Website Terms Of Use | Atomic Automation

Website Terms Of Use

Last updated on August 22nd, 2020

Overview

By accessing this website, you are agreeing that these terms of use (Terms) listed below and any other laws or regulations will apply to you. If you do not accept these Terms, you must not use this website. We reserve the right to change these terms and conditions at any time. Any changes will be effective immediately. Your use of this website after any changes to the Terms are publish, indicates your agreement to those new Terms.

Shane Herring operates this website.

Description of services provided

This website provides users with access to a collection of resources, including various tools, training materials, and educational content hosted either on this site or through other services. These services may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include certain communications from Atomic Automation, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new services, shall be subject to these Terms of Service. You understand and agree that the Service is provided “AS-IS” and that Shane Herring assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Prohibited conduct

You must not:

(a) Use the Site for any activities, or to post or transmit any material from the Site:

  • unless you hold all necessary rights, licences and consents to do so;
  • that infringes the intellectual property or other rights of any person;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that defames, harasses, threatens, menaces, offends or restricts any person;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
  • that would bring us, or the Site, into disrepute.

(b) Interfere with or inhibit any user from using the Site;

(c) Use the Site to send unsolicited email messages;

(d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or

(e) Facilitate or assist another person to do any of the above acts.

Information

The contents of this site for general information only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the information, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Your registration obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or another applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Shane Herring has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shane Herring has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Account, password, and security

You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree: (a) not to share your member account login credentials with others, (b) to immediately notify Shane Herring or Atomic Automation of any unauthorised use of your password or account or any other breach of security, and (c) to ensure that you exit from your account at the end of each session. Shane Herring cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

Payment and renewal

General Terms

By selecting a product or service, you agree to pay Shane Herring the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications).

Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable after 30 days.

Automatic Renewal

Unless you notify Shane Herring before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time by clicking the link on your Profile page, or by submitting your request to Shane Herring in writing.

Services

Fees; Payment

By signing up for a membership account you agree to pay Shane Herring the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Atomic Automation reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at any time by clicking the link on your Profile page, or submitting written notice to Shane Herring.

Support

All subscriptions include access to support via the members-only Q&A Forum. “Support” means the ability to make requests for technical support assistance via the forum at any time (with reasonable efforts by Shane Herring to respond within 3-5 business days) concerning the use of the Atomic Automation Services. All support will be provided in accordance with Atomic Automation standard services practices, procedures and policies.

Use license

Permission is granted to temporarily view the materials (information or software) on Atomic Automation’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Atomic Automation’s website;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Shane Herring at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Third party sites

This website may contain links to other websites. We have no direct control over the content presented in those websites or the availability of those websites. Any information on a linked website is provided ‘As Is’.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Delays and outages

We are not responsible for any delays or interruptions to the Site.To minimise delays and interruptions, we make commercially reasonable efforts. We cannot warrant that the Site will be available at all times or at any given time.

Exclusion of competitors

You will not use our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.

Limitation of liability

We will not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with these terms of use or your use of this website.

Indemnity

You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the law.

Jurisdiction

If a dispute arises regarding these Terms, the laws of Queensland, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Termination

We may stop providing this website or any of our services at any time and without notice.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the dispute cannot be resolved within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If any part of these Terms is found to be invalid, illegal, or unenforceable, it will not affect any other provision of these Terms. Rather, the invalid, illegal, or unenforceable provision shall be deemed severed from these Terms, and these Terms shall be enforced as if these Terms did not contain the invalid, illegal, or unenforceable provision.

How to contact us

If you have any other questions, please don’t hesitate to contact us.

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