Terms & Conditions

Last Updated September 17, 2023

Welcome to Atom Services! Atom Services, referred to as “Atom” henceforth, offers a range of valuable services in the field of publishing. These services encompass access to our website, third-party products, and various offerings, all available to you when you visit or engage with our platform, including but not limited to www.atomservices.com, utilize Atom products or services, access Atom applications on mobile devices, or use software provided by Atom in connection with any of the aforementioned activities (collectively referred to as “Atom Services”). The use of Atom Services is subject to the terms and conditions outlined below.

Agreeing to These Terms & Conditions

At Atom, we cater to the diverse needs of individuals looking to both contribute and acquire content. Many of these Terms and Conditions apply to both content seekers and content providers. However, it’s important to note that the responsibilities of individuals purchasing content and suppliers providing content may vary. In cases where these Terms and Conditions conflict with specific Service Terms, the Service Terms will take precedence. IMPORTANT – PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE & SALE (REFERRED TO AS “TERMS”) BEFORE ACCESSING, USING, SUBSCRIBING, OR PLACING AN ORDER ON WWW.ATOMSERVICES.COM OR ANY OF OUR OTHER SITES OR ONLINE RESOURCES LINKED TO THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. THESE PROVISIONS WAIVE YOUR RIGHT TO A COURT HEARING, JURY TRIAL, AND PARTICIPATION IN A CLASS ACTION LAWSUIT (REFER TO SECTIONS 9, 19, 20, AND 21). ARBITRATION IS MANDATORY AND CONSTITUTES THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES, UNLESS OTHERWISE SPECIFIED IN SECTION 21. THESE TERMS FORM THE FOUNDATION OF OUR AGREEMENT.

