Introduction.
You are visiting a website owned and operated by Atlas,
LLC, (“Atlas,”
“we,” “us,” or “our”). These Terms and Conditions
(“Terms”) govern your access
to
and use of this website, including any affiliated sites
operated by Atlas and
its subsidiaries, where these Terms are posted
(collectively, the “Site” or
“Website”), as well as
the products, services, features, and content made
available through them
(collectively, the “Services”). By accessing, browsing,
or using the Site or
Services, you acknowledge and
agree that you have read, understood, and consent to be
legally bound by these
Terms and our Privacy Policy, which is incorporated
herein by reference. You
further represent
and warrant that, to the fullest extent required under
applicable state and
federal laws, you have been provided with and agree to
any legally required
disclosures and consents.
Certain Services offered through the Site may be subject
to additional terms,
conditions, or disclosures. By choosing to proceed with
any such Service, you
confirm that you have
read, understood, and agree to be bound by any such
additional terms, which are
incorporated into these Terms by reference.
Agreement.
By accessing, browsing, or using this Website or any
affiliated sites or
Services, you expressly acknowledge and agree that:
Binding Agreement:
You have read, understood, and agreed to be
legally bound by these
Terms, as well as
our Privacy
Policy, which is incorporated into these
Terms by reference.
Legal Disclosures and Consent:
To the fullest extent required by applicable
state and federal law, you
acknowledge
that you have been provided with all necessary
disclosures, have received them in a legally
sufficient manner, and
consent to all
required terms and practices described therein.
Eligibility
You confirm that you are at least 18 years of
age (or the age of legal
majority in
your jurisdiction),
and that you are not prohibited by law from
accessing or using any of
the Services
provided through this Website.
In addition, certain Services offered through the
Website may be governed by
additional
terms and conditions specific to those Services. By
proceeding with the use of
such
Services, you agree that you have reviewed, understood,
and accepted any
supplemental terms
applicable to that specific Service. If you do not agree
to these Terms in full,
you
must not access or use the Website or any Services
provided herein.
Modification.
We reserve the right, at our sole discretion, to update,
modify, or replace
these Terms at any time. Any changes will be posted to
this Website, and the
“Last
Updated” date at the top of this page will reflect the
date of the most recent
revision. Unless otherwise stated, revised Terms will
become effective seven (7)
days after they are
posted. In the event of material changes (such as
updates that affect your
rights or obligations) we may provide additional notice,
such as by email or a
prominent notice on
the Website. We encourage you to review these Terms
periodically to stay
informed of any updates. Your continued access to or use
of the Website or
Services after the effective
date of any changes constitutes your acknowledgment and
acceptance of the
modified Terms.
If you do not agree to any amended terms, you must
discontinue your use of the
Website
and Services immediately.
Eligibility.
The Services offered on this Website are intended solely
for use by individuals
who are at least 18 years of age and are legal residents
of the United States.
By
accessing or using this Website, including applying for
or utilizing any of its
Services, you represent and warrant that:
You are 18 years of age or older;
You are a legal resident of the United States;
You are legally capable of entering into a
binding agreement; and
You are not prohibited from using the Services
under any applicable law
or
regulation.
Please note that not all Services described on this
Website are available in all
geographic
locations or jurisdictions. Eligibility for specific
Services is subject to
final approval
and
determination by Atlas, its affiliates, and/or its
lending and service
partners. We
reserve the right to deny or restrict access to the
Website or any Service at
our sole
discretion, without prior notice, for any reason,
including but not limited to
violations of
these Terms.
Authorization to Obtain Credit Reports and Verify Information.
By submitting a loan request through this Website, you
provide your express
written consent under the Fair Credit Reporting Act
(FCRA) authorizing Atlas
and its affiliates, as well as any
third-party lenders, service providers, or financial
partners with whom your
request is shared (collectively, “Authorized Parties”),
to obtain and review
information about you
from one or more consumer reporting agencies. This
includes, but is not limited
to, your consumer credit report, credit score, and
related credit information
from agencies such as
Experian, TransUnion, Equifax, Clarity Services, Array,
or other recognized
credit bureaus.
