Last Updated: September 15, 2023
Applicable to US residents only: please note this Agreement contains a Binding Arbitration provision. For more information about the Binding Arbitration provision and how to opt out, please see Section 8 below.
1. Using the Websites and Services.
a. Applicable to US residents only: Children’s Online Privacy Protection Act. The Websites and Services are not directed to children under the age of 13. You must be 13 years of age or older to use the Websites and Services. By registering for any of the Websites or Services, you represent and warrant that you are 13 years of age or older. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we do not knowingly collect or store any personal information, even in aggregate, about children under the age of 13. If we discover we have received any information from a child under the age of 13, we will delete that information immediately. If you believe that we have any information from or about anyone under the age of 13, please email us in accordance with Section 16.
b. Third-Party Applications. The Websites are integrated with third-party applications, websites, and services (“Third-Party Applications”) to make available content, products, and/or services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that ATI Consultancy Group does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications.
c. Privacy Statement. Please review our Privacy Statement. Our Privacy Statement explains how we treat your personal data and protect your privacy including your right to opt out of certain communications, when you use our Websites and Services. By accessing or using any part of the Websites or the Services, you understand that your data will be held or used in accordance with ATI Consultancy Group’s Privacy Statement.
2. Your Account.
b. Passwords. When you open your account, you will be asked to choose a password. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all uses of your username and password on the Websites. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
c. Termination of Your Account. ATI Consultancy Group may, in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, terminate your account or your access to the Websites or Services, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of this Agreement, (ii) your violation of the rights of any third party; or (iii) your account becoming inactive for an extended period of time. You may terminate your profile or your account for any reason at any time by providing notice to ATI Consultancy Group of your intention to do so by contacting us at email@example.com. If your account is terminated, ATI Consultancy Group may, in its sole discretion, delete any comments, website, files, graphics or other content or materials relating to your use of the Websites or Services on ATI Consultancy Group servers or otherwise in its possession or control. Following termination, you may not be permitted to use the Websites or the Services without first obtaining ATI Consultancy Group’s express written consent. If your account or your access to the Websites or Services is terminated, ATI Consultancy Group reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Websites or the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider.
3. Intellectual Property Rights.
a. Ownership and Use. ATI Consultancy Group retains ownership of all its patent, copyright (including in both published and unpublished works, registrations and applications therefor), trade secret and rights in know-how, copyright, trademark, business domain names, designs, and other proprietary and intellectual property rights recognized in any jurisdiction worldwide, including moral rights (“Intellectual Property Rights”). You do not obtain any Intellectual Property Rights therein by virtue of this Agreement or use of the Services and Websites. You have no right to use, copy, display, perform, publish, create derivative works from, create new works or abstracts from, distribute, have distributed, transmit, or sublicense materials or content available on the Websites or through the Services, except as expressly set forth in this Agreement.
b. Limited License to Multimedia Content. Subject to our prior written approval and discretion, ATI Consultancy Group will grant you a limited license to use the multimedia images made available through the Websites, but only if you will use such content solely for comment, news reporting, teaching, K-12 classroom use, scholarship, or research.
c. Linking and Framing. You may not use any ATI Consultancy Group logo or other of its marks as part of the link without express written permission. However, you may create a plain text hyperlink to ATI Consultancy Group’s Websites provided that neither you nor the link portrays ATI Consultancy Group or any of its products and services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with ATI Consultancy Group. ATI Consultancy Group may revoke this permission at any time for any reason upon notice to you, and you must immediately cease such unpermitted conduct. You may not “frame,” inline link, or similarly display or enclose any ATI Consultancy Group marks, logos, trade dress, content or property, including, without limitation, the Websites.
4. Representations and Warranties.
Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under this Agreement, (ii) the assent to and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement constitutes legal, valid and binding obligations of the parties executing or assenting to this Agreement, enforceable in accordance with its terms and conditions, except that: (a) such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws, now or hereafter in effect, affecting creditors’ rights and remedies generally, and (b) the remedies of specific performance and injunctive and other forms of equitable relief may be subject to equitable defense and to the discretion of the court before which any proceeding therefore may be brought.
You agree to indemnify and hold ATI Consultancy Group and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this Agreement by you or, (ii) arising from, related to, or connected with your use of the Websites or the Services. If you are obligated to provide indemnification pursuant to this provision, ATI Consultancy Group may, in its sole and absolute discretion, control the defense, settlement and disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of ATI Consultancy Group. Some jurisdictions do not permit indemnities from consumers, so this provision may not apply to you.
