Welcome to www.AtomiUSA.com (“Web Site” or “Site”). This Web Site is owned and operated by Atomi, Inc. (“Company”) (collectively “we” and “us”). In addition to the Content on the Web Site, the Web Site provides you with various shopping, e-commerce and community services (“Services”). By using our Web Site and the services you are accepting the practices described in these terms of service. If you do not agree to these terms of service, please do not use the Web Site and exit immediately. We reserve the right to modify or amend the terms of our terms of service from time to time without notice. Your continued use of our Web Site and any affiliate Web Site, following the posting of changes to these terms, will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Web Site, you agree to such terms and conditions.
COPYRIGHT AND OWNERSHIP
All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Atomi, Inc., its licensors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms of Service, the use of any such material on any other Web Site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of Atomi, Inc. or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Web Site.
All trademarks, service marks and trade names of Atomi, Inc. used herein (including but not limited to: the Atomi name and logo (including the lowercase name “atomi”), are trademarks or registered trademarks of the Atomi, Inc., or its affiliates, partners, vendors or licensors). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any Atomi, Inc. trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Atomi, Inc.’s prior written consent. The use of Atomi trademarks on any other Web Site or network computer environment is not allowed. This protects you, too. When you see the Atomi marks, you can be sure of our quality and performance. Atomi, Inc. prohibits the use of Atomi trademarks as a “hot” link on or to any other Web Site unless establishment of such a link is approved in advance.
PRODUCTS, CONTENT, AND SPECIFICATIONS
All features, content, specifications, products, prices of products, and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
UNAUTHORIZED USE OF COMPUTER SYSTEM
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms of Service. Any such unauthorized use of our computer systems is a violation of these Terms of Service and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
For all charges for any products and services sold on the Web Site, AtomiUSA.com will bill your credit card or alternative payment method offered by our Web Site. In the event legal action is necessary to collect on balances due, you agree to reimburse Atomi, Inc. for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
Neither Atomi, Inc. nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Your use of this Web Site is at your own risk. The information, materials and services provided on or through this Web Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, For non-infringement of intellectual property. Neither Atomi, Inc., nor any of its respective affiliates warrants the accuracy or completeness of the information, materials or services provided on or through this Web Site. The information, materials and services provided on or through this Web Site may be out of date, and neither Atomi, Inc., nor any of its respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. All products and services purchased on or through this Web Site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Web Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty-Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
LIMITATIONS OF LIABILITY
Atomi, Inc. does not assume any responsibility, and will not be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. In no event will Atomi, Inc. or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Web Site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Web Site, any Web Sites linked to this Web Site, or the materials, information or services contained on any or all such Web Sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. In the event of any problem with this Web Site or any content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. In no event shall Atomi, Inc.’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Web Site.
You agree to defend, indemnify and hold Atomi, Inc. and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.
In the event that you have a dispute with one or more other users of the Web Site, you release Atomi, Inc. (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of New York, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms of service and all incorporated agreements may be automatically assigned by Atomi, Inc. in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Access and Interference, License, Release, Liability Limit, and Indemnity shall survive any termination or expiration of this Agreement.
All Site design, graphics, text selections, arrangements, and all software are Copyright © 2016. Atomi, Inc. The Atomi name and Logo are registered trademarks.