Atlas Software Group Terms of Service
The Terms of Service (“TOS”) are entered into by and between you and Atlas IT Consulting LLC (“ATLAS”). Your use of the ATLAS websites constitutes your agree with the TOS and you will be bound by the TOS Agreement. It is important that you take the time to read the TOS carefully. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.
SITE MODIFICATION OR CHANGES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service,content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.
All design and content featured on the our website, including the text, images, photographs, graphics, logos,illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content”, and are copyrights, trademarks, and/or intellectual property that are owned, controlled, or licensed by ATLAS. This website in its entirety is protected by copyright. The Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding to us in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, ATLAS does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display,publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through our website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by ATLAS, is strictly prohibited.
ERRORS, INACCURACIES, OR OMISSIONS
ATLAS uses reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability and other matters. We make no warranties or representations regarding the accuracy of such information and will not be bound thereby. We reserve the right to correct any errors and to update Site information at any time. We apologize for any inconvenience this may cause you.
LINKED THIRD PARTY SITES
Links to other Internet websites operated by third parties, including ATLAS vendors, do not constitute sponsorship,endorsement, or approval by ATLAS of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by ATLAS, and ATLAS is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
ATLAS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE ATLAS WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT,INFORMATION AND MATERIALS. ATLAS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCES STO OR USE OF THE ATLAS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT ATLAS OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING,COURSE OF PERFORMANCE OR USAGE OF TRADE. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE ATLAS WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You agree to defend, indemnify, and hold harmless ATLAS, its subsidiaries and affiliates, ATLAS’s vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs),arising out of or relating to (i) your violation of these Terms, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party.
All disputes in any manner relating to or arising out of this Agreement shall be resolved through binding arbitration under the auspices of the American Arbitration Association, or such other arbitration association as the parties may agree. The decision or award of the arbitrator shall be binding upon the parties and shall be enforceable by a judgment entered in a court having jurisdiction. In the event that the arbitrator determines there is a prevailing party in the arbitration, the prevailing party shall recover from the other party all costs of arbitration, including all reasonable attorneys’ fees incurred by the prevailing party. Notwithstanding the foregoing, this provision shall not be construed to limit a party’s right to seek preliminary or permanent injunctive relief in any court of competent jurisdiction. ANY AND ALL PROCEEDINGS WILL BE GOVERNED IN THE STATE OF CALIFORNIA UNLESS PARTIES AT THE TIME OF CONTRACT AGREE OTHERWISE.
CHOICE OF LAW
This agreement is governed by and construed in accordance with the laws of the State of California, U.S.A., without regards to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal court located in the county of Los Angeles, state of California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
ATLAS reserves the right to immediately terminate this agreement and/or your access to and use of the ATLAS website or any portion thereof, at any time and for any reason, with or without cause. ATLAS shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the ATLAS website shall immediately cease.