1. Terms & Conditions
THIS IS A BINDING CONTRACT, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“Terms” or this “Agreement”) CAREFULLY BEFORE USING THIS WEBSITE BECAUSE THE TERMS LIMIT YOUR RIGHTS. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these Terms, please do not use this site.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ATLAS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
As used herein, “Atlas” “us” or “we” shall mean Atlas RFID Solutions Store, LLC. “You” “your” and “customer” shall mean every person or entity using this website or purchasing products from Atlas. You and Atlas are referred to herein, individually, as a “party” and, collectively, as “parties.” “Materials” shall mean all information or content provided or made available by Atlas, whether in the form of product descriptions, user manuals, videos, or otherwise. “Products” means any goods or services made available by Atlas.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Atlas. The collective work includes works that are licensed to Atlas. Copyright 2019-2022, Atlas ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Atlas or purchasing Atlas products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Atlas or to purchase Atlas products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by Atlas. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks, and trade names of Atlas used in the site are trademarks or registered trademarks of Atlas.
4. Warranty Disclaimer
THIS SITE AND THE MATERIALS AND ALL PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATLAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (whether implied by law, course of dealing, course of performance, usage of trade or otherwise) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Atlas does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Atlas does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Without limiting the foregoing, to the extent a product is manufactured by a third-party, such products may be covered by the manufacturer’s warranty as detailed in the product’s description on the site and/or included in the product’s packaging. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty. YOU AFFIRM THAT ATLAS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURE’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
5. Limitation of Liability
Atlas shall not be liable for any special, punitive, exemplary, enhanced, indirect, incidental, lost profits or revenues or diminution in value, or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, regardless of (i) whether such damages were foreseeable, (ii) whether or not Atlas was advised of the possibility of such damages, and (iii) the legal or equitable theory (contract, tort or otherwise) upon which the claim related to such damages is based.
Atlas’s sole and exclusive liability for any damages, losses, claims, or other liabilities of any kind shall be to replace any defective products or, if such replacement is not possible, a refund of the purchase price of such defective products.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6. Shipments; Delivery; Title and Risk of Loss
Atlas will arrange for shipment of the products to you according to the shipping options you select on the site. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
7. Returns and Refunds
Atlas shall have no obligation to provide any refunds or to provide for any returns of any products except to the extent in accord with Atlas’s Return Policy available at this link: https://www.atlasrfidstore.com/return-policy/. For defective products, please refer to Section 4.
8. Force Majeure
Atlas will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemics lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Typographical Errors
In the event that an Atlas product is mistakenly listed at an incorrect price, Atlas reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Atlas reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Atlas shall issue a credit to your credit card account in the amount of the incorrect price.
10. Term; Termination
These Terms are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms, or any part of them, may be amended or terminated by Atlas without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution and Binding Arbitration, and Miscellaneous, shall survive any termination.
Atlas may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Atlas.
Your use of this site shall be governed in all respects by the laws of the state of Alabama, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase products) must be commenced within six (6) months after the claim or cause of action arises and thereafter shall be deemed to have been waived and released. Atlas's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. These Terms may be modified at any time by Atlas without notice to you, and such modifications will be effective immediately upon being posted to this site. If any provision of these Terms is held by an arbitrator (according to Section 13) to be invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
13. Dispute Resolution and Binding Arbitration
YOU AND ATLAS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE (a “DISPUTE”) SHALL BE SUBMITTED TO MANDATORY, FINAL AND BINDING ARBITRATION AS DESCRIBED BELOW.
The arbitration will be submitted to and administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules then in effect.
There shall be one arbitrator, who will be agreed to by the parties within 30 days of receipt by respondent of a copy of the demand for arbitration. If the parties cannot agree on an arbitrator within the time period specified then, at the request of either party, such arbitrator shall be appointed by the AAA. The language of the arbitration shall be English. The place of the arbitration shall be Birmingham, Alabama, U.S.A. The arbitrator shall be an attorney licensed in Alabama with at least ten (10) years of experience.
The arbitration shall be the sole and exclusive forum for resolution of any Dispute, and the award shall be in writing, state the reasons for the award and be final and binding. Judgment thereon may be entered in any court of competent jurisdiction.
