Terms & Conditions

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 OR ORDERING PRODUCTS BECAUSE THE TERMS LIMIT YOUR RIGHTS. All users of this site and all purchasers of Products agree that access to and use of this site and all purchases of Products are subject to these Terms. If you do not agree to these Terms, please do not use this site or purchase Products from Atlas.

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, 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 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 OR FROM PURCHASING PRODUCTS BY APPLICABLE LAW.

In addition to these Terms, Atlas has other policies applicable to its website, including but not limited to, its Privacy Policy and Cookie Policy, which are incorporated herein by reference. The “Terms” and the term “Agreement“ as used herein shall include all of the policies contained on this website.

As used herein, “Atlas,” “us,” or “we” means Atlas RFID Solutions Store, LLC. “Atlas Parties” means Atlas, its affiliates, entities under common ownership or control with Atlas, and Atlas’ officers, directors, employees, managers, agents, successors and assigns. You and Atlas are referred to herein, individually, as a “party” and, collectively, as “parties.” “Products” means any goods, Services, or Software sold, distributed, licensed, sublicensed, or otherwise provided by Atlas to you. “Quote” shall mean any quote, order form, or similar purchasing document issued by us to you. “Services” means any professional services, consulting, installation, configuration, integration, training, support, maintenance, or other services provided by Atlas to you, but expressly excludes Software and any rights or licenses therein. “Software” means any software program, application, platform, system, or code, whether in source code, object code, executable form, or otherwise, including any software made available through web-based, hosted, or cloud-based access (including software-as-a-service, hosted services, or other cloud-based offerings), together with all related modules, features, interfaces, APIs, updates, upgrades, modifications, enhancements, patches, and associated documentation, that is marketed, licensed, sublicensed, provided, or otherwise made available by Atlas including, without limitation, Distributed Software, Non-Distributed Software, and Custom Software (as each term is defined below). “You,” “your,” and “customer” means every person or entity using this website or purchasing Products from Atlas.

2. Copyright

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 2019-2026, 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.

3. Trademarks

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 warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

TO THE EXTENT A PRODUCT IS MANUFACTURED OR LICENSED BY A THIRD PARTY, ATLAS HEREBY ASSIGNS TO YOU, TO THE EXTENT ASSIGNABLE AND WITHOUT RECOURSE, ANY WARRANTIES MADE BY THE MANUFACTURER. ATLAS MAKES NO WARRANTY WITH RESPECT TO SUCH PRODUCTS BEYOND THE TERMS OF ANY APPLICABLE MANUFACTURER WARRANTY. ATLAS SHALL HAVE NO OBLIGATION TO PERFORM, ADMINISTER, OR HONOR ANY MANUFACTURER WARRANTY, AND YOUR SOLE REMEDY FOR ANY DEFECT IN SUCH PRODUCTS SHALL BE AGAINST THE MANUFACTURER DIRECTLY. 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 MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

5. Software

(a) Generally. Software that is sold, assigned, licensed, provided, sublicensed, marketed, or promoted by Atlas shall be categorized as one of the following:

(i) “Distributed Software” shall mean Software that is purchased, sublicensed, or otherwise used by you (including by Atlas’ provision of license keys, activation codes, credentials or other means of access), which Software is identified on a Quote as being subject to an end user license agreement, terms of service, acceptable use policy, or other terms and conditions of a Software provider, licensor, publisher, or platform owner (collectively, the “Distributed Software Terms” and such third-party, a “Distributed Software Licensor”).

(ii) “Non-Distributed Software” shall mean any Software that Atlas may from time to time, recommend, promote, or otherwise make you aware of including software, platforms, applications, or services offered by third parties that Atlas believes may be useful to you but that Atlas does not itself sell, distribute, license, sublicense, or otherwise provide (“Non-Distributed Software”). Non-Distributed Software is not owned, licensed, or sublicensed by Atlas.

(iii) “Custom Software” shall mean Software that is developed by Atlas or a subcontractor of Atlas and sold or assigned to Customer. No Software shall constitute Custom Software unless Atlas and Customer enter into a custom software development agreement that is executed and delivered by both Atlas and Customer.

(b) Distributed Software. You agree as follows with respect to Distributed Software.

