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Terms of Use

UPDATED: SEPTEMBER 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. BY CONTINUING YOUR USE OF THE WEBSITE, YOU CONSENT TO THESE TERMS OF USE.
 

Introduction  

The ATOM website (including any content, functionality, and services offered on it) (“Website”) was developed and is owned by ATOM Advantage Inc., a Delaware incorporated company, with its principal offices in Orlando, FL, (“we” or “us”).  “You” or “user” refers to the individuals using or supervising others’ use of our Website. By using or downloading the Website, you accept and agree to be bound and abide by the following terms (“Terms of Use”). If you do not agree to be bound by and comply with the Terms of User, you must not access or use the Website. 

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The Website is offered and available only to users who are over 18 years of age and reside in the United States. By using the Website, you represent that you meet these eligibility requirements. If you do not meet the eligibility requirements, you must not use or access the Website. 

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Change to the Terms of Use  

We may update or modify these Terms of Use at any time and for any reason, without penalty and without liability to you or any third party. Such changes will be effective upon posting of the modified Terms of Use. By continuing to use and access the Website, you agree to be bound by the Terms of Use as amended.  

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Disclaimers 

We may change the right or remove the Website at any time without notice to you, including occasionally restricting user access. We will not be liable for any reason if all or any part of the Website is unavailable for any period of time.

 

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  

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We cannot guarantee or warrant that files that are available for downloading or the website will be free of viruses or other harmful code. You are responsible for, and we recommend that you take appropriate security measures to protect yourself from harmful code. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY CYBERSECURITY RISK, INCLUDING CYBER-ATTACKS AND HARMFUL CODE. 

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IF ANY OF THIS SECTION IS EXCLUDED OR LIMITED BY APPLICABLE LAW, IT WILL BE READ TO ACCOMMODATE SUCH EXCLUSIONS AND LIMITATIONS. 

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Requirements for Use 

To use the Website, you must have and are solely responsible for having a compatible computing or mobile device, access to the internet or data services, and certain necessary software.  

To access the Website, you may be prompted to provide certain personal information. You agree that any information you willingly provide to us via the Website will be subject to our privacy policy which is available here.  

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Third-Party Websites and Materials 

References or links to any third parties or their websites or information are provided only for your convenience and do not in any way mean that we endorse, sponsor, or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites or with respect to any content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.  

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Prohibited Uses 

You may use the Website for lawful purposes and in compliance with these Terms of Use. Specifically, but without limitation, you will not: 

  • reproduce, duplicate, copy, sell, resell, or exploit the Website.  

  • use the Website for any purpose in violation of local, state, national or international laws. 

  • interfere or attempt to interfere with the proper working of the Website or to disrupt the operations or violate the security of the Website.  

  • Impersonate ATOM, an ATOM employee, another user of the Website, or any other person or entity.  

  • Use manual or automated means to monitor or copy any part of the Website.  

 

Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. 

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Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such terms at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. 

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Ownership 

ATOM owns the Website and all worldwide intellectual property rights to it and its content. Except as expressly permitted in these Terms of Use, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Website. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Website. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. 

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You are permitted to use the Website for your personal, non-commercial purposes only. Further, you are permitted to store or cache the materials on the Website only on your personal computer only insofar as necessary to use and view the Website. You must not modify such storage or cache.  

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Limitations on Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; EXCEPT TO THE FOR DAMAGES INCURRED DUE TO OUR INTENTIONAL MISCONDUCT OR FRAUD. 

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Indemnity 

You agree to defend, indemnify, and hold us harmless, including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns, or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to a) your breach of these Terms of Use; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Website; or (c) your violation of any law or regulation in using the Website.

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Choice of Law and Forum 

These Terms of Use shall be governed by the laws of the State of Delaware, exclusive of its choice of law or conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Delaware for any dispute arising under these Terms of Use. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction. 

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Entire Agreement  

This Agreement constitutes the entire agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Website that is inconsistent with or conflicts with the terms of these Terms of Use is superseded by the Terms of Use.  

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Severability 

If any of the provisions of these Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited, or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in effect.  

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Assignability  

You agree that these Terms of Use and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party.  

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Contact Information 

All notices to you relating to these Terms of Use shall be posted on the Website. All notices to us relating to these Terms of Use shall be in writing and sent to the following: privacy@atomadvantage.ai.  

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