By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment, or other order in aid of arbitration proceedings and the enforcement of any award. Without prejudice to such provisional remedies as may be available under the jurisdiction of a court, the AAA shall have full authority to grant provisional remedies and to direct the parties to request that any court modify or vacate any temporary or preliminary relief issued by such court, and to award damages for the failure of any party to respect the AAA’s orders to that effect. In any such judicial action: (i) each of the parties irrevocably and unconditionally consents to the exclusive jurisdiction and venue of the federal or state courts located in Birmingham, Alabama, U.S.A. (the “Alabama Courts”) for the purpose of any pre-arbitral injunction, pre-arbitral attachment, or other order in aid of arbitration proceedings, and to the non-exclusive jurisdiction of such courts for the enforcement of any judgment on any award; (ii) each of the parties irrevocably waives, to the fullest extent they may effectively do so, any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens or any right of objection to jurisdiction on account of its place of incorporation or domicile, which it may now or hereafter have to the bringing of any such action or proceeding in any Alabama Courts; and (iii) each of the parties irrevocably consents to service of process by first-class certified mail, return receipt requested, postage prepaid.
The prevailing party, as determined by the AAA, shall be entitled to recover its reasonable costs and attorneys’ fees.
Except as may be required by law, the parties shall preserve the confidentiality of all aspects of the arbitration, and shall not disclose to a third party (other than disclosure to affiliate(s) of a party on a need-to-know basis and such affiliate(s) is/are informed of the confidential nature of such information and is/are instructed to keep such information confidential), all information made known and documents produced in the arbitration not otherwise in the public domain, all evidence and materials created for the purpose of the arbitration, and all awards arising from the arbitration, except, and to the extent that disclosure is required by law or regulation, is required to protect or pursue a legal right or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.
You agree to an arbitration on an individual basis. In any dispute, neither you nor Atlas will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.
14. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Atlas or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You may not use this site to promote any commercial use or products, and will not use in any way any intellectual property (whether registered or unregistered) of any person or entity on this site. Your use of this site must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You will not attempt to gain access to Atlas’ internal administrative tools. You will not attempt to disrupt the website, or access the source code of the website, or otherwise access, reverse engineer, or decompile any source code on this website, or contained in any of Atlas’ products purchased through this website. You agree to comply with any additional policies contained in this website.
15. Participation Disclaimer
Atlas does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Atlas is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Atlas reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Atlas in its sole discretion.
17. Third-Party Links
In an attempt to provide increased value to our visitors, Atlas may link to sites operated by third parties. However, even if the third party is affiliated with Atlas, Atlas has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Atlas. These linked sites are only for your convenience and therefore you access them at your own risk, and Atlas accepts no liability whatsoever for any linked sites. Nonetheless, Atlas seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
18. Sales & Use Tax Disclaimer
Atlas collects sales tax for purchases shipped to the state of Alabama. Sales tax determination is made using the shipping address only. Atlas does not collect sales tax for any purchases shipped to any state except Alabama. Exceptions may exist when a product is shipped from a distribution center within customer’s state. If a customer believes that he or she has been charged sales tax in error, the customer must notify Atlas within fourteen (14) days from the purchase date to receive a credit. After fourteen (14) days, the sales tax cannot be refunded. Any customer, residing outside of Alabama, that purchases products from Atlas and is not charged sales tax by Atlas may be subject to the use tax of his or her own state of residence. Use tax is a self-assessed excise tax that is applicable on purchases made outside one’s own state of residence. Many states include use tax as a line item on yearly tax filings. It is the customer’s responsibility to calculate, report, and pay any use tax based on local state regulations.
Atlas is not responsible for helping a customer to file the use tax, nor is Atlas responsible for any financial damages or legal repercussions that a customer may face if he or she fails to pay the use tax. Common exemptions from paying the use tax in many states may include purchases for resale, for goods used in production of other goods, for raw materials, or for government, churches, schools, and other not-for-profits. Customers should reference local state tax regulations for more accurate and complete information regarding possible exemptions. Notwithstanding anything else contained in these Terms, you remain solely and exclusively responsible for the payment of any taxes owed on your purchases, regardless of whether or not Atlas is able to assess and notify you of such taxes.
19. Late Payments
Any credit card payments received outside of the net terms period specified on the invoice shall incur a 3.5% surcharge due immediately.
20. Your Representations and Warranties
By using this site and purchasing products, you represent and warrant that you are buying the products from the site for your own use and not for resale or export. You further represent and warrant that you will purchase and use the products in compliance with all applicable laws.
Your rights under these Terms may not be assigned without Atlas’s prior written consent. Any purported assignment in violation of this Section is null and void. No assignment relieves you of any of your obligations under these Terms. Atlas may assign its rights and duties under this Agreement to any party at any time without notice to you.
22. Entire Agreement
Atlas’s order confirmation and these Terms and any document incorporated therein by reference are the final, entire, and integrated agreement between you and us on the subject matter of these Terms.