(i) Atlas is the Distributed Software Licensor if and only if Atlas is expressly identified as the licensor, sub-licensor, or provider of Software in the Distributed Software Terms.

(ii) Unless Atlas is expressly identified as the licensor, sub-licensor, or provider of Software in the applicable Distributed Software Terms: (1) you acknowledge that all Distributed Software is developed, owned, and controlled by third-parties, and that Atlas acts solely as a reseller, distributor, or sub-licensor, and (2) Atlas has no responsibility for the performance, availability, functionality, security, or compatibility of any Distributed Software. Unless Atlas is the Distributed Software Licensor, you covenant, represent, and warrant that you have undertaken an investigation and that you are solely responsible for determining whether the Distributed Software will meet your needs, and you further covenant not to assert any Dispute against Atlas Parties that arises, directly or indirectly, out of the specifications, performance, use, or functionality of any Distributed Software.

(iii) Distributed Software Terms are hereby incorporated into these Terms by reference as if fully set forth herein. You agree to comply with all applicable Distributed Software Terms, and if you breach such Distributed Software Terms, such breach shall constitute a material breach of these Terms. Atlas shall have no responsibility or liability for the Distributed Software beyond the rights, licenses, or access expressly granted by Atlas in the applicable Distributed Software Terms (if any), and you acknowledge that such Distributed Software may be governed in whole or in part by the Distributed Software Terms.

(iv) Any processing of your data by Distributed Software is governed by the privacy policy, data processing agreement, or similar terms of the applicable Distributed Software Licensor. Atlas shall have no liability for the processing, storage, security, or loss of any data processed by Distributed Software unless Atlas expressly undertakes responsibility pursuant to Distributed Software Terms.

(v) If any Distributed Software Licensor terminates, suspends, or modifies the underlying license for any Distributed Software such that Atlas is no longer able to sublicense or provide Distributed Software to you, Atlas may terminate your access to such Distributed Software without liability. In such event, your sole remedy shall be a pro-rata refund of any prepaid fees for the terminated Distributed Software.

(c) Non-Distributed Software.

(i) Any Non-Distributed Software is identified for informational purposes only, and Atlas is not a party to any agreement between you and the provider of such Non-Distributed Software. You acknowledge and agree that: (i) Atlas makes no representations or warranties regarding any Non-Distributed Software; (ii) Atlas shall have no responsibility or liability whatsoever arising out of or related to Non-Distributed Software, including without limitation any claims relating to performance, availability, functionality, security, support, pricing, or your use of or inability to use Non-Distributed Software; (iii) your acquisition, licensing, or use of any Non-Distributed Software is solely between you and the applicable third-party provider and is subject to such provider’s terms and conditions; and (iv) Atlas’ recommendation or promotion of Non-Distributed Software does not constitute an endorsement or guarantee of any kind. You covenant and agree to conduct due diligence to confirm that any Non-Distributed Software that you purchase is sufficient for your needs, and you further covenant not to assert any Dispute against Atlas Parties that arises, directly or indirectly, out of the specifications, performance, use, or functionality of any Non-Distributed Software.

(ii) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY: (1) WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS, PROCEEDINGS, DEMANDS, AND RIGHTS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, THAT YOU MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST ATLAS PARTIES ARISING OUT OF OR RELATED TO ANY NON-DISTRIBUTED SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR SELECTION, ACQUISITION, LICENSING, USE, INTEGRATION, OR DEPLOYMENT OF NON-DISTRIBUTED SOFTWARE, OR ANY INTERACTION BETWEEN NON-DISTRIBUTED SOFTWARE AND ANY PRODUCTS PURCHASED FROM ATLAS; (2) RELEASE AND FOREVER DISCHARGE THE ATLAS PARTIES FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, COST, OR EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO ANY NON-DISTRIBUTED SOFTWARE; AND (3) COVENANT NOT TO SUE OR BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE ATLAS PARTIES WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO ANY NON-DISTRIBUTED SOFTWARE. THIS WAIVER, RELEASE, AND COVENANT NOT TO SUE SHALL APPLY EVEN IF ATLAS SELLS, LICENSES, OR OTHERWISE PROVIDES PRODUCTS THAT ARE USED IN CONNECTION WITH, INTEGRATED WITH, OR DEPLOYED ALONGSIDE NON-DISTRIBUTED SOFTWARE, PROVIDED THAT THIS SECTION SHALL NOT LIMIT ANY EXPRESS WARRANTY CLAIMS WITH RESPECT TO SUCH PRODUCTS TO THE EXTENT EXPRESSLY PROVIDED FOR IN THESE TERMS. YOU ACKNOWLEDGE THAT YOU MAY HEREAFTER DISCOVER CLAIMS PRESENTLY UNKNOWN OR UNSUSPECTED, AND YOU AGREE THAT THIS RELEASE APPLIES TO ALL SUCH UNKNOWN OR UNSUSPECTED CLAIMS. YOU HEREBY WAIVE ANY AND ALL RIGHTS AND BENEFITS UNDER ANY LAW OR LEGAL PRINCIPLE THAT WOULD OTHERWISE LIMIT THE RELEASE TO CLAIMS KNOWN OR SUSPECTED TO EXIST AT THE TIME OF EXECUTION.

