Terms of Use

ATLAS CORE LLC Website Terms of Use
Legal Information & Notices

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (Terms of Use) apply to the Atlas Core LLC (Atlas) web site located www.atlas.co, and all associated sites linked to www.atlas.co by Atlas, its subsidiaries and affiliates, including any and all Atlas sites located anywhere  (Site). The Site is the property of Atlas and its licensors.

BY USING THE SITE, YOU AGREE TO THE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
Atlas reserves the right, at its sole discretion, to change, modify, amend, add or delete portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use before use for changes. Your use of the Site following the posting of changes will indicate that you accept and agree to the changes. As long as you comply with these Terms of Use, Atlas grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site within the Terms of Use.



Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and any and all other content within the Site (Content), including, but not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Atlas, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, or used in any way whatsoever without Atlas’s express prior written consent.

You may use information on Atlas products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Atlas for downloading from the Site for your use, provided that you (1) do not remove any proprietary notice language in all copies of these documents, (2) use this information only for your personal, non-commercial informational purpose and do not copy or post this information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.



Your Use of the Site
You shall not use any "deep-link", "page-scrape", "robot", "spider" or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process or such software, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to gather or try to gather any materials, documents or information through any means not purposely made available through the Site. Atlas reserves the right to prohibit and cease any of this type of activity.

You may not try to gain unauthorized access to any part or feature of the Site, or any other systems or networks connected to the Site or to any Atlas server, or to any of the services offered on or through or by the Site, by hacking, password "mining," software system or any other illegitimate means.

You may not probe, scan, fish or test the vulnerability of the Site or any network connected to the Site, and you are prohibited from breaching the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or try to trace any information on any other user of or visitor to the Site, or any other customer of Atlas, including any Atlas account not owned by you, to its source, or exploit or use the Site or any service or information made available or offered by or through the Site, in any way where the goal is to reveal any information, including, but not limited to, personal identification or information, other than your own information, as provided for by the Site.

You agree that you shall not take any action that imposes an unreasonable or inordinately massive load on the infrastructure of the Site or Atlas’s systems or networks, or any systems or networks connected to the Site or to Atlas.

You agree that you shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You shall not fabricate or duplicate headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Atlas on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You shall not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Atlas or others.



Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific parts or aspects of the Site, including contests, promotions, games, marketing or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to follow and obey other terms and conditions, including, where applicable, representing and agreeing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service presented on or through the Site, the latter terms will control with respect to your use of that portion of the Site or the specific service.

Atlas’s obligations, if any, with regard to its products and services are governed by the agreements pursuant to which they are provided, and nothing on this Site should be read or understood to alter these agreements.

Atlas may make changes to any products or services offered on the Site, or to the applicable prices for any products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Atlas makes no promise to update the materials on the Site with respect to such products and services.

The following terms also rule and apply to your use of the Site, and they are incorporated herein by reference: Atlas Legal
Each of these policies may be changed at anytime and are effective immediately upon posting such changes on the Site.



Accounts, Passwords and Security
Certain features or services offered on or through or by the Site may require you to open an account (including setting up an Atlas ID and password). You are entirely responsible for maintaining the confidentiality of the information you input and hold for your account, including your password, and for any and all of your activity that occurs under your account as a result of your neglecting to keep this information secure and confidential. You agree to notify Atlas immediately of any unauthorized use of your account or password, or any other breach of security the moment you learn or should have learned of such breach. You may be held liable for losses incurred by Atlas or any other user of or visitor to the Site due to another using your Atlas ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Atlas ID, password or account at any time without the express permission and consent of the holder of that Atlas ID, password or account. Atlas cannot and will not be liable for any loss or damage resulting from your failure to comply with these obligations.



Privacy
Atlas’s Privacy Policy  [link to Privacy Policy] applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.  By using the Site, you acknowledge and agree that internet transmissions are not completely private or secure. You understand that any message or information or content you send to the Site may be read or taken by others, even if there is a special notice that a particular transmission e.g. credit card information is encrypted.



Links to Other Sites and to the Atlas Site
This Site may contain links to other independent and third-party Web sites (Linked Sites). These Linked Sites are provided as a convenience to Atlas visitors. Linked Sites are not under Atlas’s control, and Atlas is not responsible for and does not validate or verify the content of Linked Sites, including any information or materials contained on Linked Sites. You will have to make your own independent judgment regarding your interaction with Linked Sites.



