PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://atriumacademics.com (the “Website”), Atrium Academics LLC, (“Atrium Academics LLC”). This Agreement includes, and incorporates by reference, all the policies and guidelines provided by Atrium Academics LLC. Atrium Academics LLC reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Atrium Academics LLC will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Atrium Academics LLC encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Atrium Academics LLC for services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
I. SERVICES
Terms of Offer. This Website offers academic coaching services, academic tutoring services, and academic classes both in person and online. By using this Website, you agree to the terms set forth in this Agreement.
Proprietary Rights. Atrium Academics LLC has proprietary rights and trade secrets in any materials provided. You may not copy, reproduce, resell or redistribute any materials created and/or distributed by Atrium Academics LLC. Atrium Academics LLC also has rights to all trademarks and specific layouts of this webpage, including calls to action, text placement, images and other information.
II. WEBSITE
Use of Website. Atrium Academics LLC is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License. By using this Website, you are granted a limited, non-exclusive, non- transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Atrium Academics LLC or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Atrium Academics LLC a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Atrium Academics LLC does not have the ability to control the nature of the user-generated content offered through the Website.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATRIUM ACADEMICS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUTNOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ATRIUM ACADEMICS LLC MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES PROVIDED.
REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
IV. LIMITATION OF LIABILITY
ATRIUM ACADEMICS LLC ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID.
ATRIUM ACADEMICS LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES; (3) ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONSENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Atrium Academics LLC, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services;
(4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Atrium Academics LLC. When Atrium Academics LLC is threatened with suit or sued by a third party, Atrium Academics LLC may seek written assurances from you concerning your promise to indemnify Atrium Academics LLC; your failure to provide such assurances may be considered by Atrium Academics LLC to be a material breach of this Agreement. Atrium Academics LLC will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Atrium Academics LLC choice at its expense. Atrium Academics LLC will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Atrium Academics LLC against any claim, but you must receive Atrium Academics LLC prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.
VI. PRIVACY
Atrium Academics LLC believes strongly in protecting user privacy and providing you with notice of its use of data. Please refer to Atrium Academics LLC privacy policy, incorporated by reference herein, that is posted on the Website.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure. Atrium Academics LLC will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Atrium Academics LLC may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and provision of the Services.
Entire Agreement. This Agreement and all other agreements between you and Atrium Academics LLC incorporated by reference supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Atrium Academics LLC to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law. Jurisdiction. This Website originates from Danville, California. This Agreement will be governed by the laws of the State of California without regard to its conflict of law principles to the contrary. Neither you nor Atrium Academics LLC will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of California. By using this Website or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services per this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Atrium Academics LLC reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Atrium Academics LLC may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, Atrium Academics LLC reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Atrium Academics LLC chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Atrium Academics LLC makes no representation that the Website or Services are appropriate or available for use in locations outside the United States. Users who access the Website from outside the United States do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Atrium Academics LLC may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