(iii) You acknowledge and agree that Atlas may receive referral fees, commissions, revenue sharing payments, or other compensation from the owners, licensors, publishers, or providers of Non-Distributed Software in connection with your purchase, licensing, subscription, or use of such Non-Distributed Software. Such compensation arrangements shall not create any agency, partnership, joint venture, or fiduciary relationship between Atlas and any provider of Non-Distributed Software, nor shall they impose any duty, obligation, or liability on Atlas to you with respect to Non-Distributed Software. You agree that any such compensation received by Atlas shall not affect, reduce, or offset any amounts you owe to Atlas under these Terms or otherwise, and you shall have no claim to any portion of such compensation.

(d) No Software Warranties. EXCEPT ONLY WITH RESPECT TO EXPRESS WARRANTIES PROVIDED BY ATLAS IN DISTRIBUTED SOFTWARE TERMS, ATLAS DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UPTIME, AVAILABILITY, SECURITY, OR ERROR-FREE OPERATION. YOUR SOLE REMEDY FOR ANY DEFECT OR NON-CONFORMANCE IN SOFTWARE SHALL BE AGAINST THE APPLICABLE DISTRIBUTED SOFTWARE LICENSOR.

6. Services

(a) Scope. Any Services provided by Atlas shall be limited to the scope expressly set forth in the applicable Quote or statement of work. Services are provided either (i) on a time-and-materials basis or (ii) for a fixed fee, in each case as specified on a Quote. Atlas makes no guarantee as to the outcome, results, or success of any Services.

(b) Customer Cooperation. You shall provide Atlas with timely access to personnel, facilities, systems, information, and materials reasonably required for Atlas to perform Services. Any delays caused by your failure to cooperate shall extend any applicable deadlines and may result in additional charges.

(c) Change Orders. Any request to change the scope, schedule, or deliverables for Services must be documented in a written change order signed by both parties. Atlas is not obligated to perform any work outside the agreed scope without a signed change order, and any such work shall be billed at Atlas’ then-current rates.

(d) Price Adjustments for Unforeseen Circumstances. Notwithstanding any pricing set forth in a Quote or statement of work, Atlas reserves the right to adjust the fees or charges for Services if Atlas encounters unforeseen circumstances that materially increase the cost, complexity, or time required to perform such Services. Unforeseen circumstances may include, without limitation, changes in applicable law or regulation, unanticipated site conditions, third-party delays or failures, supply chain disruptions, increases in labor or material costs, or other events beyond Atlas’ reasonable control. Atlas shall notify you in writing of any proposed price adjustment, including a description of the unforeseen circumstances and the revised pricing. If you do not agree to the adjusted pricing, you may terminate the affected Services upon written notice to Atlas, in which case you shall pay Atlas for all Services performed and expenses incurred through the date of termination. Your failure to terminate in writing on or before the date that is fifteen (15) days following notice of a price adjustment shall constitute binding, irrevocable acceptance of the revised pricing.

