BY REGISTERING THROUGH ATLAS OBJECTIVES SOFTWARE ("ATLAS OBJECTIVES"), YOU AS THE ACCOUNT HOLDER (MANAGER), OR AS THE INVITED ACCOUNT USER (TEAM MEMBER) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT.
By using Atlas Objectives, you agree that you will not disclose Atlas Objectives trade secrets and will not use any of the information made available to you to compete against Atlas Objectives. No competitors or future competitors are permitted access to Atlas Objectives, and any such access by third parties is unauthorized. You agree that you will not copy, record, publish, compile, reproduce, republish, use or resell for any competing commercial purpose any information obtained from Atlas Objectives and you agree to not use any device, software or routine that may extract, copy, modify, import, export, replicate, scrape or otherwise deliver, in any manner, the data and information obtained from Atlas Objectives to you or anyone else. If you do so, then you agree that Atlas Objectives shall suffer irreparable injury and that an injunction or temporary restraining order may be entered by any court sitting in the State of Ohio prohibiting the use of such information and requiring, without limitation, that any domain name used to advertise the competing use be redirected away from the site. In addition, you agree to pay all reasonable attorneys' fees and costs incurred in enforcing these provisions. The remedy of injunction is in addition to any other remedy available to Atlas Objectives under law or in equity.
Atlas Objectives agrees to maintain the information you and your team members provide and make it available only to you. Atlas Objectives shall not be liable for any damages or injury arising from your privacy practices. You agree to indemnify Atlas Objectives from any and all claims arising from or relating to any breach of privacy or any use or misuse of information provided by you or your team members.
You represent and warrant that the contents of your account, such as text, graphics, logos, links to other sites, audio clips, video, photographs, software, trademarks, and other information, unless otherwise noted, were created by you or you have the lawful right to display and disseminate all such content. Additionally, you represent and warrant that your use of Atlas Objectives shall be solely for a lawful purpose and that all content provided by you or your team members shall at all times be lawful. Atlas Objectives has no control over, makes no representations concerning, and shall not be liable for any damages or injury arising from the content included or the representations made within the Atlas Objectives website.
Atlas Objectives and the content and services made available on Atlas Objectives are provided on an "AS IS" and "AS AVAILABLE" basis. Atlas Objectives DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Atlas Objectives DOES NOT AND CANNOT GUARANTEE THAT NO UPTIME, SERVER OUTAGE OR PAYMENT PROCESSING ISSUES WILL OCCUR. Under no circumstance shall Atlas Objectives be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of Atlas Objectives, including without limitation, any loss of information or data, any loss resulting from system uptime issues or any loss resulting from data loss or theft. Notwithstanding the foregoing, in no event shall Atlas Objectives's total cumulative liability exceed the fees collective by Atlas Objectives from you.
You agree to indemnify, defend and hold Atlas Objectives and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorneys' fees) resulting from (i) your use of Atlas Objectives, or (ii) your breach of any provision of this Agreement. Atlas Objectives reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Atlas Objectives in asserting any available defenses.
In case any provision of this Agreement is held to be invalid, unenforceable, or illegal, the provision will be severed from this Agreement, and such invalidity, unenforceability, or illegality will not affect any other provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware County, Ohio, before one arbitrator. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United States of America, State of Ohio, and County of Delaware. If any litigation or arbitration is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs.
ALL REFERENCES TO "ATLAS OBJECTIVES" ABOVE SHALL BE DEEMED TO INCLUDE ATLAS SOLUTIONS, LLC. AND, AS APPLICABLE, THEIR PARENT AND AFFILIATE COMPANIES.
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