General Use

The use of Atom or any other websites or online resources linked to these Terms (collectively referred to as a “Website”), owned and operated by Atom Services LLC (“Atom”, “we,” “our,” “us”), is subject to these Terms. We extend the Website, inclusive of all information, tools, and services it provides, to you, the user, under the condition of your full acceptance of these stated terms and conditions. By accessing, using, subscribing, or placing an order through the Website, you, along with your business (including any sub-users), affirm your commitment to abide by these terms and conditions. If you do not fully agree to these Terms, you are not authorized to use the Website in any manner or form whatsoever. **THIS CONSTITUTES A BINDING AGREEMENT. THESE TERMS, TOGETHER WITH OUR PRIVACY STATEMENT, ESTABLISH A LEGALLY BINDING AGREEMENT (REFERRED TO AS “AGREEMENT”) BETWEEN YOU, YOUR BUSINESS (“YOU”), AND ATOM. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USAGE OF THE WEBSITE, THE SERVICES PROVIDED BY ATOM, ANY ORDER PLACED VIA THE WEBSITE, TELEPHONE, OR ANY OTHER ACCEPTED METHOD OF PURCHASE, AND, WHERE APPLICABLE, YOUR USAGE OR ATTEMPTED USAGE OF THE PRODUCTS OR SERVICES OFFERED ON OR ACCESSIBLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. Atom reserves the right to periodically update and revise these Terms, as well as any documents incorporated by reference, by posting updates and/or changes on our Website. It is your responsibility to periodically review this page for modifications. The most current version of these Terms can be found here. Your continued use of the Website following any such changes constitutes your acceptance of those changes. Any new features or tools introduced on the existing Website will also be subject to these Terms. Table of Contents
  1. Use of the Website
  2. User Conduct, Restriction and License Terms
  3. Our Privacy Statement and Your Personal Information
  4. Order Placement and Acceptance
  5. Refunds
  6. Subscription Terms and Automatic Payment
  7. Products, Services, and Prices
  8. Ownership
  9. Disclaimer – Your Individual Results Will Vary
  10. Your Responsibilities in Running Your Business
  11. Testimonials, Reviews, and Pictures/Videos
  12. Right of Publicity Grant
  13. No Obligations to the Actions of Third Party
  14. Scope of Work
  15. No Obligations to Review and Ratings
  16. No Obligations to Abnormal Activities and Violation of Amazon Terms
  17. No Obligation on adding more books yourself or through Third Party
  18. Compliance with Laws and Commitment Against Harassment
  19. Disclaimer of other warranties
  20. Limitations of Liabilities
  21. Dispute Resolution by mandatory binding arbitration and class action waiver
  22. Atom Services’ Additional Remedies
  23. Indemnification
  24. Third party links
  25. Termination
  26. No Waiver
  27. Governing Law and Venue
  28. Force Majeure
  29. Assignment
  30. Electronic Signature
  31. Changes to the Agreement
  32. Your Additional Representation and Warranties
  33. Severability
  34. Entire Agreement
  35. Contacting Us
SECTION 1 – Use of the Website The Atom Services website is intended for use by adults operating businesses. By using the website, you confirm that you are at least 18 years old or of legal age as required by your state or province of residence (whichever is greater), that you operate a business, possess the legal capacity to enter into a binding contract with us, and have read and comprehended this Agreement and agree to its terms. SECTION 2 – User Conduct, Restrictions, and License Terms All components of our website are protected by U.S. and international copyright, trademark, and other intellectual property laws. This protection extends to all content, including information, design elements, text, logos, taglines, images, testimonials, icons, videos, audio clips, and downloads. No material from the website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any manner. The trademarks and logos associated with Atom Services are proprietary and strictly prohibited from use. You do not gain ownership rights in any material protected by intellectual property laws. Subject to your strict adherence to all Terms, Atom Services grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the website. You acknowledge that you do not acquire any ownership rights in any material protected by intellectual property laws. You agree not to use the website or any Atom Services software in an unlawful or harmful manner. You further agree not to engage in harmful or unlawful actions through the website or by using any software or hardware, including refraining from: HARMFUL ACTS: This includes dishonest or unethical practices, violations of the law, harming Atom Services’ reputation, hacking or attacks on the website, unauthorized copying of website content, introducing malicious code, interfering with website security, framing or mirroring the website, competitive intelligence gathering, and infringing on intellectual property rights. SPAMMING AND UNSOLICITED COMMUNICATIONS: Atom Services has a zero-tolerance policy for spam and unsolicited communications. Any communications reasonably deemed as spam or unsolicited solicitations, including postings on social media or third-party blogs, will be considered a material threat to Atom Services’ reputation and the rights of third parties. OFFENSIVE COMMUNICATIONS: Any communication sent, posted, or authorized by you that is sexually explicit, obscene, vulgar, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory, graphically violent, or soliciting unlawful behavior is prohibited. SENSITIVE INFORMATION: You may not import or incorporate sensitive information, including but not limited to social security numbers, credit card data, passwords, bank account numbers, or personal, health, or financial information, into any content you upload to the Atom Services website or related electronic services. SECTION 3 – Our Privacy Statement and Your Personal Information We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Atom Services website is governed by our Privacy Statement. If you or your end users are located in the European Union or the United Kingdom, additional regulations may apply. Our Privacy Statement can be viewed here. Atom Services reserves the right to modify its Privacy Statement at its discretion. Our Privacy Statement is incorporated into this Agreement by reference. SECTION 4 – Order Placement and Acceptance To order a service or product, payment must be received before your order is accepted. We may require additional information if any required details are missing or inaccurate and may cancel or limit an order at any time after placement. Order confirmation, whether electronic or in another form, does not indicate acceptance of your order. You must contact us immediately to modify or cancel a pending order. We cannot guarantee that we will be able to amend your order as requested. Availability of items is subject to change. We will inform you of any unavailability, the expected availability date, and may offer alternative products or services. We reserve the right to limit sales to specific individuals, regions, or jurisdictions at our discretion. Your purchase order is conditional upon your reaffirmation of acceptance of this Agreement. All prices are in U.S. Dollars, and all payments must be made in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover. When placing an order online, you will need: Billing address Card number and expiration date Three (3) or four (4) digit card code (CVV2 code) By submitting payment information, you represent and agree that you are authorized to use the card or account, will pay all subscription payments by the due date, provided complete and accurate payment information, accept responsibility for any credit card fees, and have sufficient funds for payment. We and our third-party payment service providers may request and receive updated credit card information from your card issuer when your card expires. If updated information is provided, we will update your account accordingly and use it for subscription payments. You may have the option to opt out of this service through your card issuer. We are not responsible for any fees or charges applied by your bank or card issuer. If a charge is reversed by your bank or card issuer, we may bill you directly and seek payment through an alternative method, including mailed statements. SECTION 5 – Refunds Certain products and services allow you to cancel within ten (10) business days of your initial payment. After this period, refunds are at the discretion of the company. If a cancellation is approved, a 5% cancellation charge may apply. Please contact info@atomservices.org for inquiries regarding cancellations or refund requests. If this section will clash with our Refund Policy then our Refund Policy will prevail, but the following sections of this clause remain active in any case.