(e) Acceptance. Unless otherwise agreed in writing, Services shall be deemed accepted upon completion. If you believe Services do not conform to the applicable Quote or statement of work, you must notify Atlas in writing within ten (10) business days of completion, specifying the non-conformance in reasonable detail. Atlas’ sole obligation shall be to re-perform the non-conforming Services, and if Atlas is unable to cure the non-conformance after a reasonable opportunity to do so, your sole remedy shall be a refund of fees paid for the non-conforming Services.

(f) Reimbursable Expenses. In connection with the performance of any Services, you shall reimburse Atlas for all expenses reasonably and necessarily incurred by Atlas in providing such Services (“Reimbursable Expenses”). Reimbursable Expenses include, without limitation, travel expenses (including airfare, ground transportation, lodging, and meals), shipping and delivery charges for equipment or materials, third-party vendor fees, and other out-of-pocket costs directly related to the performance of Services. Atlas shall invoice you for Reimbursable Expenses at actual cost, and you shall pay all such invoiced amounts within thirty (30) days of receipt of invoice. You shall reimburse Atlas for Reimbursable Expenses regardless of whether such expenses were pre-approved by you, provided that such expenses were reasonably and necessarily incurred in connection with the Services. Atlas shall provide reasonable documentation of Reimbursable Expenses upon your request.

(g) Work Product.

(i) To the extent Atlas provides any written work product to you in connection with Services (such as reports, analyses, designs, specifications, configurations, documentation, or other written deliverables) (collectively, “Work Product”), Atlas hereby grants you a non-exclusive, non-transferable, royalty-free license to use such Work Product solely for your internal business purposes in connection with your use of the Products. You shall not sublicense, distribute, publish, disclose, or otherwise make available any Work Product to any third party without Atlas’ prior written consent.

(ii) Notwithstanding the foregoing license, Atlas retains all right, title, and interest in and to: (1) all intellectual property rights in any Work Product, including all patents, copyrights, trade secrets, and other proprietary rights; (2) all pre-existing materials, tools, methodologies, frameworks, templates, software, code, know-how, processes, techniques, and other intellectual property owned or licensed by Atlas prior to or independent of the performance of Services (“Atlas Background IP”); (3) all general skills, knowledge, experience, ideas, concepts, techniques, and know-how of general applicability that Atlas develops, learns, or acquires in the course of performing Services, whether or not embodied in any Work Product (“General Know-How”); and (4) any improvements, modifications, or derivative works based on Atlas Background IP or General Know-How, regardless of whether such improvements arise from the performance of Services.

(iii) You acknowledge and agree that nothing in these Terms or any Work Product shall restrict or impair Atlas’ right to: (A) use, develop, license, sell, or otherwise exploit Atlas Background IP, General Know-How, or any other intellectual property of Atlas in any manner and for any purpose; (B) provide Services to any other person or entity, including competitors of yours, using Atlas Background IP, General Know-How, or similar methodologies, techniques, or approaches; (C) develop, create, or provide products, Services, software, or deliverables for other customers that are similar to or competitive with any Work Product; or (D) continue to operate and expand its RFID solutions, consulting, integration, and related Services business without restriction. The parties intend that Atlas shall be free to reuse and build upon its General Know-How and Atlas Background IP in its ongoing business operations.

7. Order Acceptance

All orders placed through this site or in response to a Quote (e.g., a purchase order that you issue, an accepted or signed Quote, or other written confirmation) constitute offers to purchase and are subject to acceptance by Atlas. By issuing a purchase order or otherwise accepting a Quote that references or hyperlinks these Terms, you acknowledge that you have reviewed and agree to be bound by these Terms. Atlas may accept or reject any order in its sole discretion. An order is not accepted until Atlas issues a written order confirmation or ships the Products. Quotes are valid for the period specified therein, and are subject to Product availability.

8. Limitation of Liability

Atlas Parties shall not be liable for any special, punitive, exemplary, enhanced, indirect, incidental, or consequential damages, including any lost profits, lost revenues, or diminution in value, resulting 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 Parties were 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’ sole and exclusive liability for any damages, losses, claims, or other liabilities of any kind shall be to replace any defective Products or, if replacement is not possible, to refund the purchase price of such defective Products.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ATLAS AND ATLAS PARTIES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY YOU TO ATLAS PARTIES FOR PRODUCTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

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.