These Authorized Parties may use this
information for
the following
purposes:
To verify your identity and eligibility;
To provide personalized loan quotes or offers;
To conduct a creditworthiness assessment as part
of a loan decision;
To comply with applicable legal, regulatory, or
underwriting
requirements.
In addition, you acknowledge and agree that these
parties may use third-party
identity
verification services to validate the accuracy of the
information you provide,
including but
not limited to your Social Security number, current and
previous addresses,
phone numbers,
bank account details, and employment history. Obtaining
a credit report does
not guarantee approval for any loan or service, and your
credit may be pulled by
multiple
parties depending on the number of lenders reviewing
your application.
Services Offered by this Website.
Online Marketplace for Lenders and
Other
Providers.
This Website operates as a digital marketplace that
connects consumers with
third-party
lenders, non-lender financial service providers, and
other entities
(collectively, "Network
Partners"). By clicking “Submit” or any similar button
indicating your intent to
proceed, you
represent and warrant that all information provided in
your loan request form is
accurate,
truthful, and complete to the best of your knowledge.
Network Partners participating in our platform utilize
proprietary filters,
eligibility
criteria, and bid strategies to identify the types of
consumers with whom they
wish to
connect.
These Network Partners also determine the compensation
they are willing to pay
Atlas in
exchange for the opportunity to present offers to
qualifying consumers. This
compensation may influence the order or manner in which
offers are presented to
you.
Upon submitting your loan request, Atlas transmits your
information in real
time
through our automated network, which may result in the
request being connected
to a
Network Partner. If connected, you will be redirected to
that Network Partner’s
website,
where you may be presented with a loan offer or other
related product or
service.
If your request is not accepted by any Network Partner,
we may:
Present you with an option to resubmit your
request;
Offer you information on alternative products or
services; or
Share your contact information with trusted
third-party marketers or
service
providers who may contact you via email or
text/SMS to present relevant
offers
(message and data rates may apply).
Tribal Lender Disclosure.
By submitting your loan request, you may be matched with
a tribal lender or
marketplace lender. Tribal lenders operate under the
authority of sovereign
tribal nations and may
claim exemption from state laws governing licensing and
interest rate
limitations. This means that loans offered by tribal
lenders may carry higher
rates and fees compared to
state-licensed lenders, and may also require arbitration
or dispute resolution
in a tribal jurisdiction.
You are strongly encouraged to thoroughly review and
fully understand the terms
and
conditions of any loan offer and to reject any offer you
cannot afford or find
unacceptable.
By using this Website, you acknowledge and agree that
you have read and
understood
this disclosure.
We Are Not a Lender.
Atlas is not a lender, loan broker, financial
institution, or agent of any
lender or financial institution.
This Website does not constitute an offer or
solicitation to lend. We do not
make credit decisions, originate loans, or guarantee
approval or loan terms.
Atlas collects and transmits your personal and financial
information to
Network Partners who may provide loan offers or related
products.
Your information may also be shared with non-lenders or
intermediary providers
to facilitate a connection with a lender. Submitting
your information does not
guarantee:
That you will be connected with a lender;
That you will be approved for a loan;
That you will receive the loan amount requested;
or
That the loan will be available in your state or
jurisdiction.
Loan amounts, terms, funding timelines, and lender
availability may vary. If a
lender does
not operate in your state, you will not be connected
with that lender. For any
questions
regarding a loan product or decision, you must contact
the lender directly.
Advertiser Disclosure.
Atlas provides this service free of charge to you.
However, we may be
compensated by lenders, non-lenders, and third-party
providers for each lead or
referral we deliver.
Your use of this Website constitutes your understanding
and agreement to this
compensation structure. We do not endorse, recommend, or
guarantee the products,
services, or practices of any particular Network
Partner. You are solely
responsible for evaluating loan offers, determining
suitability, and selecting
the lender or provider that
best fits your financial situation. We do not guarantee
that offers presented
are the best available in the market.
Requests for Other Products and
Services.
In addition to loan-related services, Atlas may offer or
allow you to request
additional products or services that align with your
interests.
These may include, but are not limited to:
Debt consolidation or settlement services
Auto title loans
Credit card offers
Health, life, or other insurance products
Credit monitoring or repair services
By submitting your information, you consent to receiving
offers and marketing
communications for these ancillary services when
applicable.
