Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of the Atandra.com site, including any content, software or services available and accessible through the site (referred to as the “Service”). Atandra may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. The use by you of any content or software accessible through the Service may be subject to your acceptance of separate agreements with Atandra or third parties.
General Terms and Conditions
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
You agree that use of the Service, including any applets, software, content and services accessible therein, is entirely at your own risk. The service is provided “as is,” without warranty of any kind, either express or implied, and Atandra and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. Atandra does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does Atandra warrant access to the Internet or to any other service or content through the service. The entire liability of Atandra and its representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the related services or content purchased from Atandra, its authorized reseller or its service providers. To the maximum extent permitted by applicable law, Atandra and its subsidiaries, affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers or suppliers (“representatives”) are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Atandra or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Atandra and you. Atandra would not be able to have provided this service to you without such limitations.
Atandra is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web site, and is the Copyright owner or licensee of the content and/or information on this Web site including but not limited to any screens appearing at the site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this site for your personal use or records. If you make other use of this site, except as otherwise provided above, you may violate Copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Atandra does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other Copyrightable material or other intellectual property, by placing them on this Web site.
Atandra reserves the right, without prior notice, to change any information on this Service, including but not limited to, the features, services or other information. Clicking on certain links within this Web site might take you to other Web sites for which Atandra assumes no responsibility of any kind for the content availability or otherwise. (See “Third-Party Links From and To Service” below.) The content presented at this site may vary depending upon your browser limitations.
Third Party Provided Content or Services
Neither Atandra nor any of its content or service providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
User Conduct On the Service
While using the Web site, you may not:
- Restrict or inhibit any other user from using and enjoying the Service;
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Atandra) or engage in spamming or flooding; or
- Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- Post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by Copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the Copyright owner or right holder; or
- Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is Copyrighted as a collective work under U.S. Copyright laws.
Atandra has no obligation to monitor the Service. However, you acknowledge and agree that Atandra has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Atandra will not intentionally monitor or disclose any private electronic-mail message unless required by law. Atandra reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Third Party Links From and To Service
You acknowledge and agree that Atandra has no responsibility for the accuracy or availability of information or services provided by third party linked sites. Links to such sites do not constitute an endorsement by Atandra of such sites or the content, services, products, advertising or other materials presented on such sites.
Information in the many Web pages that are linked to the Service comes from a variety of sources. Some of this information comes from official Atandra licensees, but some may come from unofficial or unaffiliated organizations and individuals, both internal and external to Atandra. Atandra does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Atandra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services, products advertising or other materials available on such sites.
If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold Atandra liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
Banking, Billing or Other Online Services
Access to Online Banking, Online Payment, and any other financial services available through the Internet and selected Atandra products (the “Online Service”) is provided by your financial institution and not Atandra. You agree not to hold Atandra liable for any loss or damage of any sort incurred as a result of any such dealings with any services provided by your financial institution. Your access may be limited from time to time, depending on the service provided by your Internet service provider or your financial institution. You may be billed for these Online Services by your financial institution, not Atandra, and such financial institution may have its own service agreement which will govern the Online Services it provides. You agree to be responsible for all telephone charges associated with your Internet and online service usage.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Provider will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Software Available on the Site
Software that is made available from the Site (“Software”) is the copyrighted work of Provider and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included as part of access to the Software (“EULA”). You may not use any Software that is accompanied by or includes a EULA unless you first agree to the EULA terms. For any Software not accompanied by a EULA, Provider hereby grants to you, the user, a personal, nontransferable license to access the Software for viewing and otherwise using the Site in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by Provider and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
Termination of Agreement
You may terminate this Agreement at any time by sending an email to email@example.com. There will be no refunds for any fees paid for this event. To prevent additional charges, the agreement must be cancelled atleast 48 hours before your next billing cycle.
Atandra may terminate this agreement, the software or services, disable your account or put your account in inactive status, in each case at any time with or without cause, and with or without notice. Atandra shall have no liability to you or any third party because of such termination or action.
If you account is classified (at Atandra’s sole discretion) as inactive for over 120 days, Atandra has the right to permanently remove your data submitted by you or otherwise obtained and stored in any Atandra’s hosted service. Atandra will attempt to contact you via email prior to any permanent removal actions.
Limitation of Liability
IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THIS SITE, THE SERVICES, OR THE SOFTWARE, YOU AGREE THAT PROVIDER’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTH’S PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. PROVIDER IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
THIS SITE, SERVICES, AND SOFTWARE ARE PROVIDED BY PROVIDER ON AN “AS IS” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE AND THE SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE SERVICES, OR THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. PROVIDER DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.
The Terms of Service and the relationship between you and Atandra shall be governed by the laws of the State of New Jersey, USA without regard to its conflict of law provisions. All legal actions in connection with the agreement shall be brough in state or federal courts located in Essex county in New Jersey.
In any action or proceeding to enforce rights under the agreement, the prevailing party will be entitled to recover its litigation costs including all attorney fees.
The failure of Atandra to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By accessing and using this site and software and services provided by this site, you agree to these Terms of Service.