Terms & Conditions

ATOMS, INC.
TERMS OF SERVICE
Last Updated on May 7, 2019

These Terms of Service (“Terms”) govern your use of services provided by Atoms, Inc. (“we”, “us”, “our”, or “Company”). These Terms are a binding legal agreement between you and Company.

Please be aware that these Terms include a binding arbitration provision that requires you to submit to binding and final arbitration. Please see Section 12, below.

These Terms refer to our privacy policy (“Privacy Policy”), hereby incorporated by reference.

Please read these Terms carefully, as they may have changed.

By accessing or using the Services:

  1. You acknowledge that you’ve read, understood, and accept these Terms.
  2. If these Terms have materially changed since your last access, you accept the changed Terms.
  3. You represent and warrant that you are at least eighteen (18) years of age.
  4. You consent to receive communications from us electronically.

Accessing the Site

We grant you permission to access and use the Services subject to the restrictions set out in these Terms. Your use is at your own risk.

Account Registration and Account Security

Some Services require you to register an account with us. You are responsible for all activities that occur in connection with your account and must treat your account access credentials as confidential.

We may close your account, suspend your ability to use certain portions of the Services, and/or ban you from the Services without notice or liability.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services for any commercial purpose, except as expressly permitted.
  • Violate any applicable laws or regulations.
  • Create, send, transmit, or use any material that is defamatory, obscene, or otherwise objectionable.

IP Ownership

We own the Services and all of our trademarks, logos, and any other Content that we create in connection with the Services. All rights in and to the Company IP are retained by us.

Purchases

If you are buying any Purchases from us, the additional terms set forth in our Customer Addendum shall apply.

Links to other Sites

We have no control over the contents of linked websites and cannot accept responsibility for them.

No Guarantee of Service

The Services may be modified, updated, interrupted, or discontinued at any time without notice or liability.

Disclaimer of Warranties

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limit of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

Indemnification

You shall indemnify and hold harmless Company and its affiliates from any claims resulting from your violation of these Terms.

Governing Law

This Agreement shall be governed by the laws of the State of New York.

Arbitration and Class Action Waiver

Arbitration

For any dispute with Company, you agree to first contact us to attempt to resolve the dispute informally. If not resolved, you agree to resolve any claim through binding arbitration, conducted in Kings County, New York.

Class Action/Jury Trial Waiver

All claims must be brought in the parties’ individual capacity, and not as a participant in any class action or collective action.

General Terms

These Terms constitute the sole and entire agreement between you and Company with respect to the Services.

Contact

All feedback and comments should be directed to: privacy@atoms.com.

Customer Addendum

If you purchase any products, additional terms shall apply:

  • Purchases: Your information provided must be true and accurate.
  • Payment: You shall pay the fees set forth on the confirmation page for your Purchase.

Payment; AtomsPay Overview

  • Installment Feature: Pay for your Purchase in three (3) installments, due every 2 weeks.
  • Eligibility: You must be over 18 years of age, a resident of the U.S., and capable of entering a legally binding contract.

Payment; AtomsPay Late Payments

  • Late Fees: A Late Fee of up to $8.00 will be imposed if an installment remains unpaid for a period of ten days.

Shipping

You shall pay any additional shipping fees required by Company.

Returns

If you wish to return a Purchase, please follow the instructions here for returns.