Welcome to AtomBeam Technologies Inc.’s Customer Portal, or “ACP”. The ACP is maintained by AtomBeam in order to inform visitors about the AtomBeam branded services and products and to provide a means for AtomBeam customers to create and download Codebooks. Use of the website is subject to the terms presented herein which are subject to change by AtomBeam without notice. If you have any questions, comments or concerns regarding these Terms or the ACP, please contact us at firstname.lastname@example.org.
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR CUSTOMER ACCESS PORTAL (“ACP”). YOUR USE OF THE ACP AND/OR ITS CONTENTS INDICATE THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THEM, AND THAT YOU ACCEPT THEM AS PRESENTED. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE ACP.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the ACP and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use the ACP for your own internal use and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you.
If your use of the ACP is prohibited by applicable laws, then you aren’t authorized to use the ACP. We can’t and won’t be responsible for your using the ACP in a way that breaks the law.
If any of these terms are held invalid or unenforceable by a competent court of law, the unenforceable provision shall be severed from the remaining provisions and not affect the validity or enforceability of the rest of the terms.
Use of the website is governed by the laws of the state of California without regard to any conflict of law principles. Any legal action or proceeding relating to the use of the website must be instituted in the state or federal courts of California, which have exclusive jurisdiction.
Governing law for use of the products and services is set forth in the relevant Subscriber or End User License Agreement.
If there is a dispute between users of the ACP, or between users and any third party, you agree that AtomBeam is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release AtomBeam, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our ACP. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Your use of the ACP is subject to the fact that You represent, warrant, and agree that You will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the ACP or interact with the ACP in a manner that: (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including AtomBeam); (b) Violates any law or regulation; (d) Violates the security of any computer network,cracks or otherwise compromises any passwords or security encryption codes; and (e) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the ACP. A violation of any of the foregoing is grounds for termination of your right to use or access the ACP. What are my rights in the ACP? The materials displayed or performed or available on or through the ACP, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the ACP, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including AtomBeam’s) rights.
You understand that AtomBeam owns the ACP. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the ACP. The ACP may allow you to copy or download certain Content. Please remember that all the restrictions above do apply.
THE ACP AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE ACP WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ATOMBEAM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ATOMBEAM IN CONNECTION WITH THE ACP IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE ACP MAY ALSO CONTAIN LINKS TO WEBSITES OPERATED BY THIRD PARTIES. THESE LINKS ARE PROVIDED FOR CONVENIENCE ONLY, AND ATOMBEAM DOES NOT ENDORSE, MONITOR, CONTROL, OR VERIFY THE CONTENTS OF THESE SITES. ATOMBEAM IS NOT LIABLE FOR ANY CONTENT ACCESSED THROUGH A LINK OR FOR ANY DAMAGE CAUSED BY A THIRD PARTY SITE.
You agree to indemnify and hold AtomBeam, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the ACP, including the use of any links on the ACP or your submission of any content through the ACP, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without AtomBeam’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Choice of Law: Arbitration.
“AtomBeam”, “Codebook” and other terms used on the website are trademarks owned by AtomBeam. No rights are granted to AtomBeam’s trademarks other than as required by the typical use of the ACP. The AtomBeam ACP and its contents are protected under US and international copyright law.
AtomBeam offers separate products and services, each of which are subject to additional terms and conditions. The additional terms and conditions are presented when applying for the products or services (each a “Subscriber Agreement” or “End User License Agreement”). These terms do not modify or supplement the Subscriber Agreement or End User License Agreement and relate solely to the accessing and content of the ACP. Nothing on the ACP shall be construed as a warranty or representation of the products or services except where such representation or warranty is explicitly included in the relevant Subscriber Agreement or End User License Agreement.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and AtomBeam agree that these Terms are the complete and exclusive statement of the mutual understanding between you and AtomBeam, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein).
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind AtomBeam in any respect whatsoever. You and AtomBeam agree there are no third-party beneficiaries intended under this Agreement.