Not Professional Advice.
The information, content, and services provided by Atlas
are offered solely
for your convenience and do not constitute financial,
legal, medical, or
professional advice. We
make no representations or warranties regarding the
suitability, reliability, or
accuracy of any content or service. You should not rely
on any information
provided by this Website as
a substitute for consultation with a qualified
professional. Always seek advice
from a licensed professional regarding your financial
decisions. Never disregard
or delay seeking
professional advice because of something you have read
or encountered on this
Website. No fiduciary or professional-client
relationship is formed between you
and Atlas
through the use of this Website or any of our Services.
Data Sharing with Lenders, Providers, Non-Lending Financial Institutions, and Third Parties.
When you voluntarily submit your loan request or provide
any personal
information through this Website, you acknowledge and
agree that Atlas will
share
the information you provide with third-party lenders,
service providers,
non-lending financial institutions, and other affiliated
entities (collectively,
“Network Partners”). These
Network Partners may collect, store, and use the
information you provide,
including data from your loan request form and any other
information obtained
during the processing of
your application or related services. Network Partners
may retain this
information regardless of whether you qualify for,
accept, or ultimately receive
a loan or other
products and services. This retention may also apply if
you do not meet
eligibility criteria or do not complete a transaction.
You are responsible for
directly contacting any Network
Partner if you wish to stop receiving communications or
offers from them.
Furthermore, Atlas and its Network Partners may disclose
the information you
provide to
applicable state licensing authorities, government
regulators, and law
enforcement agencies as required by law or regulation.
Under agreements between Atlas and Network Partners, we
may receive updates
about the
status of your loan request, including, but not limited
to, loan approval
status,
funding amount, or loan disposition. Detailed
information on how your data is
handled by
each Network Partner can be found in their respective
Privacy Policies, which we
encourage you to review. By submitting your information,
you expressly consent
to Atlas
and the selected Network Partners sharing your
personally identifiable
information for purposes including, but not limited to:
Providing the products and services you request;
Responding to litigation, regulatory inquiries,
or law enforcement
requests;
Conducting internal analytics and performance
assessments;
Marketing and promotional communications.
Your consent is a necessary part of using our Services
and enables us to connect
you with
the appropriate providers efficiently and securely.
Consent to Receive Communications Electronically.
By submitting a loan request on or through this Website,
you expressly consent
and agree to receive all legally required
disclosures, notices, and other communications
(collectively, “Disclosures and
Communications”) electronically, in accordance with the
terms of our Electronic
Consent
(“E-Consent”). Network Partners and Atlas, LLC are
required by law to provide
you with certain disclosures and communications related
to your loan request or
any services
offered. These may include, but are not limited to:
Information regarding the status of your loan
request;
Requests for additional information or
clarification regarding your
application;
Federal and State Truth-in-Lending disclosures;
Terms, conditions, agreements, and other
contractual documents; and
Privacy policies of Atlas and its Network
Partners.
You acknowledge that electronic delivery is a valid and
effective means of
receiving these
documents and that you have the right to receive any
document in a
non-electronic
format upon request. If you wish to withdraw your
consent to receive electronic
communications at any time, or if you no longer want to
receive communications
from
Atlas or its Marketing Service Providers, you may do so
by:
Contacting us via email at info@atlas.com,
or
Using the opt-out mechanism provided in the
communications you receive
from us.
Please note that opting out of electronic communications
may limit or delay your
ability to
receive important information related to your loan
request or other services.
Consent to Receive Communications, Telephone Calls, and SMS Messaging.
By submitting your information on our Website and
providing your consent, you
agree that Atlas, its affiliates, Network Partners,
and designated Marketing Service Providers may contact
you via telephone calls
and/or SMS/text messages at the phone numbers you
provide, including both landline and cellular numbers.
This consent includes
calls or messages made using automated dialing systems
or pre-recorded messages,
even if your
number is listed on any federal, state, or local
Do-Not-Call registry.
Communications you receive may relate to your loan
request or may include
marketing of loan and non-loan
related products and services such as debt consolidation
or settlement services,
health insurance products, auto title loans, credit card
offers, and other
products or services that
may be of interest to you. Standard message and data
rates may apply for SMS
communications.
