These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services" and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "User Data". Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any information you provide, any Service selections you make, and for any consequences thereof. Atlas Works, LLC is not responsible for the availability, efficacy, integration or security of any third-party services configured as part of Services, including but not limited to hosting providers, CMS providers, other software providers or services.
You may use the Services only if you can form a binding contract with Atlas Works, LLC and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Atlas Works, LLC provides are always evolving and the form and nature of the Services that Atlas Works, LLC provides may change from time to time without prior notice to you. In addition, Atlas Works, LLC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Personal Data or information on the Services, queries made through the Services, selection of particular Services, or other information. The types and extent of advertising by Atlas Works, LLC on the Services are subject to change. In consideration for Atlas Works, LLC granting you access to and use of the Services, you agree that Atlas Works, LLC and its third party providers and partners may place such advertising on the Services.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You are responsible to safeguarding the password you use to access any third party services, including but not limited to any software or servers configured via the Services. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Atlas Works, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
All Personal Data entered via the Services is the sole responsibility of the person who originated such Personal Data. We do not monitor or control the Personal Data entered via the Services and, we cannot take responsibility for such Personal Data. Any use or reliance on any Personal Data or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Personal Data or communications posted via the Services. Under no circumstances will Atlas Works, LLC be liable in any way for any Personal Data, including, but not limited to, any errors or omissions in any Personal Data, or any loss or damage of any kind incurred as a result of the use of any Personal Data posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You are responsible for your use of the Services, for any Personal Data you provide, and for any consequences thereof.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Personal Data that you submit.
Atlas Works, LLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Atlas Works, LLC as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Atlas Works, LLC, in the manner permitted by these Terms. Your access to certain Atlas Works, LLC features may be limited based on the level of Services purchased.
All right, title, and interest in and to the Services (excluding Personal Data provided by users) are and will remain the exclusive property of Atlas Works, LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Atlas Works, LLC name or any of the Atlas Works, LLC trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Atlas Works, LLC, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Atlas Works, LLC, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Atlas Works, LLC’s computer systems, or the technical delivery systems of Atlas Works, LLC’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Atlas Works, LLC (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Atlas Works, LLC (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Atlas Works, LLC is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Personal Data in such a manner as to interfere with or create an undue burden on the Services. (vi) use the Services to attack, spam, wrongfully access, or otherwise interfere with the computer systems of any third party.
The Terms will continue to apply until terminated by either you or Atlas Works, LLC as follows.
You may end your legal agreement with Atlas Works, LLC at any time for any reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to specifically inform Atlas Works, LLC when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 10, and 11.
Nothing in this section shall affect Atlas Works, LLC’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
Please read this section carefully since it limits the liability of Atlas Works, LLC and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, licensees and licensors (collectively, the “Atlas Works, LLC Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
Your access to and use of the Services or any Personal Data are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE ATLAS WORKS, LLC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Atlas Works, LLC Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Personal Data; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Personal Data; (iii) the deletion of, or the failure to store or to transmit, any Personal Data and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. (v) the completeness, accuracy, availability, timeliness, security or reliability of any third-party services used or referenced as part of services. No advice or information, whether oral or written, obtained from the Atlas Works, LLC Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Atlas Works, LLC Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Atlas Works, LLC Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ATLAS WORKS, LLC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ATLAS WORKS, LLC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ATLAS WORKS, LLC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ATLAS WORKS, LLC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
A. Waiver and Severability
The failure of Atlas Works, LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of North Carolina without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Orange County, North Carolina, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of North Carolina (excluding choice of law).
You agree to indemnify, defend and hold the Atlas Works, LLC Entities harmless from and against any and all liability and costs (including, without limitation attorneys' fees and costs), incurred by the Atlas Works, LLC Entities in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You will cooperate as fully as required by Atlas Works, LLC in defense of any such claim. Atlas Works, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Atlas Works, LLC
D. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at atlasworks.com/terms.html. If the revision, in our sole discretion, is material we will notify you via the website or via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Atlas Works, LLC, Chapel Hill, NC. If you have any questions about these Terms, please contact us.
Effective: January 1, 2015