Terms of Service
Accelerated Technologies Holding Corp. (“ATHC” or “we”), and its employees assume no responsibility for the accuracy, completeness, objectivity, or usefulness of the information presented on our Site (as defined below). We do not endorse any recommendation or opinion made by any member or registered user, nor do we advocate the purchase or sale of any security or investment. You are responsible for your own investment decisions.
1. User’s Acknowledgment and Acceptance of Terms.
BY REGISTERING ON, VIEWING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE VARIOUS TERMS AND CONDITIONS GOVERNING THE USE OF OUR WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF OR ACCESS TO THIS SITE.
We reserve the right to modify or amend these Terms from time to time without notice to you. Any modifications or amendments of the Terms shall be effective immediately upon posting on the Website. You acknowledge and agree that it is your responsibility to review these Terms each time you log on to check for any modifications. Your continued use of this Site after such modifications will constitute your acknowledgement of the modified Terms and your express agreement to abide and be bound by them.
You can determine when these Terms were most recently modified by reviewing the “last modified” date at the top of this document. As noted above, regardless of the method by which you are notified or put on notice of any modifications to these Terms, your continued use of the Website following such modifications constitutes an affirmative: (a) acknowledgment by you of the applicability to you of these Terms and any such modifications: and (b) agreement by you to abide and be bound by these Terms, including such modifications.
As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, contractors, employees, and advertisers, and includes (without limitation) all parties involved in creating, producing, managing, administering and/or delivering this Site and/or its contents on behalf of ATHC. The term “Affiliates” does not include site users or members.
For purposes of these Terms, “Content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and any other material and Services that can be viewed or accessed by users on our Site. This includes, but is in no way limited to, message boards, chat, and other original content.
2. Description of Services.
Using Information on ATHC website:
- ATHC provides users an area to discuss financial-related information, views, opinions, and the recommendations of individuals and organizations.
- You are completely responsible for your own investment decisions and who and what you believe on the boards. The boards are designed to help you gain the information edge you need to help you make your own decisions. You are responsible for properly analyzing and verifying any information you choose to rely upon.
- Members should be aware that other members may not be who they say they are. We strive very hard to make sure members post under only one user account, but there is no guarantee our efforts will always be successful. ATHC does not perform a background check on any of the member profiles. We do not guarantee that members’ profiles contain accurate information. Members should also be aware that other members may use ATHC for personal gain. Therefore, everyone should approach messages with appropriate skepticism and objectivity.
- Messages posted by individuals may be misleading, deceptive, or in error. If you disagree with a posting, feel free to voice your opinion. It is the policy of ATHC to allow our members to freely discuss issues in a free and open manner, and we will not take sides in disagreements or disputes based on investment sentiment or other subjective criteria.
- ATHC is largely a self-policing discussion site, which means that our site administrators (“Site Admins”) will review communications received from members regarding violations of the Site policies. Upon receipt of such communications, the Site Admins can and will take such action as they deem appropriate (at their sole discretion), including, but not limited to the removal of post(s) and the suspension or termination of account(s).
- If you believe a message has been intentionally posted in violation of securities laws you should contact the Securities and Exchange Commission (SEC). The SEC’s contact information for such matters can be found at http://sec.gov/complaint.shtml
- You should be aware of the possible risks of on-line investing and market analysis. The SEC publishes information on cyber fraud. The Financial Industry Regulatory Authority (FINRA), provides analysis on how to invest carefully in the electronic world. The North American Securities Administrators Association (NASAA) provides tips on how to avoid online investment schemes aimed at taking advantage of unsuspecting investors. Their websites are instructive and can be found at:
We make various services and Content (as defined above) available on this Site including, but not limited to, the provision of a forum for the discussion of various topics, including without limitation, investments, real time market information, politics, and other topics (collectively “the Services”). Fees for certain Services (also referred to as “Premium Services”) are described elsewhere in this Site. We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may also include, but are not limited to, changes in the pricing structure, the addition or deletion of Premium Services, or changes to allowances and limitations. Without limiting the generality of the foregoing, any new features that augment or enhance the then-current Services on this Site shall also be subject to these Terms.