By submitting a loan request, you acknowledge that a
business relationship is
established
between you and Atlas, and you expressly consent to
receive electronic
communications, including agreements, disclosures,
notices, and other
information required
by law, in electronic form. This electronic delivery
satisfies any legal
requirement
that such communications be in writing. You also
authorize us to retain the
information you
provide and to make live or recorded calls or send
messages to discuss or remind
you
about any aspect of your loan request, including
incomplete submissions, offers,
deadlines,
service quality, or related products and services. If
you wish to withdraw your
consent and opt out of receiving future communications
from Atlas, and its
Marketing
Service Providers, you may do so at any time by:
Using the opt-out mechanism provided in the
communication you receive,
or
Contacting us directly via email a info@atlas.com, or
Please note that opting out of communications may affect
your ability to receive
important information regarding your loan request or
related services.
Copyrights and Trademark.
All content on this Website—including, but not limited
to, software, graphics,
text, design elements, images, illustrations, databases,
user interfaces,
visual and audio components, structure, arrangement,
products, and information
(collectively, the “Content”)—is owned, controlled, or
licensed by Atlas
and/or its
licensors. This Content is protected by U.S. and
international copyright laws,
trademark laws, patent laws, trade secret protections,
and other intellectual
property and unfair competition laws.
Except as expressly permitted by Atlas in writing, no
part of this Website or
its Content
may be copied, reproduced, republished, uploaded,
posted, publicly displayed,
transmitted, distributed, modified, framed, mirrored, or
otherwise used in any
manner
without the prior written consent of Atlas. Unauthorized
use of the Website’s
Content may violate copyright, trademark, and other laws
and may result in civil
or criminal
penalties.
All trademarks, service marks, logos, and trade names
displayed on this Website
are the
registered or unregistered trademarks of Atlas or their
respective owners.
Nothing
on this Website should be construed as granting any
license or right to use any
trademark
displayed on this site without the prior written
permission of Atlas or the
applicable
trademark owner.
Privacy.
Your privacy is important to us. Atlas employs
industry-standard security
measures and best practices to protect your personally
identifiable information
(“PII”) from unauthorized access, disclosure,
alteration, or destruction. For
detailed information about how we collect, use, and
safeguard your information,
please review our
full Privacy Policy. When you use this Website, Atlas
and/or its Network
Partners may collect, verify, and record personal
information including, but not
limited to, your
name, Social Security number, address, telephone number,
and date of birth. This
information is necessary to accurately identify you and
facilitate your loan
request. During
the application process with our Network Partners, you
may be required to
provide additional documentation (such as a driver’s
license or other
government-issued
identification) to further verify your identity and
comply with applicable legal
and regulatory requirements.
Foreign Users.
Atlas makes no representation that the content,
products, or services offered
on this Website are appropriate, available, or lawful
for use in jurisdictions
outside the United States. If you access or use this
Website from outside the
United States, you acknowledge and agree that:
You have voluntarily initiated contact with
Atlas from your location;
You will not use, transmit, disseminate, or
upload any content or
materials through
this Website in violation of any applicable
local, state, national, or
international
laws or regulations of your country of
residence;
Atlas shall have no liability under any laws
other than those of the
United
States;
Your use of this Website and any related
Services shall be governed
exclusively by
the laws of the United States, and any disputes
shall be subject to the
arbitration
and venue provisions set forth in these Terms;
You expressly consent to the processing and
storage of your personal
data in the
United States, in accordance with applicable
U.S. privacy laws.
By continuing to access or use this Website from outside
the United States, you
confirm your
understanding and acceptance of these conditions.
Representations and Warranties.
By using this Website, you represent, warrant, and
affirm to Atlas that: (i)
you are at least 18 years of age and legally capable of
entering into a binding agreement; (ii) you have the
full authority and legal
capacity to accept and be bound by these Terms; (iii)
you will not use this
Website or any of its
content, features, or services for any unlawful purpose,
or in any way that
infringes upon the rights of Atlas or any third party;
(iv) any information,
data, or materials you
submit through this Website—including but not limited to
your name, email
address, phone number, financial details, or other
identifying information—is
accurate, truthful,
complete, and does not violate any law or infringe on
any third-party rights;
(v) you are not impersonating any person or entity, and
you are not using a
false identity or
misrepresenting your affiliation with any person or
organization; (vi) you have
the necessary authority, rights, and permissions to
perform your obligations and
comply with
these Terms as a user of this Website. Your continued
use of this Website
constitutes a reaffirmation of these representations and
warranties.
