Terms of Service
Updated May 1, 2020.
This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of Atomic Money’s websites, services, and mobile app (collectively, the “Service”), each owned and operated by Atomic Money. (“Atomic Money”, “we”, “our” or “us”).
Use of any of the Services is subject to the following rules. You agree that you will not do any of the following:
- Use, support or develop bots, scrapers, software, scripts, crawlers, browser plugins, robots or other automated methods including human-powered automation through like farming or any other crowd-sourced methods to access, scrape, or copy the Services, or to add or download data, or send or redirect information or messages;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that we have not made open source;
- Rent, lease, loan, trade, sell or otherwise monetize the Services or related data or access to the same, without our express written consent;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Post anything that contains software viruses, worms, or any other harmful code;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
- Override any security feature or bypass or circumvent any access controls or limits of the Services;
- Create a false identity, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account; or
- Violate our intellectual property rights or the intellectual property rights of others.
Third Party Websites and Content
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Atomic Money links, and that link to Atomic Money. Atomic Money does not have any control over those non-Atomic Money websites and webpages, and is not responsible for their contents or their use. By linking to a non-Atomic Money website or webpage, Atomic Money does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. Atomic Money disclaims any responsibility for any harm resulting from your use of non-Atomic Money websites and webpages.
All material available on the Service and all material and services provided by or through Atomic Money, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
If Atomic Money, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then Atomic Money may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. Atomic Money has no liability to you for suspending the Service under this provision.
This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Atomic Money related to the Service or Atomic Money or its business (“Feedback”) are and will be Atomic Money’s exclusive property without any compensation or other consideration payable to you by Atomic Money, and you do so of your own free will and volition. Atomic Money may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Atomic Money may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to Atomic Money in any Feedback and, as applicable, waive any moral rights.
Atomic Money retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that Atomic Money may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content.
Atomic Money reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. Atomic Money may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
Atomic Money may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Terms or your Account (if you have one), you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Unless otherwise stated, Atomic Money and/or its licensors own the intellectual property rights for all material on Atomic Money App. All intellectual property rights are reserved. You may access this from Atomic Money App for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Atomic Money App
- Sell, rent or sub-license material from Atomic Money App
- Reproduce, duplicate or copy material from Atomic Money App
- Redistribute content from Atomic Money App
This Agreement shall begin on the date hereof.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Atomic Money App; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an email to Atomic Money App. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 3-4 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Atomic Money's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Limitation of Liability
You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will Atomic Money or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if Atomic Money has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. Atomic Money’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to Atomic Money in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, Atomic Money’s liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, Atomic Money will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to Atomic Money or through the Service. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.
The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than Atomic Money and received by you through or advertised on the Service or received by you on any third party sites. You also agree that Atomic Money will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service. With respect to any dispute arising out of or related to the Service and/or the Terms: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute. You agree that you will not bring a claim under or related to the Terms more than one (1) year from when your claim first arose.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. Atomic Money expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.