You understand and agree that temporary interruptions of the Services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of your use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Content and Services available on this Site are provided “AS IS” and that we assume no responsibility for the accuracy, relevance, timeliness, deletion, misdelivery or failure to store any Content, posts, images, communications or personalized settings.
Moderators. This Site utilizes the services of volunteer moderators for the individual forums. These moderators are not employees or agents of ATHC, and their actions and opinions are not ours. If you serve as a moderator, you agree to be bound by these Terms for the Website.
Moderators for ticker specific (e.g., stock specific) boards are selected by Site Admins from a pool of applicants. On general topic boards, lead moderators (typically the board creator) have the ability to add and remove assistant moderators. ATHC reserves the right to assign and remove both lead and assistant moderators from any board at any time at its sole discretion. Neither origination of a board nor availability of moderator/assistant positions on a board guarantees the ability to assume or retain any moderator position.
Professional/Commercial Members – Disclosures and Disclaimers.
Some ATHC members reflect an Investor Relations Professional (IRP) designation. IRPs are professional businesspersons providing investor awareness, investor relations, or any other compensated promotional service or activity relating to a publicly traded stock. IRPs may be compensated to provide those services by either the company (stock) they are promoting or some other interested party. There are no umbrellas; anyone who is compensated to promote a stock, even if by another IRP, must carry their own IRP status. IRP’s pay ATHC a fee (typically $95/month) for their commercial use of the site. The IRP status provides them the means to include a notice and link to their legally required Disclosure/Disclaimer. If a post qualifies for a Disclaimer/Disclosure, it is the IRP’s responsibility to mark their posting accordingly.
While ATHC requires all professional members to declare their status and maintain an active IRP subscription while engaged in any regulated activities on the site, we cannot guarantee that all do. The absence of an IRP Disclosure/Disclaimer should not be construed to indicate the poster is not subject to Section 17(b) of the Securities Act of 1933. ATHC does not track promotional activity engaged in by IRPs and we are not party to their promotion agreements. Our IRP subscription fees (described above) are assessed for their commercial use of the site and providing them the means to include any legally required Disclosures/Disclaimers with their posts.
3. Registration Data and Privacy.
In order to access some of the Services on this Site, you will need to open a separate account where you will create a login name, alias, and password by completing our online registration form, which requests certain information and data (“Registration Data”). Each login name and alias will be unique. ATHC reserves the right to refuse to grant any login name or alias that, in our determination, impersonates the login name or alias of another person, that is not in good taste or that we otherwise in our sole discretion deem to be inappropriate. However, ATHC is not responsible for policing against or preventing impersonation nor will ATHC be liable for any claims arising out of impersonation; if you suspect that you are being impersonated, please contact us at email@example.com.
By registering, you agree that your Registration Data is true and accurate and that you will maintain and update your Registration Data as necessary so that it remains true and accurate. Failure to maintain accurate Registration Data, including without limitation e-mail address, may result in your immediate removal from the Website.
You agree to maintain only one account with the Website. Determination of multiple account usage by allegedly related persons or persons originating from common locations is at the sole discretion of ATHC.
4. Payment of Fees.
Charges for the upcoming Premium Services may be billed to your credit card or paid by check or money order sent to our remittance address. Recurring charges are collected in advance of service. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the Premium Services and require you to pay the overdue amount by other means acceptable to us. If you terminate your subscription for Premium Services within three (3) days of your payment without having made extensive use of premium features during that subscription period, as determined by ATHC, and are not otherwise in violation of these Terms, you will be entitled to a refund of the most recently paid subscription. Other than the foregoing, fees will not be refunded for any reason, including without limitation imposition of account limitations or suspension, account termination, and/or service interruptions.
5. Conduct on our Site.
Your use of the Site is subject to all applicable laws and regulations, as well as our Terms, other rules and normal social etiquette. ATHC reserves the right to remove or restore posts at its sole discretion. It is members’ responsibility to bring violations of the Terms by other members to ATHC’s attention, although ATHC does not guarantee any action based on such information.