Disclaimers and Limitation of Liability.
No Warranties
Atlas PROVIDES THIS WEBSITE, INCLUDING ALL INFORMATION,
CONTENT,
FUNCTIONALITY, PRODUCTS, AND SERVICES AVAILABLE THROUGH
IT, ON AN "AS IS" AND
"AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY
KIND—EXPRESS, IMPLIED, OR
STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
Atlas, LLC EXPRESSLY
DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(i) IMPLIED WARRANTIES
OF MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR
PURPOSE; (iii) NON
INFRINGEMENT; (iv) ACCURACY, RELIABILITY, OR
COMPLETENESS OF ANY INFORMATION;
(v) AVAILABILITY OR TIMELINESS OF SERVICE; (vi) ANY
WARRANTIES ARISING OUT OF
COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Atlas, LLC
MAKES NO
REPRESENTATIONS OR GUARANTEES THAT YOUR USE OF THIS
WEBSITE WILL BE
UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
WE DO NOT WARRANT THAT ANY INFORMATION OBTAINED THROUGH
THIS WEBSITE WILL MEET
YOUR EXPECTATIONS OR THAT RESULTS WILL BE RELIABLE OR
SUITABLE FOR YOUR NEEDS.
No Responsibility for Third Parties
Atlas IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL
LIABILITY RELATED TO: (i) THE
CONDUCT, ACTS, OR OMISSIONS OF ANY NETWORK PARTNER OR
THIRD-PARTY
SERVICE PROVIDER; (ii) THE ACCURACY OR LEGALITY OF ANY
QUOTES, LOAN OFFERS, OR
SERVICES PROVIDED BY NETWORK PARTNERS; (iii) ANY FAILURE
BY A NETWORK PARTNER
TO CONTACT YOU, APPROVE YOU, FUND A LOAN, OR PERFORM
UNDER ANY AGREEMENT; (iv)
ANY DISPUTE, TRANSACTION, OR RELATIONSHIP BETWEEN YOU
AND ANY NETWORK
PARTNER OR OTHER THIRD PARTY. ALL SUCH INTERACTIONS ARE
SOLELY BETWEEN YOU AND
THE THIRD PARTY, AND YOU ASSUME ALL RISK ASSOCIATED
THEREWITH.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL Atlas,
ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, NETWORK
PARTNERS, OR
MARKETING SERVICE PROVIDERS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR: (i) ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
OR PUNITIVE DAMAGES;
(ii) DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS
INTERRUPTION, LOSS OF
GOODWILL, COMPUTER FAILURE, UNAUTHORIZED ACCESS TO OR
LOSS OF PERSONAL
INFORMATION; (iii) OR ANY DAMAGES ARISING FROM OR
RELATED TO YOUR ACCESS TO, USE
OF, OR INABILITY TO USE THIS WEBSITE OR ANY SERVICE
OFFERED THROUGH IT,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE—EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE
FOREGOING,
THE TOTAL LIABILITY OF Atlas, LLC FOR ANY CLAIM ARISING
OUT OF OR RELATING TO
THIS WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED
DOLLARS ($100.00
USD), REGARDLESS OF THE FORM OF ACTION.
Jurisdictional Exceptions
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY
HAVE ADDITIONAL
RIGHTS. IN SUCH CASES, LIABILITY WILL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED
BY LAW.
Indemnification.
As a condition of your access to and use of this Website
and/or any services
provided by Atlas, you agree to indemnify, defend, and
hold harmless [Site
Name], its officers, directors, employees, agents,
affiliates, subsidiaries,
Marketing Service Providers, Network Partners,
licensors, and service providers
(collectively, the “Indemnified Parties”) from and
against any and all claims,
demands, liabilities, damages,
losses, costs, and expenses, including reasonable
attorneys’ fees and legal
costs, arising out of or relating to:
Your use or misuse of the Website or any
services provided through the
Website;
Your violation of these Terms and Conditions or
any applicable law or
regulation;
Any content or materials submitted, posted,
transmitted, or otherwise
made available
by you through the Website;
Any misrepresentation, fraud, or negligence by
you in connection with
your use of
the Website;
Any interaction, transaction, or dispute between
you and a Network
Partner or any
third party arising from your use of this
Website.