Resolution of Charges

While the company desires to make every Client happy, it understands not everyone will find satisfaction in their experience. For this purpose, you agree to contact us before you attempt to file any dispute or chargeback with your bank or credit card. We will report a dispute without factual basis as fraud, and we reserve the right to send such claims to collections or in some cases we may bring suit. You may reach customer support about concerns at any time by emailing them at info@atomservices.org.

Fair Usage Policy

By using any services, material, content, training or products provided by Atom Services, you agree to our fair usage policy which states that if at any time it is determined that you are taking unfair advantage of our offerings, being abusive to staff, or engaging in activity deemed illegal or unethical, you may be removed from our programs without any compensation or refund. SECTION 6 – Subscription Terms & Automatic Payment A user of Amazon Kindle Marketing Plan of Atom Services is responsible for the timely payment of all fees associated with their monthly subscription, as outlined in these Terms. The initial fee becomes due upon the setup of the user’s account. Payment of the monthly subscription fee is mandatory for continued access, either following the conclusion of a free trial period or if the automatic subscription renewal has not been canceled. On a monthly basis, your account will be billed for the subscription fee, including applicable taxes for the upcoming month’s subscription, along with any outstanding charges from the previous period, collectively referred to as “Fees.” It’s important to note that a user’s failure to utilize any of the services available through Atom Services does not exempt them from their financial obligations as per these Terms. Users have the option to make payments using either a credit card or a debit card. Payment details will be securely collected through our financial data collection mechanism. You acknowledge and consent to our retention of transaction data, including the last four digits and expiration date of the card used for purchases, as well as payment due dates. Furthermore, you acknowledge and agree that payments will recur in accordance with the specific payment terms of the service purchased, unless the subscription is canceled in accordance with these Terms. This includes authorization for automatic payment collection, such as monthly deductions for a predetermined amount. To cancel your Atom Services subscription, whether it’s for services or monthly subscriptions, you must submit a cancellation request via our support email address at info@atomservices.org. For monthly subscriptions (including services), we require a minimum of ten (10) days’ notice for cancellation via email. Should you provide notice less than ten (10) days before the start of your next subscription month, it will apply to the subsequent month. Atom Services reserves the right to terminate a user’s account and/or service immediately for any unpaid portion of the subscription, with or without prior notice. Termination does not absolve the user of any outstanding charges or expenses. If Atom Services initiates any collection procedures, you will be responsible for all associated collection costs, including legal fees and expenses, as specified in Section 23 below. Additionally, aside from the Fees, Atom Services may apply relevant value-added or other taxes as required. SECTION 7 – Products, Services, and Prices Products, services, and prices are typically listed on our website at the following URL: atomservices.com. Please note that they are subject to change without prior notice. Atom Services reserves the right to discontinue or modify products, services, specifications, and prices without incurring any obligations. Any changes in prices related to your subscription or product/service purchases will be effective following email notification to you. Price adjustments take effect on the first day of the month following the posted change. By accessing, using, subscribing, or placing an order via our website, you grant Atom Services permission to charge your account based on the indicated service value, including any future price modifications. Should you request a service downgrade, the change (and corresponding price reduction) will become effective on the first day of the subsequent month following your request. By continuing to use Atom Services, and unless you terminate your subscription as outlined herein, you consent to our monthly charges for the selected products and services. You also acknowledge and agree that any price changes for these services, following email notice, are acceptable. Atom Services takes reasonable measures to ensure that the prices displayed on our website are accurate and that the items’ descriptions are reliable. If, however, the correct price of a product is higher than the stated price, we will either contact you for further instructions or cancel your order