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AtomRain Site Terms
Last Updated: April 6, 2023
Welcome to the AtomRain site (the “AtomRain Site”). AtomRain, Inc. and/or its affiliates (“AtomRain”) provides the AtomRain Site to you subject to the following terms of use (“Site Terms”). By visiting the AtomRain Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future AtomRain services, content or other materials, you also will be subject to the AtomRain Customer Agreement or other agreement governing your use of our services (the “Agreement”).
Please review our Privacy Policy, which also governs your visit to the AtomRain Site, to understand our practices.
When you visit the AtomRain Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the AtomRain Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the AtomRain Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AtomRain or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the AtomRain Site is the exclusive property of AtomRain and protected by U.S. and international copyright laws. All software used on the AtomRain Site is the property of AtomRain or its software suppliers and protected by United States and international copyright laws.
“AtomRain” and other AtomRain graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of AtomRain in the U.S. and/or other countries. AtomRain trademarks and trade dress may not be used in connection with any product or service that is not AtomRain, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AtomRain. All other trademarks not owned by AtomRain that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AtomRain.
One or more patents owned by AtomRain, Inc. or its affiliates may apply to the AtomRain Site and to the features and services accessible via the AtomRain Site. Portions of the AtomRain Site may operate under license of one or more patents.
AtomRain grants you a limited license to access and make personal use of the AtomRain Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AtomRain. This license does not include any resale or commercial use of the AtomRain Site or its contents; any derivative use of the AtomRain Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by AtomRain in a separate license, your right to use any software, data, documentation or other materials that you access or download through the AtomRain Site is subject to these Site Terms or, if you have an AtomRain account, the Agreement.
The AtomRain Site or any portion of the AtomRain Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AtomRain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AtomRain without express written consent. You may not use any meta tags or any other “hidden text” utilizing AtomRain name or trademarks without the express written consent of AtomRain. Any unauthorized use terminates the permission or license granted by AtomRain. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the AtomRain Site, so long as the link does not portray AtomRain, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AtomRain logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the AtomRain Site, you are responsible for maintaining the confidentiality of your AtomRain account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AtomRain reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AtomRain reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant AtomRain a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AtomRain and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the AtomRain Site. You acknowledge that (a) AtomRain has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such content.
You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AtomRain for all claims resulting from content you supply. AtomRain has the right but not the obligation to monitor and edit or remove any activity or content. AtomRain takes no responsibility and assumes no liability for any content posted by you or any third party.
AtomRain respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a notice to emails.
THE ATOMRAIN SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ATOMRAIN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. ATOMRAIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ATOMRAIN SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ATOMRAIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATOMRAIN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ATOMRAIN SITE; ITS SERVERS; OR E-MAIL SENT FROM ATOMRAIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATOMRAIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ATOMRAIN SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ATOMRAIN SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the AtomRain Site, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and AtomRain.
By using the AtomRain Site or any services provided by AtomRain or through the AtomRain Site, you agree that any dispute relating in any way to such use shall be governed by the applicable Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, and that legal venue for any dispute of any sort that might arise shall be in Wayne County, Ohio.
Please review our other policies on the AtomRain Site. These policies also govern your visit to the AtomRain Site. We reserve the right to make changes to the AtomRain Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
AtomRain, Inc.
111 S Buckeye St Ste LL1
Wooster, OH 44691
https://atomrain.com
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AtomRain that your copyrighted material has been infringed.
AtomRain Copyright Office for notice of claims of copyright infringement can be reached as follows:
AtomRain Legal Department
111 S Buckeye St Ste LL1
Wooster, OH 44691
email: copyright@atomrain.com