You agree not to settle any such claim, action, or
matter without the prior
written consent
of Atlas.
The Indemnified Parties reserve the right, at their sole
discretion and at their
own
expense, to assume the exclusive defense and control of
any matter otherwise
subject to indemnification by you. In such case, you
agree to cooperate fully
with the
Indemnified Parties in the defense and resolution of
such matter. This
indemnification
obligation will survive the termination or expiration of
your use of the Website
and any
applicable agreements.
Errors and Delays.
You acknowledge and agree that Atlas is not liable for
any errors, delays, or
failures in responding to your inquiry, loan request, or
referral
submission that result from circumstances beyond our
reasonable control. This
includes, but is not limited to, incorrect or incomplete
information provided by
you (such as an
invalid email address or phone number), technical
malfunctions, outages of
internet service providers, system failures, or acts of
God. Atlas shall not
be held responsible
for any losses or damages resulting from such errors or
delays.
Links to Third Party Websites.
This Website may contain links to third-party websites
that are not owned, operated, or controlled by Atlas.
These links are provided
solely as a convenience to you and do not constitute an
endorsement,
sponsorship, or
recommendation by Atlas of the third-party website, its
content, or any
products or services offered therein. You acknowledge
and agree that Atlas has
no control over,
and assumes no responsibility for, the content,
policies, or practices of any
third-party websites. Accessing such third-party sites
is done entirely at your
own risk, and your use of
any third-party websites may be subject to separate
terms and conditions and
privacy policies imposed by the operators of those
sites.
Notice of Claim Requirement.
Before initiating any legal action or arbitration
concerning a dispute arising
out of your use of this Website or services provided by
Atlas,
you agree to provide us with a written notice of your
claim and a reasonable
opportunity to resolve the matter. Your notice must
include the following: (i)
your full name;
(ii) your mailing address; (iii) a clear written
description of the claim or
issue; and (iv) a specific statement of the relief or
remedy you are seeking.
Please send your notice by email to
info@atlas.com
and via
certified
mail to:
- Atlas, LLC
- Attn: Legal Department
- 1223 Wilshire Blvd, #852
- Santa Monica, CA 90403-5400
We will review your notice and attempt to resolve the
dispute in good faith
within thirty
(30) days of receipt.
If the matter is not resolved within that timeframe, you
may pursue further
legal remedies
as described in these Terms and Conditions.
Release and Discharge.
By accessing and using this Website, you knowingly and
voluntarily release,
remise, acquit, and forever discharge Atlas, its
Marketing
Service Providers, its Network Partners, and each of
their respective officers,
directors, employees, agents, contractors, licensors,
licensees, affiliates,
suppliers, service providers,
and any other related, associated, or affiliated
entities (collectively, the
“Released Parties”) from any and all manner of claims,
demands, actions, causes
of action, liabilities, losses,
damages, costs, expenses (including reasonable
attorneys’ fees), and proceedings
of every nature and kind whatsoever (whether known or
unknown, suspected or
unsuspected,
disclosed or undisclosed, in law or in equity) that have
arisen or may arise out
of, relate to, or are in any way connected with:
Your access to or use of this Website;
Your reliance on any content, materials, or
services provided through or
in
connection with this Website;
Any communications or interactions between you
and Atlas, its
Marketing Service
Providers, or Network Partners;
Any agreement or transaction you enter into with
a third party as a
result of using
this Website.
This release is intended to be as broad and inclusive as
permitted by applicable
law and
shall be governed by and interpreted in accordance with
the laws of the United
States. If
you are a California resident, you expressly waive any
rights you may have under
California
Civil Code §1542.