and notify you accordingly. Please be aware that while placing orders for products or services, we do not guarantee the accuracy, completeness, currency, or error-free nature of product or service descriptions. All sales are considered final, except as stated otherwise. Atom Services’ references to products or services not owned by us are not endorsements or warranties of those products or services. SECTION 8 – Ownership Atom Services understands and agrees that all rights, titles and interests in the work through Publishers Starter Plan and Publishers Pro Plan is owned and controlled and commissioned by you. SECTION 9 – Disclaimer – Your Individual Results Will Vary Every online business is unique, employing distinct strategies, structures, and offerings. As a result, individual outcomes may differ. YOUR BUSINESS’ RESULTS MAY VARY BASED ON FACTORS SPECIFIC TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO CONTENT, BUSINESS MODEL, AND PRODUCT/SERVICE OFFERINGS. Atom Services does not guarantee your business’ success, income, or sales. We do not provide sales leads or referrals to your business. While businesses purchasing our products or services, we do not ensure your business’ success due to uncontrollable market factors. Moreover, we do not make earnings claims, effort claims, return on investment claims, or guarantees that our offerings will generate a specific income and it is possible that you will not earn your investment back. We do not sell “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. In lieu of, purchase our products or services with the understanding that any business may require time and effort and return on investment is dependent on various market factors. We do not offer tax, accounting, financial, or legal advice; consult your accountant, attorney, or financial advisor for guidance on these matters. SECTION 10 – Your Responsibilities in Running Your Business You affirm that you operate a lawful and legitimate business. There are no ongoing or pending government investigations or prosecutions against you or your business. You commit to using Atom Services’ products and services for lawful purposes and not for unlawful or harmful activities, whether independently or in conjunction with other software, hardware, or services. You are solely responsible for adhering to all applicable laws and regulations governing your business, including those related to advertising, marketing claims, subscriptions, refunds, premium offers, and tax laws, as well as any other laws pertinent to your business. Should any investigation or lawsuit be threatened or filed against you, you agree to promptly inform Atom Services, giving us the right to terminate this Agreement without liability. Atom Services will not be held liable for your violations of any laws. You are exclusively responsible for collecting and reporting all applicable sales and use taxes and other taxes related to your business’ product or service sales. Atom Services is not responsible for collecting or reporting any taxes applicable to your business. You further agree to indemnify Atom Services as outlined below in the event of your violation of any law and any resulting claims made against Atom Services. SECTION 11 – Testimonials, Reviews, and Pictures/Videos Atom Services appreciates feedback from users and customers and welcomes comments regarding our services and products. We may use testimonials and product reviews, partly or wholly, along with the submitter’s name, city, and state. These testimonials may be used in various contexts related to Atom Services’ products and services, both in print and online media, as determined by Atom Services at its sole discretion. Testimonials represent the unique experiences of the participants and customers who submit them and may not reflect your own experience. Please be aware that any testimonials, photographs, or other information you provide to us will be treated as non-confidential and non-proprietary. By submitting these materials, you grant Atom Services a royalty-free, worldwide, perpetual, nonexclusive, and irrevocable license to use them. Additionally, Atom Services reserves the right to correct grammatical and typographical errors and shorten testimonials before publication. We are not obligated to use any submitted testimonials or product reviews. You may post reviews, comments, photos, videos, and other content, provided that such content is legal, non-obscene, non-threatening, non-defamatory, non-invasive of privacy, non-infringing on intellectual property rights, and does not violate any third-party rights. Content should not consist of software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead about the origin of content. While Atom Services reserves the right to remove or edit such content, we do not routinely review posted content. By posting content or submitting materials, you grant Atom Services a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content worldwide in any media. You also grant Atom Services and