9. Shipments; Delivery; Title and Risk of Loss; Compliance with Laws

Unless otherwise set forth on a Quote, all orders are FCA Birmingham, Alabama (Incoterms 2020). We will arrange carriage at your request and for your account unless you elect to use your own carrier. Title and risk of loss pass to you upon tender of the Products to the first carrier at our facility. Shipping and delivery dates are estimates only and cannot be guaranteed. Where you or your agent collect the Products at our facility, the terms are EXW Birmingham, Alabama (Incoterms 2020).

Atlas may, in its sole discretion, without liability or penalty, make partial shipments of Products to you. Each shipment shall constitute a separate sale, and you shall pay for the Products shipped whether such shipment is in whole or partial fulfillment of your order.

Atlas retains (and you hereby grant) a purchase money security interest in all Products sold to you until you have paid the full purchase price and all other amounts due to Atlas in connection with such Products. You hereby grant to Atlas a security interest in all Products purchased from Atlas, together with all proceeds thereof (including insurance proceeds), to secure payment of all amounts owed to Atlas. You agree to execute and deliver to Atlas, upon request, any financing statements, security agreements, or other documents that Atlas may reasonably request to perfect or continue the perfection of Atlas’ security interest. You authorize Atlas to file any such financing statements without your signature to the extent permitted by applicable law. Until all amounts owed to Atlas are paid in full: (i) you shall keep the Products free from any lien, security interest, or encumbrance (other than Atlas’ security interest); (ii) you shall not sell, lease, or otherwise dispose of the Products except in the ordinary course of business; and (iii) you shall maintain insurance on the Products in an amount at least equal to the unpaid purchase price, with Atlas named as loss payee. Upon any default in payment, Atlas may exercise all rights and remedies available to a secured party under the Uniform Commercial Code, including the right to take possession of the Products without judicial process.

By default, orders are not insured. Shipping insurance is available for an additional fee during checkout for online orders. For offline orders, you may request that your Quote be modified to include shipping insurance.

Shipping insurance is available for all Products except Services, Software, and clearance items. Shipping insurance covers the replacement of items lost, stolen, or damaged during transit. Shipping insurance does not cover: (i) expedited shipping costs; (ii) delivery delays; (iii) incorrect shipping addresses provided by the customer; or (iv) product issues arising after the package has been accepted by the customer.

In the event of loss, theft, or damage to an insured shipment, you must notify Atlas within ten (10) business days of the scheduled delivery date. You must provide necessary documentation, including proof of loss or damage and any other required information. The carrier or insurer will conduct an investigation to confirm the claim. If and when the claim is approved and Atlas receives the applicable insurance proceeds, Atlas will proceed with replacing the affected items. Order refunds are not provided under this insurance policy.

If shipping insurance is declined, you assume full responsibility for the shipment once it is transferred to the carrier. While Atlas may file a claim on your behalf, Atlas is not responsible for lost, stolen, or damaged shipments that are not insured.

You agree to accept delivery of all Products as soon as Atlas is able to ship following Atlas’ acceptance of your order. If you fail to take delivery of Products when Atlas is ready to ship, Atlas may, in its sole discretion: (i) store the Products at your expense and risk; (ii) invoice you for the full purchase price of the Products, which shall become immediately due and payable; or (iii) cancel the order without liability to you. Any storage charges, additional shipping costs, or other expenses incurred by Atlas as a result of your failure to take delivery shall be your sole responsibility and shall be payable upon demand. Furthermore, if Atlas accepts an order but you do not provide a means of payment that is acceptable to Atlas within three (3) business days after Atlas’ written request to you, Atlas may terminate your order without liability by providing you with written notice.

You represent and warrant that you will comply with all applicable export control laws, regulations, and sanctions, including without limitation the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). You shall not export, re-export, or transfer any Products, directly or indirectly, to any country, entity, or person prohibited by applicable law, or for any end-use prohibited by applicable law, without first obtaining all required licenses and authorizations. You shall provide Atlas with all information and documentation reasonably requested to verify compliance with this Section. Any breach of this Section shall constitute a material breach of these Terms.

