This User Agreement (“Agreement”) shall be binding upon Atrios LLC (“Atrios”) and any user who subscribes to MyAtrios or downloads any Atrios Toolkit, article, video, audio, or other digital download or work (“the Work”) from the MyAtrios.com website (“Atrios User”). The use of services, subscriptions and downloads from Atrios constitutes agreement to be bound by the terms and conditions of this Agreement. If an Atrios User does not agree to abide by this Agreement, they shall follow the terms under Section 8 below.
1. Account Setup / Email on file.
Atrios will setup user accounts after receipt of all required account information, payment receipt verification and the conclusion of all order and fraud screening processes. Providing false contact information of any kind may result in the termination of an Atrios User’s account.
2. Content / Services.
All services provided by Atrios may only be used for lawful purposes. The laws of the State of DELAWARE, and the United States of America apply. Use of Atrios’ services or Work to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of articles, photographs, audio or videos, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of Atrios User’s account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from Atrios hosting.
Atrios’ services, including all related equipment, networks and network devices are provided only for authorized customer use. Atrios’ systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Atrios’ system(s) constitutes consent to monitoring for these purposes.
Atrios reserves the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
3. Payment Information.
Atrios User agrees to supply appropriate payment for the services received from Atrios, in advance of the time period during which such services are provided. Atrios Users agree that until and unless they notify Atrios of their desire to cancel any or all services received within 30 days of payment, those services will be billed on an annual basis.
Cancellations of MyAtrios subscriptions by Atrios Users must be done in writing via email to: [email protected] Once Atrios receives the cancellation email and has confirmed all necessary information, Atrios will inform Atrios User in writing (typically email) that their account has been canceled. Atrios reserves the right to cancel the account at any time with or without notice.
The information contained within the MyAtrios.com website and Work is provided for informational purposes only and should not be construed as legal, financial or other advice on any subject matter. Although the MyAtrios.com website and Work contain information provided in part by licensed attorneys, Certified Public Accountants and other community association industry professionals, the website and Work are not intended to replace competent and qualified legal, financial, tax or other professional advice or counsel. No recipient of content or products from this website, paid subscribers or otherwise, should act or refrain from acting on the basis of any content included within the site or its products without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney, CPA or other professional licensed in the recipient’s state. This website and its Work contain general information and may not reflect current legal or industry developments, laws or practices within a particular state or jurisdiction. Atrios and MyAtrios.com expressly disclaim all liability with respect to actions taken or not taken based on any or all the contents, information and products of this website.
The Atrios User agrees to indemnify, defend and hold harmless Atrios and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, “Indemnitees”) from and against all claims, expenses (including attorney’s fees) or other liability arising from the Atrios User’s breach of any of his or her representations, warranties or obligations under this Agreement, and from any and all uses of the MyAtrios.com website or Work, including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light,” right of publicity or blurring or distortion or alteration whether or not intentional, and negligence. Atrios shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by the Atrios User with counsel of its own choosing. The Atrios User shall fully cooperate with Atrios in the defense of any such claim, action or matter.
7. Limitations and Lack of Warranties.
The Atrios User agrees that neither Atrios nor its affiliates, nor any of their respective members, officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than the Atrios User), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use or non-use of the MyAtrios.com website or Work, even if such parties have been advised, or advised of the possibility, of such damages.
The Atrios User acknowledges and agrees that Atrios and/or its licensor retains all rights, title and interest in and to the Work (except for the rights granted pursuant to this Agreement), and that neither title nor any ownership interest in or to the Work is transferred to the Atrios User by virtue of this Agreement.
The Atrios User acknowledges that Atrios generally does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some Works. The procuring of such releases is the responsibility of the Atrios User.
The Atrios User acknowledges that Atrios generally does not have releases from intellectually property owners, manufacturers or designers of commercial products that are depicted in some Works.
INFORMATION PROVIDED FROM THE MYATRIOS.COM WEBSITE AND IN THE WORK IS PROVIDED "AS IS." Atrios and MyAtrios.com make no warranties of any kind whatsoever, expressed or implied, for services or products we provide, including, but not limited to, warranty or merchantability or fitness for a particular purpose. This disclaimer of all warranties also includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Atrios or MyAtrios.com.
Atrios and MyAtrios.com shall not be responsible for any damages ATRIOS USER or their business entities may suffer RESULTING FROM USE OF MYATRIOS.COM OR DOWNLOAD OF ANY WORK.
Reproduction, distribution, republication, and/or retransmission of material contained within the Atrios website is strictly prohibited unless the prior written permission of Atrios has been obtained.
In addition to the representations and warranties made by the Atrios User herein, both Atrios and the Atrios User hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.
10. Term and Termination.
This Agreement shall continue in perpetuity as long as the Atrios User possesses or uses any Work or information obtained from the MyAtrios.com website. Atrios may at any time terminate this Agreement in the event of any breach by the Atrios User of any of his or her representations, warranties or obligations under this Agreement. The Atrios User may at any time terminate this Agreement through written notice to: [email protected] Atrios shall also have the right, in its sole discretion, to deny the downloading of any Work from the MyAtrios.com website. Upon termination of this Agreement, the Atrios User shall immediately cease using such Work, destroy, or upon the request of Atrios return the Work to Atrios, delete or remove the Work from its premises, computer systems and storage (electronic and physical), and shall ensure that its affiliates, associations, companies, clients and customers do likewise. At Atrios’ request, the Atrios User shall certify in writing to such destruction of the Work, derivative works and/or related materials. Termination of this Agreement shall not relieve the Atrios User from any payment obligations that may have arisen prior to such termination. The provisions of Paragraphs 5, 6, 7, 8, 9, 11 and 12 shall survive the termination of this Agreement.
In the event a dispute arises between the parties to this Agreement, it is hereby agreed that the dispute shall be referred to arbitration in accordance with rules promulgated by the American Arbitration Association. A single arbitrator shall be utilized and the arbitration shall occur in Seattle, Washington. The arbitrator's decision shall be final, non-appealable and legally binding. The arbitrator’s ruling may be reduced to Judgment and entered in Delaware Court of Chancery.
The arbitrator shall award all reasonable costs and attorney’s fees to the prevailing party.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION IN THIS SECTION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.
The relationship between Atrios and the Atrios User under this Agreement is not one of joint ventures, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner outside the requirements of this Agreement.
Any information posted on this website is not secure and not confidential. The transmission of the website, in part or in whole, and/or any communication with us via Internet e-mail or postings through this site does not constitute or create any professional relationship, such as attorney-client, financial advisor-client, or any other professional relationship.
The Atrios User agrees that he or she shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with this Agreement.
No waiver on the part of Atrios to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Atrios to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
This Agreement shall be inure to the benefit of, and be binding upon, Atrios and the Atrios User, and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Atrios and the Atrios User, and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other.
If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect.
The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.
13. How To Contact Us.
Should you have other questions or concerns about these terms, please send us an email to: [email protected]