6. DISCLAIMER OF WARRANTIES.
ATI CONSULTANCY GROUP PROVIDES THE WEBSITES AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATI CONSULTANCY GROUP DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES OR SERVICES OR THEIR USE (REGARDLESS OF HOW YOU INTERACT WITH US —ONLINE, MOBILE OR IN ANY OTHER MANNER): (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE, DEVICE OR SOFTWARE YOU USE. ATI CONSULTANCY GROUP MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ATI CONSULTANCY GROUP, INCLUDING ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, MANAGERS, OFFICERS, DIRECTORS, OR AGENTS (THE “ATI CONSULTANCY GROUP PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ECONOMIC, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE WEBSITES OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF FORESEEABLE OR EVEN IF THE ATI CONSULTANCY GROUP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ATI CONSULTANCY GROUP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES OR TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ATI CONSULTANCY GROUP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES IN CONNECTION WITH THIS AGREEMENT, THE WEBSITES, OR THE SERVICES EXCEED FIVE HUNDRED DOLLARS (USD$500).
You have the right to reject the Binding Arbitration terms as set forth in this Section 8. If you reject, neither you nor ATI Consultancy Group can require the other to participate in an arbitration proceeding. You can reject arbitration by contacting us by email, and include your name and email address, if any, used to register your account, and a clear statement that you would like to reject the arbitration provision. To be effective, your e-mail must be sent within thirty (30) days of the date that you first became subject to this Binding Arbitration provision. You do not have the right to reject any other provisions in this Agreement. This Section 8 provides that disputes between you and us may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. This Binding Arbitration provision is governed by the Federal Arbitration Act (“FAA”), and shall be interpreted in the broadest way the law will allow.
a. Covered Claims. You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to this Agreement, your account, you, or our ATI Consultancy Group’s intellectual property (“Claims”). If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as set forth below, all Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as an agent, representative, third-party vendor or an affiliated/parent/subsidiary company.
b. Arbitration Limits. Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter remains in small claims court. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any Claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of two (2) or more persons may not be combined in the same arbitration.
c. Administration. All disputes arising our of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c.55, as amended.
d. Paying for Arbitration Fees. The arbitrator may determine how the costs and expenses of the arbitration will be allocated between the parties and may award attorneys’ fees.
9. Governing Law and Venue
a. This Agreement is binding upon each party hereto and its successors and permitted assigns, and shall be governed by and construed in accordance with the laws of the state of Texas without reference to the conflict of law principles thereof. Each party agrees to submit to the county and state level courts located in the state of Texas, USA.
b. If you have validly rejected the Binding Arbitration provision, all actions or proceedings arising in connection with this Agreement shall be resolved exclusively in the county or state level courts located in Texas, USA, and to submit to personal jurisdiction of the courts located in Texas, USA for the purpose of litigating all such disputes. This choice of venue is intended by the both of us to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in Section 9. We both waive any right either of us may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceeding brought in accordance with this Section 9. You agree to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
10. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Websites or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
This Agreement and all of your rights and obligations under it is not assignable or transferable by you without the prior written consent of ATI Consultancy Group.
12. Third Party Rights.
You acknowledge that this Agreement and your registration are for your exclusive benefit and convenience. Neither can be transferred to any other person and no other person may claim rights under this Agreement or through your registration. Nothing contained herein shall be construed as granting, vesting, creating or conferring any right of action upon any other third party. This provision is not intended to limit or impair the rights that any person may have under applicable Federal statutes.
13. No Waiver.
No waiver under this Agreement is effective unless it is in writing, identified as a waiver to this Agreement, and signed by the party waiving such right. No delay or omission by us to exercise any right, remedy, power, privilege, or condition in enforcing any term or condition of this Agreement, or act, omission or course of dealing with you, shall impair any such right, remedy, power, privilege, or condition or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any future occasion. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any of the terms and conditions in this Agreement are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions of this Agreement and will not affect the validity and enforceability of the remaining provisions.
15. Entire Agreement.
This Agreement, together with the Privacy Statement, constitutes the entire agreement between you and ATI Consultancy Group relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to this Agreement or the Privacy Statement made by ATI Consultancy Group.