Disclaimers
ATLAS DOES NOT PROMISE THE SITE OR ANY CONTENT, MATERIAL, SERVICE OR FEATURE OF THE SITE WILL BE FREE OF ERROR OR WITHOUT INTERRUPTION, OR ANY DEFECTS WILL BE CORRECTED, OR YOUR USE OF THE SITE WILL PROVIDE SPECIFIC OUTCOMES. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS ONLY. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ATLAS CANNOT INSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY CAUSE HARM OR OTHERWISE. ATLAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATLAS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY ATLAS SERVICES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR ONLY REMEDY AGAINST ATLAS FOR LACK OF SATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SITE CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE CONTRACTUAL BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries resulting from and caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Atlas reserves the right to do any of the following, at any time, without notice: (1) modify, suspend, terminate or cease operation of or access to the Site, or any part of the Site, for any reason; (2) modify or change the Site, or any part of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any part of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.



Limitation of Liability
Except where prohibited by law, in no event shall Atlas be liable to you for any indirect, direct, consequential, exemplary, incidental, punitive damages, or any harm whatsoever, including lost profits, even if Atlas has been notified of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Atlas is found to be liable to you for any damage or loss arising out of or is in any way connected with your use of the Site or any Content, Atlas’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Atlas, but not including the purchase price for any Atlas hardware or software products or any Atlas subscription or service or similar support program,, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.



Indemnity
You agree to indemnify and hold Atlas, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses - including attorneys’ fees -, made against Atlas by any third party due to or arising out of or in connection with or resulting from your use of the Site.



Violation of These Terms of Use
Atlas may disclose any information we have about you -including your identity- if we determine that disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with -either intentionally or unintentionally- Atlas’s rights or property, or the rights or property of visitors to or users of the Site, including Atlas’s customers. Atlas reserves the right at all times to disclose any information that Atlas deems necessary to comply with any applicable law, regulation, legal process or governmental request. Atlas may also disclose your information when Atlas determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes or any other lawful purpose.

You acknowledge and agree that Atlas may maintain, keep and hold any transmittal or communication by you with Atlas through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Atlas determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Atlas, its employees, users of or visitors to the Site, and the public.

You agree that Atlas may, in its sole discretion and without prior notice, terminate your access to the Site and block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines, which may be coupled with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Atlas, for which monetary damages would be inadequate, and you consent to Atlas obtaining any injunctive or equitable relief that Atlas deems necessary or appropriate in such circumstances. These legal remedies are in addition to any other remedies Atlas may have at law or in equity.

You agree that Atlas, in its sole discretion and without prior notice, may terminate your access to the Site, for cause, which, includes, but is not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you -self-initiated account deletions-, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems as they arise.

If Atlas takes any legal action against you as a result of your violation of these Terms of Use, Atlas will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and expenses of such action, in addition to any other relief granted to Atlas. You agree that Atlas will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.



Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in City of Seattle, King County, Washington State, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to expenses and attorneys’ fees. In the event of any controversy or dispute between Atlas and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute without resorting to a court of law. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to binding arbitration.  The arbitration will be conducted by the American Arbitration Association (AAA) and governed by AAA rules.  To start the arbitration process, you must send a letter to Atlas C/O General Counsel, ADDRESS.  Payment of all filing, administration and arbitrator fees will be determined by AAA rules.  Atlas will not seek costs and attorneys' fees unless the arbitrator determines the claims are frivolous.  The arbitration can be by telephone, written submissions, or in person.  Atlas and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  If, for any reason, a claim proceeds in a court rather than arbitration, Atlas and you each waive any right to a jury trial.



Void Where Prohibited
Atlas administers and operates the www.atlas.co Site from its location in Washington USA.  Other Atlas sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Atlas reserves the right to limit, as it may choose in any way whatsoever, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.



Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect at all times. These Terms of Use constitute the entire agreement between you and Atlas with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Atlas with respect to such use are hereby superseded and canceled and void. Other than as provided in a purchase agreement you enter into with Atlas, Atlas will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected and not accepted. Atlas’s lack of insistence on or enforcement of strict performance of these Terms of Use shall not be read or understood or interpreted as a waiver by Atlas of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Atlas and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be read or understood or interpreted to confer any rights or remedies on any third parties.

Atlas provides access to Atlas international data and may contain references or cross references to Atlas products, programs and services that are not announced in your country. Such reference does not imply that Atlas in your country intends to announce such products, programs or services.



Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential and not private. Atlas will be free to use such information on an unrestricted basis as it may choose.

The information contained in this web site is subject to change without notice.

Copyright © 2018 Atlas Core LLC. All Rights Reserved
Atlas Core LLC, ADDRESS, USA.

10-23-18