Terms of Service
Terms of Service
Effective date:
April 6, 2026
Acceptance of the Terms and Conditions.
1.1 Alder Collaborative, Inc. (herein referred to as “Alder,” “we,” “us” or “our”) provides and makes available this web site (the “Web Site”). All use of the Web Site is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Web Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Web Site.
1.2 You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Web Site. The revised terms and conditions will become effective at the time of posting. Any use of the Web Site after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Web Site.
1.3 Your access to and use of the Web Site is also subject to Alder’s Privacy Policy located at www.askalder.com/privacy-policy.
1.4 By accessing, browsing, or otherwise using the Web Site, you further acknowledge and agree that: (a) the Web Site may employ tracking technologies, including without limitation cookies, pixels, web beacons, JavaScript-based tracking code, and other similar technologies (collectively, “Tracking Technologies”), to collect information about your visit to, and interactions with, the Web Site; (b) such Tracking Technologies may be deployed by Alder directly and by third-party service providers, data intermediaries, identity resolution vendors, and direct mail platform partners (including, without limitation, Share Local Media, Inc. d/b/a Poplar (“Poplar”)) operating on our behalf or as independent data controllers; (c) information collected through Tracking Technologies, including without limitation your Internet Protocol address, device identifiers, and behavioral data generated during your visit, may be transmitted to, and independently processed by, such third parties for the purpose of facilitating interest-based advertising, identity matching, audience enrichment, and cross-channel marketing communications, which may include offline direct mail; and (d) by continuing to use the Web Site, you expressly consent to the foregoing data collection, transmission, and processing activities as more fully described in Alder’s Privacy Policy.
Use of the Web Site.
2.1 This Web Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Web Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2 The trademarks, service marks, and logos of Alder (the “Alder Trademarks”) used and displayed on this Web Site are registered and unregistered trademarks or service marks of Alder. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Alder Trademarks, the “Trademarks”). Nothing on this Web Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the prior written consent of Alder specific for each such use. The Trademarks may not be used to disparage Alder or the applicable third-party, Alder’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without Alder’s prior written consent. All goodwill generated from the use of any Alder Trademark shall inure to Alder’s benefit.
2.3 You agree not to: (a) take any action that imposes an unreasonable load on the Web Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on the Web Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Site, (d) delete or alter any material posted on the Web Site by Alder or any other person or entity, or (e) frame or link to any of the materials or information available on the Web Site.
2.4 The Web Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
2.5 Certain elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of this Agreement. None of the Content for this Web Site may be retransmitted without the express written consent from Alder for each and every instance.
2.6 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Web Site hosted by Alder infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Web Site should be sent to Alder at:
By Mail:
Alder
180 Wells Avenue, Suite 101
Newton, MA 02459
By Email: [email protected]
2.7 Third-Party Tracking Technologies and Data Processing Services. The Web Site integrates third-party tracking, identity resolution, and direct mail retargeting technologies, including, without limitation, the Poplar platform operated by Share Local Media, Inc. (“Poplar”), which may place or read Tracking Technologies—including but not limited to JavaScript pixels, cookies, and web beacons—on or from your browser or device. These technologies may: (a) collect Event Data, including without limitation your IP address, referrer URL, destination URL, and behavioral signals associated with your visit to the Web Site; (b) transmit such Event Data to Share Local Media, its Third-Party Partners (as defined in the Share Local Media supplemental terms), and other data intermediaries; and (c) enable the matching of your IP address or other device-level identifiers to offline mailing addresses through identity graph technologies for the purpose of delivering direct mail marketing communications. You acknowledge and agree that Share Local Media and its Third-Party Partners may operate as independent data controllers with respect to any Event Data that they collect, receive, or independently process, and that their collection and use of such data is governed by their respective privacy policies and not solely by this Agreement or Alder’s Privacy Policy. Alder makes no representations, warranties, or undertakings with respect to the data practices of Share Local Media or any other third-party data processor or controller, and Alder expressly disclaims any and all liability arising out of or in connection with the independent data collection, processing, use, or disclosure activities of any such third party.
2.8 Cross-Device and Cross-Channel Tracking. You acknowledge that the Web Site’s integrated partners, including Poplar, may employ cross-device tracking and cross-channel attribution methodologies that associate your Web Site visit activity with other datasets derived from your interactions across multiple devices, platforms, or offline environments. Such methodologies may include, without limitation, deterministic and probabilistic identity matching, identity graph linkage, and data enrichment techniques that supplement or correlate online behavioral signals with offline demographic, transactional, or geographic data held by third-party data providers. The resulting enriched audience profiles may be used to facilitate the delivery of personalized direct mail and other cross-channel marketing communications. Notwithstanding the foregoing, Alder represents that, to the best of its knowledge and based on its agreement with Poplar, the Website Visitor Matching Services shall not be used: (i) to make decisions with respect to any individual’s eligibility for credit, insurance, employment, or any other purpose governed by the Fair Credit Reporting Act; (ii) to facilitate marketing communications directed to individuals under eighteen (18) years of age; or (iii) to facilitate marketing communications based on known or inferred information regarding prescription medications, past, present, or potential future health or medical conditions, or medical treatments.
Limitation of Liability and Disclaimer of Warranties.
