Atlas Industries, Inc.
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.
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.
To access specific features of the Services, you may be required to register for an account.
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.
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.
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.
You agree to use the Services only for lawful purposes. You expressly agree that you will not:
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.
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.
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.
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.
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.
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.
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.
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
support@atlxs.net