Dispute Resolution and Binding Arbitration.Binding
Individual Arbitration
You agree that any dispute, claim, or controversy
arising out of or relating to
your use of
this Website, the Services, the Content, or these Terms
(“Dispute”) shall be
resolved solely
through final and binding individual arbitration, rather
than in court. This
arbitration
will be administered by the American Arbitration
Association (AAA) in accordance
with its
Consumer Arbitration Rules. The arbitration shall take
place in Los Angeles,
California,
unless otherwise agreed in writing. The arbitrator(s)
shall: (i) apply
applicable law
without
deviation; (ii) make all reasonable efforts to expedite
proceedings and minimize
discovery;
(iii) have exclusive authority to resolve any dispute
regarding the
interpretation,
applicability, enforceability, or formation of this
arbitration provision.
You acknowledge and agree that:
You are waiving your right to a jury trial;
You may not participate as a plaintiff or class
member in any class,
representative,
or consolidated proceeding.
Each arbitration must be conducted solely on an
individual basis.
Jurisdiction and Governing Law
This Agreement shall be governed by the laws of the
State of California, without
regard to conflict of law principles. If for any reason
a Dispute proceeds in
court rather than
arbitration (such as to confirm or enforce an
arbitration award), you consent to
the exclusive jurisdiction and venue of the state and
federal courts located in
Los Angeles
County, California, and waive any objections to such
jurisdiction or venue.
Time Limit to Initiate a Dispute
Any claim or cause of action you may have arising out of
or related to the
Website, Services, or Content must be initiated within
one (1) year from the
date the claim arose or
the date on which you reasonably should have discovered
it. Otherwise, such
claim is permanently barred.
Severability and Entire Agreement
If any provision of this Agreement, including the
arbitration clause, is found
to be invalid
or unenforceable, that provision shall be reformed to
the extent necessary to
make it
enforceable, consistent with the intent of the original
provision. Such a
finding shall not
affect the enforceability of the remaining provisions of
this Agreement.
This Agreement, including any referenced policies or
additional terms
incorporated by
reference, constitutes the entire agreement between you
and Atlas regarding
your
access to and use of the Website and supersedes any
prior or contemporaneous
oral or
written communications.
You acknowledge that in entering into this Agreement,
you are not relying on any
representation, warranty, statement, or promise not
expressly stated herein, and
you
waive any claimed reliance on such prior statements.
No Class Action.
To the fullest extent permitted by law, you and Atlas
agree that any dispute
resolution will be conducted solely on an individual
basis and not in a
class, consolidated, or representative action. You
understand and agree that you
are waiving your right to participate as a plaintiff or
class member in any
purported class
action, class arbitration, private attorney general
action, or other
representative proceeding. Any claim you bring must be
asserted solely in your
individual capacity.
DMCA Notice.
In accordance with the Digital Millennium Copyright Act
(DMCA), 17
U.S.C. § 512(c), if you believe that any content on this
Website infringes upon
a copyright
you own or control, you may submit a properly formatted
notice of claimed
infringement
to our designated agent at:
Atlas, LLC
Email: info@atlas.com
To be effective, your notice must comply with the
requirements of 17 U.S.C. §
512(c)(3).
Please note that we may forward your notice (with
personal information redacted)
to a
third-party organization, such as the Chilling Effects
Clearinghouse, for
publication or
annotation purposes.
California Consumer Notice.
Pursuant to California Civil Code Section 1789.3,
California users of this
Website are entitled to the following consumer rights
notice:
If you have a complaint regarding the Website or wish to
request further
information regarding its use, you may contact:
- California Department of Consumer Affairs
- Consumer Information Division
- 400 R Street, Suite 1080
- Sacramento, CA 95814
- Phone: (800) 952-5210 or (916) 445-1254
- Email: dca@dca.ca.gov.
Entire Agreement.
These Terms of Use, together with the Privacy Policy
(incorporated herein by
reference), constitute the entire agreement between you
and Atlas
concerning your use of this Website and the services
offered. They supersede any
and all prior or contemporaneous communications,
understandings, or
agreements—whether
oral, written, or electronic—between you and Atlas
regarding the subject
matter herein.
Miscellaneous.
Section titles and headings in this Agreement are for
reference only
and have no legal or contractual effect. If you have any
questions, concerns, or
feedback
about these Terms or the services provided, please
contact us at:
info@atlas.com.
