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Atlas OnePoint TERMS AND CONDITIONS OF USE |
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General Conditions
These Terms and Conditions of Use (the "Terms") apply to your access and use of
the Atlas OnePoint world wide web site (www.AtlasOnePoint.com). Atlas OnePoint
is a service of Atlas OnePoint, LLC (hereinafter referred to as "AOP"), and all
information and Content (as defined in these Terms) on the AOP web site
(together with the design, layout and organization and the underlying source
HTML files that implement the hypertext features, is hereinafter referred to as
the "Site") may be used solely under the following Terms. Please read the Terms
carefully and completely before using the Site. By accessing, browsing or using
the information or services on the Site, you (the "User") expressly agree to
and consent to be bound by the Terms in full. If the following Terms are not
acceptable in full, you must immediately terminate your use of the Site. Users
accessing or using the Site do so on their own initiative and are responsible
for compliance with all local laws. The Site and these Terms may be changed by
AOP, in its sole discretion, at any time without notice. Use of the Site
subsequent to any change constitutes User’s acceptance of the change. Users are
advised to read these Terms each time they access the Site for any changes to
these Terms.
Purpose and Use of the Site The general purpose of the Site is to
provide Users with information about AOP's services related to AOP's
proprietary system for managing and monitoring Client's "pay-per-click" search
engine online advertising. The specific services provided by AOP from time to
time are set forth in detail in the Site (collectively referred to hereinafter
as the "Services"). AOP, in its sole discretion, may accept or reject for any
reason a User as a customer of the Services. If User is accepted by AOP as a
customer of the Services, as a condition to accessing and using any of the
Services offered by AOP in the Site, Users must accept and agree to the
separate Terms of Service set forth elsewhere on the Site. User's right to
access the Site and the Services is subject to any limits established by AOP.
User agrees that it will not use any automated means, including, without
limitation, agents, robots, scripts or spiders, to access, monitor or copy the
Site or the Services except those automated means expressly made available by
AOP, if any, or authorized in advance and in writing by AOP. User agrees that
it will not use any device, software or routine to interfere with the proper
working of the Site or the Services. Without limitation to the foregoing, User
further agrees that it will not take any action that imposes an unreasonable or
disproportionately large load on AOP's infrastructure, as determined by AOP.
Proprietary Rights As between AOP and Users, all right, title and
interest in the Site and all information it contains, or may contain in the
future, including, without limitation, all copyrights, trademarks, service
marks and other intellectual property rights (collectively referred to as the
“Content”), is the property of AOP or its licensors and is protected by
intellectual property laws and international intellectual property treaties.
Except as expressly provided below, nothing contained in the Site shall be
construed as conferring any license or right, by implication, estoppel or
otherwise, under copyright or other intellectual property rights, to use the
Site or the Content displayed on the Site, through the use of framing or
otherwise, without the prior written permission of AOP or any third party that
may own the trademark or copyright of material displayed on the Site.
Subject to User's full compliance with these Terms, User is hereby granted a
non-exclusive, nontransferable, revocable, limited license to view, download,
print and use information retrieved from the Site, provided that: (i) it is
solely for User’s own lawful, personal, informational, non-commercial purposes:
(ii) User does not remove or obscure the copyright notice or other notices;
(iii) the Content, or any part thereof, is not modified; and (iv) it is
automatically done through User's browser software incidentally to using the
Site and/or the Services. Except as expressly provided herein, no part of the
Site, including, but not limited to, materials retrieved therefrom and the
underlying HTML code, may be used, reproduced, republished, copied,
reformatted, displayed, reverse engineered, reverse assembles, transmitted,
distributed, licensed, sold, resold or exploited in any form or by any means.
In no event shall materials from the Site be stored in any information storage
and retrieval system without the prior written permission from AOP.
