Terms of Service
Atlas Industries, Inc.
ACCEPTANCE OF TERMS
This Terms of Service Agreement ("Terms") constitutes a legally binding contract between you ("User," "you," or "your") and Atlas Industries, Inc. ("Company," "we," "us," or "our"). These Terms govern your access to and use of our websites, software applications, and technology solutions (collectively, the "Services").
By registering for an account, accessing, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST STRICTLY REFRAIN FROM ACCESSING OR USING THE SERVICES.
Privacy Policy: Your access to and use of the Services is also subject to our Privacy Policy, the terms of which are incorporated herein by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
MODIFICATION OF TERMS
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this document or by providing direct notice through the Services. Your continued use of the Services following the posting of any changes constitutes your binding acceptance of the revised Terms.
ACCOUNT CREATION AND SECURITY
To access specific features of the Services, you may be required to register for an account.
- Accuracy of Information: You agree to provide current, complete, and accurate information during registration and to promptly update such information as necessary.
- Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.
- Termination of Access: We reserve the right to suspend, terminate, restrict, or disable your access to the Services, or any portion thereof, at our sole discretion, at any time, and without prior notice or liability, for any reason—including, but not limited to, a breach of these Terms.
- Eligibility: By accessing, registering for, or using the Services, you represent and warrant that you are at least eighteen (18) years of age, or the applicable age of majority in your jurisdiction, and that you possess the legal authority, right, and capacity to enter into this Agreement and abide by all of its terms and conditions. If you do not meet these requirements, you must not access or use the Services.
FINANCIAL TERMS AND BILLING
§4.1Payment Obligations
By selecting a paid Service, you agree to pay Atlas Industries, Inc. the fees indicated for that Service. Fees will be billed in accordance with the billing terms in effect at the time a fee or charge is due and payable. You are responsible for any applicable taxes associated with your purchase.
§4.2No Refund Policy
All transactions are final. Except as expressly mandated by applicable statutory law, all fees paid are non-refundable. We do not provide prorated refunds or credits for partially used subscription periods, nor do we issue refunds for account terminations.
§4.3Payment Processing
We utilize third-party payment processors to facilitate secure financial transactions. By submitting your payment information, you authorize us and our designated third-party processors to charge your selected payment method for all applicable fees.
§4.4Chargebacks and Reversals
In the event you initiate a chargeback, dispute, or otherwise reverse a valid payment made to us, Atlas Industries, Inc. reserves the right to immediately suspend or terminate your account and access to the Services without prior notice. A chargeback or payment reversal does not cancel your financial obligation to us. If a chargeback is initiated for services already rendered or products delivered, your account will fall into a negative balance. Atlas Industries, Inc. reserves the right to employ third-party collection agencies or pursue legal action to recover the original, undisputed outstanding balance owed for the Services. You acknowledge that fraudulent chargebacks may result in permanent bans from all Atlas services.
PROHIBITED CONDUCT
You agree to use the Services only for lawful purposes. You expressly agree that you will not:
- Violate any applicable local, state, national, or international law, regulation, or ordinance.
- Infringe upon, misappropriate, or violate the intellectual property rights, privacy rights, or other legal rights of Atlas Industries, Inc. or any third party.
- Transmit, upload, or distribute any viruses, malware, trojan horses, or other harmful, disruptive, or destructive code.
- Attempt to reverse-engineer, decompile, disassemble, or derive the source code of any portion of the Services.
- Engage in any automated data extraction, including scraping, data mining, or using automated bots, without our express prior written consent.
- Interfere with, disrupt, or place an unreasonable burden on the servers, networks, or underlying infrastructure of the Services.
PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
§6.1Company Ownership and Limited License
All content, software, algorithms, designs, text, graphics, and underlying technology included in or made available through the Services are the exclusive property of Atlas Industries, Inc. or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for their intended, permitted purposes. No other rights or licenses are granted by implication or otherwise.
§6.2User Content License
To the extent that the Services allow you to upload, post, or generate content ("User Content"), you retain all ownership rights to your User Content. However, by providing User Content to the Services, you hereby grant Atlas Industries, Inc. a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such User Content for the purpose of operating, improving, and providing the Services.
§6.3Feedback Assignment
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Feedback") provided by you to Atlas Industries, Inc. regarding the Services shall remain the sole and exclusive property of the Company. You hereby permanently assign to us all right, title, and interest in and to the Feedback, and we shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or compensation to you.
§6.4Copyright Infringement and DMCA Policy
Atlas Industries, Inc. respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Services that are reported to our Designated Copyright Agent.
If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any content on the Services infringes your copyrights, please submit a DMCA notice to our Designated Agent at [email protected] with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Services;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Repeat Infringer Policy: Atlas Industries, Inc. maintains a strict policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ENTIRELY ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATLAS INDUSTRIES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATLAS INDUSTRIES, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO ATLAS INDUSTRIES, INC. IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF NO AMOUNTS HAVE BEEN PAID BY YOU TO THE COMPANY DURING SUCH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE SERVICES.
FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL ATLAS INDUSTRIES, INC. BE HELD LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING OUT OF OR IN CONNECTION WITH ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, DELETION, DESTRUCTION, OR LOSS OF ANY ACCOUNT DATA, USER CONTENT, OR PERSONAL INFORMATION, WHETHER RESULTING FROM A CYBERATTACK, HACKING EVENT, SERVER MALFUNCTION, OR ANY OTHER CAUSE, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Atlas Industries, Inc., its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation or breach of any provision of these Terms; or (c) your violation of any rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, and any dispute or claim arising out of or related to them, shall be governed by and construed in accordance with the internal laws of Texas, without giving effect to any choice or conflict of law provision. Any legal suit, action, or proceeding shall be instituted exclusively in the federal or state courts located in Texas.
Mandatory Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration in Austin, Texas, rather than in court. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction.
Exceptions to Arbitration: Notwithstanding the foregoing, either you or Atlas Industries, Inc. may assert claims, if they qualify, in a small claims court in Austin, Texas. Furthermore, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement without first engaging in arbitration.
Waiver of Jury Trial: YOU AND THE COMPANY ACKNOWLEDGE AND AGREE THAT YOU ARE EACH EXPRESSLY WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE RELATED TO THESE TERMS.
Class Action Waiver: YOU AND ATLAS INDUSTRIES, INC. AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, OR COLLECTIVE ACTION.
Contractual Statute of Limitations: YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
GENERAL PROVISIONS
Force Majeure: Atlas Industries, Inc. shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term herein when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or telecommunication or internet service providers.
Entire Agreement: These Terms, along with any other policies or guidelines referenced herein, constitute the sole and entire agreement between you and Atlas Industries, Inc. regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.
Survival: All provisions of these Terms which by their nature should survive termination shall survive the termination of your account or this Agreement, including, without limitation, Section 4 (Financial Terms and Billing - regarding outstanding obligations), Section 6 (Proprietary Rights and Intellectual Property), Section 7 (Disclaimer of Warranties), Section 8 (Limitation of Liability), Section 9 (Indemnification), and Section 10 (Governing Law and Dispute Resolution). The termination of your account does not relieve you of any obligations to pay any fees or charges accrued prior to such termination.
CONTACT INFORMATION
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:
Atlas Industries, Inc.
5900 Balcones Dr. STE 100
Austin, Texas, 78731