Further, you are solely responsible for the content of your posts and communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, image or document repository, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, vulgar, hateful, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- attacks, verbally or otherwise, any other user, the website, any non-public figure, or any agents or employees of ATHC;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or other proprietary or privacy right of any party;
- misappropriates the name, likeness, image, sound or other physical attribute of another person or user or falsely impersonates any other user, person or entity, including any of our employees or representatives;
- constitutes unauthorized or unsolicited commercial e-mail, junk or bulk email (also known as “spamming”), or chain letters;
- contains any unauthorized advertising or promotion of any product or service, any form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of the Site or of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any subscriber, user or third party;
- deletes, obscures or alters any attributions, legal notices or proprietary designations or labels on any Content that you upload or post to any portion of the Website; or
- transmits or uploads false or inaccurate billing, profile, contact or other information relevant to your subscription or user account.
We neither endorse nor assume any liability for the contents of any Content or other material uploaded, posted, communicated or submitted by users of the Site. We assume no obligation to pre-screen, monitor, or edit the Content posted by users of any communications services, chat rooms, message boards, newsgroups, software libraries, image or document repository, or other interactive services that may be available on or through this Site. However, we and our agents reserve the right, but not the obligation, at our sole discretion, to monitor Content posted, submitted, uploaded or otherwise made available through our Site and we further reserve the right, but not the obligation, to remove any Content that, in our judgment, does not comply with these Terms in any way or with any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate, or clearly detracts from the value of the community, as determined in our sole judgment. We are not responsible for any failure or delay in removing such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of Content. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that Content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. Users found to be or attempting to manipulate statistical data, data of other Site users, harvesting information of other users, or attempting to gain access to areas of our Site to which such users are not authorized to access, directly or indirectly, whether programmatically, robotically, manually, via posting of Content or in any other manner, will be subject to account suspension and/or termination. Users who violate, or attempt to violate, systems or network security may incur criminal or civil liability and we reserve the right to seek prosecution of such violations to the fullest extent permitted by law.
You agree that we may at any time, and at our sole discretion, limit, suspend or terminate your ability to post to any or all boards or to terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, and we reserve the right to report or refer suspected criminal violations to law enforcement authorities, and to cooperate with law enforcement authorities in investigating suspected criminal violations involving our Site.
6. Special Rules & Message Deletions.
- The ATHC Administrators (collectively, “ATHC Admin”) reserve the right to disable and/or remove any board at any time.
- Moderators of stock-specific boards are allowed to immediately remove any post that falls into the following categories: Threat, Off-Topic, Vulgarity, Privacy Violation, Spam, Personal Attack, or Duplicate. Moderators of non-stock-specific boards in the Premium area of the Site are allowed to remove any post.
- Hidden/removed posts may be reviewed by ATHC Admin and either left removed or restored. We do reserve the right to intervene if we see blatant abuse of these features. Members have the ability to review their posts removed within the past two weeks. Should you have a post removed, and you object or desire an explanation, your sole recourse is to address this matter privately with an ATHC Admin as described on the “My Removed Posts” page. Discussion of post deletions and moderator/admin actions is not permitted on the message boards.
- No post can be removed by a Moderator after a 48-hour period starting from the post’s timestamp. Moderators of premium boards have the ability to ban anybody from their board.
- Private Messages that you receive are not to be posted publicly unless you have prior permission from the author.
7. Third Party Sites and Information.
This Website may contain hyperlinks or other connections to websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties (“Third Party Sites”). Third Party Sites may contain information or material that some people may find inappropriate or offensive. Third Party Sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to Third Party Sites or their products and services. The inclusion of hyperlinks or references to any Third Party Sites is provided merely as a convenience and does not imply endorsement of the materials, content or services on Third Party Sites, nor does it reflect any association by this Site with owners or operators of such Third Party Sites or any warranty of any kind, either express or implied, by this Site as to any materials, content or services on the Third Party Sites.