User understands and agrees that AOP may alter, suspend or discontinue the Site
and/or the Services and may change any information, features and functions of
the Site and/or the Services at any time for any reason, without notice, cost
or liability. User further understands and agrees that from time to time the
Site and/or the Services may be inaccessible, unavailable or inoperable for any
reason, including, without limitation: (i) equipment malfunctions; (ii)
periodic maintenance procedures or repairs which AOP may undertake from time to
time; or (iii) causes beyond the control of AOP or which are not reasonably
foreseeable by AOP, including, without limitation, interruption or failure of
telecommunication or digital transmission links, hostile network attacks,
network congestion or other failures. User acknowledges and agrees that AOP has
no control of the availability of the Site or the Services on a continuous or
uninterrupted basis.
User shall be solely responsible for providing, maintaining and ensuring that
all hardware, software, electrical and other physical requirements for User’s
use of the Site and the Services, including, without limitation,
telecommunications and internet access connections and links, web browsers,
bandwidth or other equipment, programs and services required to access and use
the Site and the Services, are compatible with the Site and the Services.
The Site and the Services currently are intended for use by Users located in
the United States ("U.S."). AOP makes no representation or warranty that
information on the Site is currently appropriate for any other jurisdiction.
Those who choose to access the Site from outside the U.S. do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
AOP reserves the right, in its sole discretion and without notice, at any time
and for any reason, to: (i) remove or disable access to all or any portion of
the Site or the Services; and (ii) suspend or terminate User’s access to or use
of all or any portion of the Site or the Services. Links
The Site contains hyperlinks to third party web sites. The linked sites are not
under the control of AOP, and AOP is not responsible for, and makes no
representations or warranties with respect to, the contents or privacy policies
or practices of any linked sites or any link contained in a linked site. The
inclusion of a linked site is for User’s convenience only and is not intended
as and should not be construed as an endorsement or recommendation by AOP of
the linked site or its content.
Privacy
AOP's Privacy Policy may change from time to time and is posted in full on the
Site.
User Account, Terms of Service and Fees
General use of the Site is free. Users must set up an account through the Site
for User to access and use any of the Services. AOP, in its sole discretion,
may accept or reject for any reason a User as a customer of the Services. If
User is accepted by AOP as a customer of the Services, as a condition to
accessing and using any of the Services offered by AOP on the Site, Users must
accept and agree to the separate Terms of Service set forth elsewhere on the
Site. If User establishes an account for access to and use of the Services,
User shall be billed by AOP, and User shall be responsible, for all applicable
charges and fees related to such access and use of the Services pursuant to the
Terms of Service.
Disclaimer of Warranties
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
AND, TO THE FULLEST EXTENT PERMISABLE PURSUANT TO APPLICABLE LAW, AOP EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER’S
SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, AOP DOES NOT REPRESENT OR
WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT
OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND
ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE
OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL
COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD
PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH
HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS THEREFROM; (v) USER’S USE OF THE SITE OR THE SERVICES OR ANY
RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE
PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER’S USE OF ANY
EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, AOP
DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE
OBTAINED BY USE OF THE SITE OR THE SERVICES.
Limitation of Liability UNDER NO CIRCUMSTANCES SHALL A "COVERED PARTY"
(AS DEFINED BELOW) BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF
ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR
ATTORNEYS’ FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING
ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT
LIMITATION: (i) USER’S USE OR INABILITY TO USE THE SITE OR THE SERVICES; (ii)
ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY,
FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv)
ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED;
(v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE;
OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE
SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR
OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES
PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS
DISSATISFIED WITH THE SITE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER
TO DISCONTINUE USE OF THE SITE. A "COVERED PARTY" MEANS AOP, ITS AFFILIATES,
AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, EMPLOYEE, SUBCONTRACTOR,
REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGN OF AOP OR ITS AFFILIATES.
Applicable Law
These Terms shall be governed by the laws of the State of Colorado, as they
apply to agreements made and solely performed therein, without regard for
conflicts of law. All actions, claims or disputes arising hereunder or relating
to the Site shall be exclusively subject to the jurisdiction of the federal and
state courts in the County of Arapahoe, State of Colorado.
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