its sublicensees the right to use your name in connection with such content if they choose. You affirm that you own or control all rights to the content you post, that the content is accurate, does not violate this policy, and will not harm any person or entity. You further agree to indemnify Atom Services for all claims arising from content you supply. Atom Services has the right but not the obligation to monitor and edit or remove any activity or content. We assume no liability for any content posted by you or any third party. SECTION 12 – Right of Publicity Grant You agree that Atom Services will have the right to use your name, likeness, biographical information, book details in marketing for the book in any media without time or use restrictions. You will, promptly on request, provide Atom Services an image and brief written biography suitable for use by Atom Services in the promotion of the book. SECTION 13 – No Obligation to Actions of Third Party Nothing in this Agreement will make Atom Services responsible for any kind of change of policy and actions of third party. If you have reservations on this then you have the absolute right to elect not to use our Services. SECTION 14 – Scope of Work You agrees that anything increased from the original scope of work of the plan you bought, like illustrations, Word Count, Pages, No. of Books, Translations, and any other services will be charged as per the actual pricing of the particular service. (Other than the agreement/project cost), and separate invoice will be shared with you for payment of such services. SECTION 15 – No Obligations to Reviews & Ratings Nothing in this agreement will make Atom Services responsible for any kind of Good or Bad Reviews and Ratings from the reader or buyer. It is the choice of the reader or consumer. If Right Holder has reservations on this, then the Rights Holder has the absolute right not to use the services of Atom Services. SECTION 16 – No Obligation to Abnormal Activities or Violation of Amazon Terms As a service provider, Atom Services is not responsible for any account termination or suspension, if the owner of the Account is involved in doing abnormal or illegal activities on Amazon like Fake Reviews or Ratings, and Using BOTs to have KENP Page Readings to earn Royalties. SECTION 17 – No Obligation on Adding more Books to Amazon KDP Account Yourself or through 3rd party Platforms You understand that adding more Books to Amazon KDP Account Yourself or Using 3rd Party platforms, like Upwork, Fiverr or any other freelancing platforms to buy, purchase new books other than ours, Atom Services is not responsible if the account got terminated or suspended due to:-
  • Copyright Issues
  • Plagiarism
  • Content Issues
  • AI Generated Content
SECTION 18 – Compliance with Laws and Commitment Against Harassment As a valued user of Atom Services, you are required to adhere to all applicable laws, both in the United States and internationally. This includes but is not limited to laws governing truthful advertising and marketing, email marketing regulations (including compliance with the federal CAN-SPAM Act, 15 U.S.C. § 7701), telemarketing rules (including compliance with the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Federal Trade Commission’s Telemarketing Sales Rule, 16 C.F.R. § 310), guidelines regarding testimonials (including compliance with the Federal Trade Commission’s Revised Endorsements and Testimonials Guides, 16 CFR Part 255), intellectual property rights, privacy, security, anti-terrorism measures, anti-corruption laws, child protection, and import/export regulations. You bear the sole responsibility for ensuring full compliance with all relevant laws, regulations, and court orders of any jurisdiction that may apply to your business operations. It is incumbent upon you to be well-informed, comprehend, and maintain compliance with these laws and ensure that both you and all users of your Atom Services account adhere to them at all times. If you utilize any messaging software, or any other messaging system, or employ software or hardware provided by you or a third-party, it is incumbent upon you to adhere to all applicable laws pertaining to message transmission, including, but not limited to, the federal Telephone Consumer Protection Act. Furthermore, you are obliged to indemnify and defend Atom Services from any claims, damages, losses, or lawsuits, arising from your violation of the law or the infringement of third-party rights through the use or misuse of messaging software or hardware, whether supplied by Atom Services or otherwise. You also acknowledge that Atom Services has no control over the functionality or failures of third-party software, such as Facebook, Facebook Messenger, and internet browser notifications. Atom Services does not guarantee compatibility between Atom Services messaging software and any third-party software. You assume sole and exclusive responsibility for the utilization of any and all messaging software and/or hardware.

COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS

When using Atom Services, either independently or in conjunction with other software or hardware, you are strictly prohibited from engaging in the following activities: Storing, distributing, or transmitting malware or any other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. Committing, promoting, aiding, or abetting any behavior that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. SECTION 19 – Disclaimers of Other Warranties UNLESS OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW: THE ATOM SERVICES WEBSITE AND ALL CONTENT PROVIDED THEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN CONJUNCTION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED OR (F) THE WEBSITE OR THE SERVER(S) MAKING THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SECTION 20 – Limitations of Liabilities EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL  ATOM SERVICES OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,  INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE  LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE,  OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED  TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A  THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR  PRODUCT, REGARDLESS OF WHETHER ATOM SERVICES HAS HAD NOTICE OF THE POSSIBILITY  OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. SECTION 21 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. If you have a complaint, dispute, or controversy, you agree to first contact us at info@atomservices.org to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such an informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language within the United States Jurisdiction unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Atom Services. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Atom Services agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Atom Services expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above). This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. This provision survives termination of your account or relationship with Atom Services, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION. SECTION 22– Atom Services’ Additional Remedies In order to prevent or limit irreparable injury to Atom Services, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Atom Services or a third-party, Atom Services shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Florida restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Atom Services from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing St. Petersburg, Florida for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. SECTION 23 – Indemnification To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Atom Services, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers,  affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities,  damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party. SECTION 24 – THIRD-PARTY LINKS The Website may contain links to other websites. The views, information or opinions expressed on or during any Atom Services or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of Atom Services or either of its parent companies. Further, Atom Services is not responsible for and does not verify the accuracy of any of the information contained in any atomservices.com or content. The primary purpose of these resources is to educate, inspire and inform. Some authors’ or contributors’ content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. Atom Services assumes no responsibility for the content or functionality of any non-Atom Services website to which we provide a link. Please see our Privacy Statement for more details. SECTION 25 – Termination This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT  NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I  AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment,  and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Atom Services website or otherwise, we may terminate the Agreement or suspend your access to the services at any time without notice to you. Sections 9, 23 through 34 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Atom Services. Upon termination, you remain responsible for any outstanding payments to Atom Services. SECTION 26 – No Waiver No failure or delay on the part of Atom Services in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Atom Services. SECTION 27 – Governing Law and Venue This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Atom Services, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Florida without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator  or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 22 above,  the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Florida, and you hereby irrevocably consent to the exclusive personal  jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis. SECTION 28 – Force Majeure Atom Services will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control. SECTION 29 – Assignment Atom Services may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Atom Services (or its assigns’) express written consent. SECTION 30 – Electronic Signature All information communicated on the Website is considered an electronic communication. When you communicate with Atom Services through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. SECTION 31 – Changes To The Agreement You can review the most current version of the Terms at any time here. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement located at Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes. SECTION 32 – Your Additional Representations and Warranties You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Atom Services has the right to rely upon all information provided to Atom Services by you, and Atom Services may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website. You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Atom Services of the same within 24 hours. Atom Services, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Atom Services without incurring any obligation or liability to you. SECTION 33 – Severability If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement. SECTION 34 – Entire Agreement These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Atom Services and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Atom Services. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party. SECTION 35 – Contacting Us We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to info@atomservices.org. If you have any questions or inquiries concerning any of the Terms, you may contact Atom Services by email at info@atomservices.org.