8. Intellectual Property Information.
By accepting these Terms, you acknowledge and agree that all Content presented or available on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and all Content remains the sole property of ATHC and/or its Affiliates and/or the owner or source of the respective Content (each a “Content Provider”). You are only permitted to use the Content as expressly authorized by the specific Content Provider. Except for a single printed copy made for personal and noncommercial use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from this Site in any form or by any means without prior written permission from the specific Content Provider, and you are solely responsible for obtaining any necessary permission or license before using any Content that is available on this Site in any other manner. Any unauthorized use of the Content appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of any Content displayed on, or obtained through, this Site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or intellectual property or other proprietary right of any such party.
9. User’s Materials.
Please do not submit confidential, trade secret or proprietary information to us unless we have mutually agreed in writing and in advance otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us under any circumstances.
We respect the intellectual property of others, and we ask you to do the same. If you or any other person or entity believes that its copyright, trademark or intellectual property or other property rights have been infringed by any Content posted on this Site, you or the other person or entity should send notification to our Designated Agent (as identified below) immediately and in accordance with the instructions in our Digital Millennium Copyright Notice, which can be found at www.ATHCorp.com/copyright-and-ip-infridgement-policy, which is incorporated into these Terms by reference.
10. Disclaimer of Warranties.
THE USE OF THE WEBSITE, OR ANY MATERIALS, CONTENT, INFORMATION AND SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
ALL MATERIALS, CONTENT, INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE MATERIALS, CONTENT, INFORMATION AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE, MATERIALS, CONTENT, INFORMATION AND SERVICES SPECIFICALLY, AND THE INTERNET GENERALLY, WILL BE UNINTERRUPTED, TIMELY, CURRENT, SECURE, USEFUL, COMPLETE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS, CONTENT, INFORMATION AND SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS OR (E) MATERIAL, CONTENT, INFORMATION, SERVICES OR OTHER ITEMS ACCESSIBLE FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.
THE MATERIALS, CONTENT, INFORMATION AND SERVICES AVAILABLE OR ACCESSIBLE ON THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS, CONTENT, INFORMATION AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS, CONTENT, INFORMATION AND SERVICES AT THIS SITE ALSO MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE OR CORRECT SUCH MATERIALS, CONTENT, INFORMATION AND SERVICES.
Through your use of the Site, you may be approached with the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone on the Website, including moderators. No advice or information, whether oral or written, obtained by you from or through this Website shall create any warranty not expressly stated in these terms.
Under no circumstances will ATHC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Site, including any Content available on or through this Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of this Site, including any information, opinions, advice or other Content available on or through this Site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before relying on any information, data or other Content obtained on or through this Site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your exclusive remedy and our entire liability, if any, for any claims arising out of or related to these Terms or your use of this Website shall be limited to the amount you paid us for your most recent subscription in effect at the time of the act giving rise to the alleged liability.
12. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATHC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATHC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (A) THE USE OR THE INABILITY TO USE THE WEBSITE (OR ANY HYPERLINKS), ENTER OR PARTICIPATE IN ANY ONLINE CONTESTS, PARTICIPATE IN ANY BULLETIN BOARDS, CHAT ROOMS OR OTHER DISCUSSION AREAS, OR USE ANY OTHER CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT OR SERVICES ARE ERROR-FREE, ACCURATE AND/OR CURRENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONDUCT, OPINIONS OR ADVICE OF ANY USER OR OTHER THIRD PARTY ON THE WEBSITE; OR (E) ANY OTHER MATTER RELATING TO EITHER THE WEBSITE SPECIFICALLY (INCLUDING ITS MATERIALS, CONTENT, INFORMATION, SERVICES, AND ADMINISTRATION) OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ATHC AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES – INCLUDING THOSE INCURRED ON APPEAL, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF THIS SITE OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT, AT OUR 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 US IN ASSERTING ANY AVAILABLE DEFENSES. YOU SPECIFICALLY AGREE THAT THIS DUTY OF INDEMNIFICATION INCLUDES, WITHOUT LIMITATION, CHARGES OF DEFAMATION, LIBEL, WRONGFUL DISCLOSURE OF CONFIDENTIAL OR TRADE SECRET INFORMATION, INVASION OF PRIVACY GENERALLY AND FALSE LIGHT INVASION OF PRIVACY SPECIFICALLY AND INTELLECTUAL PROPERTY CLAIMS, SUCH AS TRADEMARK, SERVICE MARK, PATENT AND COPYRIGHT INFRINGEMENT. FINALLY, YOU ACKNOWLEDGE THAT ATHC IS LARGELY A “VIRTUAL” COMPANY AND AS SUCH, ITS AGENTS AND EMPLOYEES ARE GEOGRAPHICALLY REMOTE AND YOU AGREE THAT YOUR DUTY OF INDEMNIFICATION INCLUDES ACTUAL COSTS FOR TRAVEL FOR OUR EMPLOYEES, AGENTS AND ATTORNEYS.