You are solely responsible for ensuring that your use of all Products complies with all applicable country, regional, and local laws, regulations, and standards governing the operation of the technology, including without limitation radio frequency (RF) emissions, electromagnetic compatibility, and spectrum allocation requirements. For RAIN RFID and UHF technology, you should refer to the latest GS1 Overview of UHF Frequency Allocations for RAIN RFID (available at https://www.gs1.org/docs/epc/uhf_regulations.pdf) and consult the relevant regulatory authority in each jurisdiction where you intend to operate the Products. Atlas makes no representation or warranty that any Product is certified, approved, or compliant for use in any particular jurisdiction, and Atlas shall have no responsibility or liability for any non-compliant use of Products.

If you are a government entity or are purchasing Products on behalf of a government entity, you represent and warrant that you have complied with all applicable procurement laws and regulations. The Products are commercial items as defined in FAR 2.101, and all rights of the U.S. Government are limited to those set forth in FAR 52.227-19 or DFARS 252.227-7015, as applicable.

10. 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 accordance with Atlas’ Return Policy available at this link: https://www.atlasrfidstore.com/return-policy/. For defective Products, please refer to Sections 4 and 8.

If you timely notify Atlas of any Nonconforming Products, Atlas shall, in its sole discretion, (i) replace such Nonconforming Products with conforming Products, or (ii) credit or refund the price for such Nonconforming Products, together with any reasonable shipping and handling expenses incurred by you in connection therewith. You shall ship, at your expense and risk of loss, the Nonconforming Products to Atlas’ facility located at 112 28th Street South, Birmingham, Alabama 35233. If Atlas exercises its option to replace Nonconforming Products, Atlas shall, after receiving your shipment of Nonconforming Products, ship to you, at your expense and risk of loss, the replaced Products to the delivery point.

You shall inspect all Products within three (3) days of receipt (the “Inspection Period”). You will be deemed to have accepted the Products unless you notify Atlas in writing of any Nonconforming Products during the Inspection Period and furnish such written evidence or other documentation as required by Atlas. “Nonconforming Products” means only the following: (i) Product shipped is different than identified in your purchase order; (ii) Product’s label or packaging incorrectly identifies its contents; or (iii) Products that do not substantially conform to the applicable manufacturer’s data sheets for the applicable Product.

You acknowledge and agree that the remedies set forth above for Nonconforming Products are your exclusive remedies for the delivery of Nonconforming Products. Except as provided above, all sales of Products to you are made on a one-way basis and you have no right to return Products purchased under these Terms to Atlas or to terminate or cancel your order.

11. Customer Selection.

You are solely responsible for determining the suitability of all Products for your intended use, application, integration, or deployment. Atlas does not warrant that any Product will meet your requirements, perform in your environment, or be compatible with any other hardware, software, systems, or configurations. All Product descriptions, specifications, and technical information are provided for informational purposes only and are derived from manufacturer-provided materials, which Atlas does not independently verify. Atlas is not responsible for any errors, omissions, or changes in such information.

12. 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, epidemics, pandemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), supply chain instability, manufacturing delays, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunications breakdowns, or power outages.

13. 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 a 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.

14. Term; Termination

These Terms are applicable to you upon your accessing the site, completing the registration or shopping process, or issuing a purchase order in response to a Quote that references these Terms. 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, Warranty Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution and Binding Arbitration, and Miscellaneous, and any other provision, covenant, or obligation that, by its express terms or nature, is intended to survive such termination, shall survive any termination.

15. Notice

Atlas may deliver notice to you by means of e-mail, a general notice on the site, or by another reliable method to the address you have provided to Atlas. All notices required to be delivered to Atlas under this Agreement shall be delivered by email to info@atlasrfidstore.com

16. Miscellaneous

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 of 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’ 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 17) 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.

