

5.1. Assumption of Risk

You acknowledge that there are risks associated with using the Services and the ALT PRO Site, including risk that the underlying protocols of supported networks undergo material changes to their operating rules, risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to information stored within your ALT PRO Account. As such, ALT PRO will not be responsible or liable to you for any such related losses and takes no responsibility for use of the Services that involves user error such as forgotten passwords, incorrectly construed transactions, or mistyped wallet addresses; server failure or data loss; corrupt files; unauthorized access, or; any unauthorized third-party activities, including without limitation the use or introduction of computer viruses, or other malware, phishing, spoofing or other means of attack against you or the ALT PRO Site or Services. You further accept and acknowledge that ALT PRO will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the ALT PRO Site or the Services, regardless of the cause. Cryptocurrency is not covered by any insurance, including insurance offered by the Federal Deposit Insurance Corporation.

5.2. Forks

You agree and understand that the underlying protocols of supported cryptocurrency networks are subject to changes in operating rules or other valid operational protocol (a so-called “Fork”) that may result in more than one version (each, a “Forked Network”) and ALT PRO holding an identical amount of cryptocurrency associated with each Forked Network. You further agree and understand that Forks may materially affect the value, function, and/or name of the cryptocurrency you may have with ALT PRO. In the event of a Fork, you agree and understand that ALT PRO may temporarily suspend our operations (with or without advance notice to you) while we choose, in our sole and absolute discretion, which Forked Networks to support. You agree and understand that in our best estimation we are unlikely to support most Forked Networks and that the cryptocurrency of most Forked Networks will likely not be made available to you.

5.3. Suitability

ALT PRO makes no guarantees or recommendations of any kind, nor does it purport to offer any investment advice of any kind. The risk of complete loss in trading or holding any type of cryptocurrency can be substantial and is likely. You are solely responsible for evaluating the merits and risks associated with the use of the ALT PRO Site and the Services and should take into consideration your particular financial situation in determining whether using the Services or trading cryptocurrencies is suitable for you. You hereby represent that your ALT PRO Account is completely discretionary in nature, and is not being used primarily for personal, family, or household purposes.

5.4. ALT PRO Site Accuracy and Availability

We make no representation or warranty that the ALT PRO Site, or the server that makes it available, is free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on content, material, or information contained on the ALT PRO Site. Links to third-party materials may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the ALT PRO Site. You acknowledge that the prices displayed on the ALT PRO Site are proprietary and not taken directly from any one source, and therefore may not match the prices that you see elsewhere (including prices quoted on certain exchanges or marketplaces). You further acknowledge that the triggering of your transaction is linked to the prices we quote on the ALT PRO Site. We attempt to display prices on an ongoing basis and to have the currently applicable prices displayed on the ALT PRO Site as quickly as possible, however, the market for cryptocurrency is extremely volatile and prices often change faster than communication speed, which could result in “stale” prices being displayed on the ALT PRO Site. In addition, there will be times when circumstances beyond ALT PRO's control may prevent the ALT PRO Site from displaying prices or otherwise impact the prices being displayed.

5.5. Limitation of Liability; No Warranty

IN NO EVENT SHALL ALT PRO, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE ALT PRO SITE OR THE SERVICES, OR THIS AGREEMENT. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. ALT PRO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ALT PRO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE ALT PRO SITE, ANY PART OF THE ALT PRO SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. ALT PRO makes no representations about the accuracy or completeness of any data, including historical price data, available on the ALT PRO Site. ALT PRO will make commercially reasonable efforts to ensure that requests for electronic debits and credits are processed in a timely manner but ALT PRO makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

5.6. Indemnification and Hold Harmless

You agree to indemnify and hold harmless ALT PRO, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, from any loss, damage, cost, action, claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement; your use of, or conduct in connection with, the Services; or your violation of any law, rule or regulation, or the rights of any third-party.

5.7. Arbitration and Waiver of Class Action

If you have a dispute with ALT PRO, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and ALT PRO agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, and you and ALT PRO hereby expressly waive trial by jury and right to participate in any action involving collective, consolidated, or representative proceedings, including a class action lawsuit or class-wide arbitration.

If you are a customer of Changer LLC, the arbitration shall be referred to and finally resolved by arbitration administered by the International Centre for Settlement of Investment Disputes (“ICSID”) in accordance with the ICSID Arbitration Rules (“ICSID Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitration will be conducted by a single, neutral arbitrator and shall take place in Saint Vincent and the Grenadines, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Notwithstanding the above, you and ALT PRO each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any claim arising out of or related to this Agreement or the Services must be filed within one year after such claim arose.

5.8. Release

To the fullest extent permitted by applicable law, you release ALT PRO and the other ALT PRO parties from responsibility, liability, claims, demands, or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third-parties. If you are a California entity, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

6. GENERAL PROVISIONS

6.1. Contact Us

Please contact us at [e-mail] with any feedback, questions, or complaints.

6.2. Amendments

We may amend or modify this Agreement, in our absolute and sole discretion, by posting on the ALT PRO Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third-party for any modification or termination of the Services, or suspension or termination of your access to the Services.

6.3. Entire Agreement

This Agreement and the Privacy Policy incorporated by reference herein comprise the entire understanding and agreement between you and ALT PRO as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and ALT PRO. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

6.4. Assignment

You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any ALT PRO affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

6.5. Severability

If any provision of this Agreement is determined to be invalid or unenforceable under or by any regulation, law, court of competent jurisdiction, or any government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

6.6. Change of Control

Should ALT PRO be acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

6.7. Survival

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, those sections pertaining to suspension or termination, ALT PRO Account cancellation, general use of the ALT PRO Site, disputes with ALT PRO, and general provisions, shall survive the termination or expiration of this Agreement.

6.8. Governing Law

If you are a customer of Changer LLC., you agree that the laws of the Saint Vincent and the Grenadines, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Changer LLC. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 4.7 or to any disputes which may be subject to arbitration as defined therein.

6.9. Force Majeure

We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

6.10. No Waiver

This Agreement shall not be construed to waive rights that cannot be waived under applicable governing laws where you are located.