14. Third Party Promotional Materials.
From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products or services on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. Use of Site and Storage of Material.
You acknowledge that we may establish general practices and limits concerning use of the Services available on our Website. You agree that we have no responsibility or liability for the deletion or failure to store any Content and/or other material or data maintained or transmitted on or through this Website. You acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We provide storage space and access for user posts and other communications through our Website. You may not use this Website to publish Content and/or other material or data that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or that otherwise violates these Terms, including the restrictions described in “Conduct on Our Site” above. You are responsible for any information contained in your Content, posts and other communications. However, if complaints are received regarding language, content, or graphics contained in your Content, posts or other communications, we may, at our sole discretion, remove the objectionable item(s) hosted on our servers and suspend and/or terminate your posting privileges and/or your membership or service. This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. You agree that we have no duty to preserve any Content, including your posts and communications.
16. Security and Password.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any e-mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain unauthorized access to your password and account. Our personnel will never ask you for your password except as a means to identify you as the account owner and then only if you initiate a request for assistance. You are responsible for all activity that occurs under your account. If you believe or suspect that the security of your credentials, including your password, has been compromised, you should notify us immediately.
17. Export Controls.
To the extent that any software is or may become available on or through this Website, it is subject to United States Export Controls. No software from this Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. International Use.
Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are solely responsible for ensuring that their use is in compliance with all applicable laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited. FURTHER, YOU AGREE TO INDEMNIFY AND DEFEND US WITH REGARD TO ALL LOCAL LAWS AS DESCRIBED UNDER “INDEMNIFICATION” ABOVE.
19. Electronic Communications.
By using this website and providing and/or updating your email address, you consent to receiving Commercial Electronic Messages (CEM) from us. These include all forms of electronic messages including but not limited to emails and text messages.
20. Termination of Use.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website or Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your posting privileges and/or your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your account, regardless of the reasons therefore, your right to use the Website, and any Services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Your obligations under these Terms, including indemnification and your liability for any unpaid fees, shall survive any termination of your access.
21. Governing Law & Jurisdiction.
This Website can be accessed from all 50 United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this Site, the parties agree that the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the Services available through this Site. You agree and hereby submit to the exclusive and mandatory personal jurisdiction and venue of the State and Federal Courts of New York County, New York. Moreover, by using the Website you waive all rights you or companies you own or control may have under the laws of other states or countries.
All notices to ATHC must be in writing and sent to the attention of Customer Service either:
Via U.S. Mail to either 477 Madison Ave., 6th Floor, New York, NY 10022;
Via email at legal@ATHCorp.com
However, please be aware that correspondence sent via U.S. mail may be delayed.
All notices to you will be sent either:
Via Private Message and/or to the email address supplied for your account; or
Via Broadcast through the Site (for example, with respect to changes to the Site or other matters of importance).
You agree that notification to you via either of the methods outlined above shall constitute adequate notice pursuant to these Terms.
23. Entire Agreement.
These Terms, together with all policies and other materials incorporated by reference, constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s) except by ATHC. Any attempt by you to alter, supplement or amend this document or to enter an order for products or services that are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In any action based on or related to these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one (1) year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website, or use of or access to this Website.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
You agree that your heirs, successors and assigns shall be bound by all of these Terms.