17. 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: (I) YOUR PURCHASE OF PRODUCTS THROUGH THE SITE OR PURSUANT TO A QUOTE; (II) YOUR USE OF ANY PRODUCTS, SOFTWARE, OR SERVICES; (III) THESE TERMS OR ANY QUOTE OR STATEMENT OF WORK; (IV) ANY REPRESENTATIONS, STATEMENTS, OR OMISSIONS MADE BY ATLAS OR ITS REPRESENTATIVES; (V) ANY BREACH, ENFORCEMENT, OR TERMINATION OF THESE TERMS; (VI) THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT; OR (VII) ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH ATLAS (COLLECTIVELY, 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 twenty (20) 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 from its panel of commercial arbitrators. Notwithstanding the foregoing, any arbitrator appointed by the parties or the AAA must: (i) be an attorney licensed in Alabama with at least fifteen (15) years of commercial litigation or transactional experience; (ii) have no prior relationship with either party or their affiliates; and (iii) have no financial interest in the outcome of the arbitration. Either party may challenge the selection of an arbitrator who does not satisfy these qualifications. The language of the arbitration shall be English. The place of the arbitration shall be Birmingham, Alabama, U.S.A., and all hearings shall be conducted in person at such location unless Atlas, in its sole discretion, agrees to virtual proceedings.

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. The arbitrator shall have no authority to award punitive, exemplary, special, enhanced, indirect, incidental, or consequential damages, including lost profits, revenues, or diminution in value, regardless of whether such damages may be available under applicable law, and the parties hereby waive any right to seek or recover such damages in arbitration. The arbitrator’s award shall not exceed the limitations on liability set forth in Section 8 of these Terms. Judgment on the award may be entered in any court of competent jurisdiction, and the parties agree that any such court may issue such orders as are necessary to enforce the arbitrator’s award, including orders compelling compliance with any award.

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. Notwithstanding the foregoing, Atlas may, in its sole discretion and without waiving its right to arbitration, seek injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent irreparable harm, and such action shall not constitute a waiver of Atlas’ right to compel arbitration of any Dispute. 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, to the address on file with Atlas or, in the case of Atlas, to its principal place of business.

Except as may be required by law or court order, the parties shall preserve the strict confidentiality of all aspects of the arbitration proceedings. Without limiting the foregoing, neither party shall disclose to any third party (other than disclosure to affiliate(s) of a party on a need-to-know basis, provided such affiliate(s) is/are bound by confidentiality obligations at least as protective as those set forth herein): (i) the existence, subject matter, or status of the arbitration; (ii) all pleadings, briefs, motions, submissions, and correspondence exchanged in the arbitration; (iii) all information, documents, and materials produced or exchanged in the arbitration, whether or not otherwise in the public domain; (iv) all evidence, witness statements, and expert reports created for or presented in the arbitration; (v) all hearing transcripts and recordings; (vi) any interim, partial, or final awards arising from the arbitration; and (vii) any settlement discussions or offers made during the arbitration. This confidentiality obligation shall survive the conclusion of the arbitration and shall remain in effect indefinitely. Any breach of this confidentiality provision shall constitute a material breach of these Terms and may be remedied by injunctive relief or damages. Notwithstanding the foregoing, a party may disclose information concerning the arbitration to the extent required by applicable law, regulation, or legal process, provided that such party provides Atlas with prompt written notice of such requirement (to the extent legally permitted) and cooperates with Atlas in seeking a protective order or other appropriate remedy.

You agree to 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.

Subject to the fee shifting provisions of this paragraph, each party shall bear its own costs and expenses in connection with the arbitration, including its own attorneys’ fees, except as otherwise provided herein. The filing fees and administrative costs of the AAA, as well as the arbitrator’s fees and expenses, shall be borne equally by the parties initially; provided, however, that the arbitrator may, in the award, reallocate such costs to the non-prevailing party. Notwithstanding the foregoing, if you initiate an arbitration and the arbitrator determines that your claims are frivolous, without merit, or brought in bad faith, you shall reimburse Atlas for all costs and attorneys’ fees incurred by Atlas in connection with the arbitration. The prevailing party, as determined by the arbitrator, shall be entitled to recover its reasonable costs and attorneys’ fees from the non-prevailing party.

If any provision of this Section 17 is found to be invalid, illegal, or unenforceable, such finding shall not affect the validity or enforceability of the remaining provisions of this Section 17 or these Terms. Specifically, if the class action waiver or any other provision is found to be unenforceable, the parties agree that the Dispute shall nonetheless be resolved through individual arbitration to the fullest extent permitted by law.