3.1 Alder, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ALDER PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE ALDER PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
3.2 THE ALDER PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR‑FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ALDER PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
3.3 THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ALDER PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
3.4 IN NO EVENT SHALL ANY ALDER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ALDER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.5 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ALDER PARTIES EXPRESSLY DISCLAIM ALL LIABILITY OF ANY NATURE ARISING OUT OF OR RELATED TO: (A) THE COLLECTION, TRANSMISSION, STORAGE, PROCESSING, OR USE OF ANY DATA—INCLUDING, WITHOUT LIMITATION, EVENT DATA, PERSONAL INFORMATION, OR DEVICE IDENTIFIERS—BY ANY THIRD-PARTY TRACKING TECHNOLOGY PROVIDER, DATA INTERMEDIARY, IDENTITY RESOLUTION VENDOR, OR DIRECT MAIL PLATFORM PARTNER, INCLUDING SHARE LOCAL MEDIA, INC. D/B/A POPLAR, OPERATING IN CONNECTION WITH THE WEB SITE; (B) ANY UNAUTHORIZED INTERCEPTION, BREACH, OR MISUSE OF SUCH DATA BY ANY THIRD PARTY; (C) ANY FAILURE BY A THIRD-PARTY DATA CONTROLLER OR PROCESSOR TO COMPLY WITH APPLICABLE DATA PROTECTION LAWS OR REGULATORY REQUIREMENTS; (D) THE MATCHING, ENRICHMENT, APPENDING, OR OTHER PROCESSING OF YOUR DATA BY ANY THIRD-PARTY IDENTITY GRAPH OR DATA PROVIDER; (E) THE DELIVERY TO YOU OF ANY DIRECT MAIL, EMAIL, OR OTHER MARKETING COMMUNICATIONS FACILITATED BY THIRD-PARTY DATA SERVICES INTEGRATED WITH THE WEB SITE; OR (F) ANY THIRD-PARTY DATA PRACTICES, POLICIES, OR PROCEDURES, INCLUDING BUT NOT LIMITED TO THOSE OF SHARE LOCAL MEDIA AND ITS THIRD-PARTY PARTNERS, REGARDLESS OF WHETHER THE ALDER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
3.6 SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE ALDER PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3.7 IF YOU ARE FROM NEW JERSEY, THE FOREGOING SECTIONS 3.1 THROUGH 3.5 AND SECTION 4 BELOW ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Indemnification.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Alder Parties from and against any claims, actions, demands, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site. Without limiting the foregoing, and to the extent that you are an advertiser, operator, or other party that employs or directs the use of the Web Site’s integrated Tracking Technologies or third-party data services (including, without limitation, the Poplar platform), you separately agree to defend, indemnify, and hold harmless the Alder Parties from and against any claims, regulatory actions, investigations, fines, penalties, and expenses—including, without limitation, reasonable legal and accounting fees—arising out of or related to: (a) any failure to maintain and publish a privacy policy that accurately discloses the collection, use, transmission, and sharing of data in connection with such Tracking Technologies and data services; (b) any failure to obtain legally required consents from End Users with respect to the collection or processing of their data, including any required opt-out mechanisms; (c) any violation of applicable Data Protection Laws, the California Consumer Privacy Act, the California Privacy Rights Act, the Fair Credit Reporting Act, CAN-SPAM, or any other applicable federal or state law or regulation arising out of or related to your use of third-party data matching, identity resolution, or direct mail services in connection with the Web Site; or (d) any claim by any End User or regulatory authority arising from the delivery of marketing communications, including direct mail, that was facilitated by data collected through the Web Site’s Tracking Technologies. Alder shall provide notice to you of any such claim, suit, or proceeding. Alder reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Alder’s defense of such matter. You may not settle or compromise any claim against the Alder Parties without Alder’s written consent.
Termination of this Agreement.
5.1 Alder reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. Alder reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.
5.2 Sections 2 (Use of the Web Site), 3 (Limitation of Liability and Disclaimer of Warranties), 4 (Indemnification), 5 (Termination of Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.
6. User Must Comply with Applicable Laws.
6.1 This Web Site is directed to users in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Web Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
6.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
6.3 Compliance with Data and Privacy Laws. To the extent that your use of the Web Site involves the collection, transmission, or processing of personal information through Tracking Technologies or third-party data services integrated herein, you acknowledge and agree that you are solely responsible for ensuring that such activities comply with all applicable federal and state laws and regulations, including, without limitation, the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”), the CAN-SPAM Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and all other applicable data protection laws. Without limiting the foregoing, if you are an operator that deploys the Poplar pixel or any other third-party Tracking Technology on the Web Site, you represent and warrant that: (a) your privacy policy accurately describes the types of data collected, the identities and roles of relevant third-party data processors and independent controllers, and the purposes for which collected data may be used, including direct mail; (b) you have provided End Users with all legally required notices and disclosures, including a conspicuous disclosure of any “sale” or “sharing” of personal information as those terms are defined under the CCPA/CPRA; (c) you have implemented and honor all required opt-out mechanisms, including any “Do Not Sell or Share My Personal Information” rights afforded to End Users under applicable law; and (d) you have obtained or will obtain all consents required by applicable law prior to deploying any such Tracking Technologies on the Web Site.
7. U.S. Government Restricted Rights. The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Web Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Web Site and Content.
8. Miscellaneous.
This Agreement is governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Delaware. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Alder to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Alder unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Alder and you, this Agreement constitutes the entire Agreement between you and Alder with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Web Site might be publicly accessible. Important and private information should be protected by you. Alder is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. For the avoidance of doubt, and notwithstanding any other provision of this Agreement, Alder’s obligations and any limitations on liability set forth herein extend to and encompass all activities undertaken in connection with the integration and operation of third-party tracking, identity resolution, data enrichment, and direct mail retargeting services on or in connection with the Web Site, including, without limitation, services provided by Share Local Media, Inc. d/b/a Poplar and its Third-Party Partners. Nothing in this Agreement shall be construed to create any partnership, joint venture, agency, franchise, or employment relationship between Alder and any third-party data service provider, and no such third party shall be deemed an agent of Alder for any purpose.