Notwithstanding the foregoing or anything else to the contrary: (i) if arbitration of any Dispute pursuant to arbitration as provided for in this Section 17 is determined by a court of competent jurisdiction to be unenforceable for any reason, the parties agree that the sole and exclusive forum for resolution of such Dispute shall be the Alabama Courts, and each party irrevocably consents to the exclusive jurisdiction and venue of such Alabama Courts and waives any objection to the laying of venue or based on the grounds of forum non conveniens; (ii) except as stated in the subsequent clause (iii), any demand for arbitration must be filed within the shorter of: (1) six (6) months after the date on which the party asserting the claim knew or reasonably should have known of the facts giving rise to the Dispute; or (2) the limitations period provided by applicable law, and failure to file within this time period shall constitute a complete waiver and release of any such claim; (iii) Atlas’ right to assert any Dispute against you for non-payment of any amounts owed to Atlas shall not be subject to any time limitation other than the applicable statute of limitations; and (iv) any such Dispute for non-payment may be asserted by Atlas, in Atlas’ sole and absolute discretion, (1) in a binding arbitration pursuant to this Section 17, or (2) in any other forum, court, or tribunal selected by Atlas in its sole and absolute discretion. If Atlas elects to pursue such Dispute in a forum other than arbitration, you irrevocably consent to the jurisdiction and venue of any such forum, waive any objection to the laying of venue or based on the grounds of forum non conveniens, and agree that service of process may be effected in any manner permitted by applicable law.

The parties intend that the arbitration agreement contained in this Section 17 be enforced to the maximum extent permitted by applicable law, and any court interpreting this Section 17 shall modify or sever any unenforceable provision only to the extent necessary to render it enforceable while preserving the parties’ intent to arbitrate Disputes on an individual basis.

18. 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.

19. 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.

20. Indemnification

You agree to indemnify, defend, and hold harmless the Atlas Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees incurred by any Atlas Parties, resulting from any violation of these Terms, any violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, your violation of any license or terms of use (or similar conditions) contained in any product you purchase on this website, or any use or activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

21. Confidentiality

All non-public, confidential, or proprietary information of Atlas, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Atlas to you, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” in connection with these Terms is confidential, solely for the use of performing these Terms, and may not be disclosed or copied unless authorized in advance by Atlas in writing. Upon Atlas’ request, you shall promptly return all documents and other materials received from Atlas. Atlas shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to you at the time of disclosure; or (c) rightfully obtained by you on a non-confidential basis from a third party.

22. 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 feedback not only on its own site, but also on sites to which it links (including if a specific link does not work).

23. Sales & Use Tax Disclaimer

Products sold by Atlas may be subject to sales and/or use tax. Atlas collects and remits sales tax where legally required to do so. Sales taxes are solely determined using the address where goods are shipped or where Services are provided. Atlas is legally required to collect sales tax unless provided with a valid exemption certificate (as determined by the state levying the tax). The exemption certificate must be issued to the Customer making the purchase from Atlas. If a customer believes they have been charged sales tax in error, the customer must provide Atlas a valid exemption certificate within fourteen (14) days from the purchase date to receive a credit. After fourteen (14) days, the sales tax cannot be refunded. Notwithstanding anything else contained in these Terms, you remain solely and exclusively responsible for the payment of any taxes owed on your purchases.

24. Payment; Authorized Payment Method

Except for customers to whom we have extended written credit terms and who remain current on all balances, we require payment in full or a valid Authorized Payment Method on file before we are obligated to take any action in respect of an order. Without limiting the foregoing, we shall have no obligation to allocate, reserve, or set aside inventory, to issue purchase orders to our suppliers or manufacturers, to commence any Services, or to activate or provide access to any Software until payment or an Authorized Payment Method has been received. “Authorized Payment Method” means a valid credit card or other payment instrument acceptable to us, which you authorize us and our payment processors to store and to charge for all amounts due. We may cancel any order for which payment or an Authorized Payment Method has not been received within thirty (30) days after the order date, without liability to you.

25. Late Payments

Any amount not paid to us when due shall bear interest from the due date until paid at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law. You agree to reimburse us for all costs of collection, including collection agency fees, court costs, and reasonable attorneys’ fees. You shall not withhold or set off any amount due by reason of any claim or dispute. We may suspend performance on any order, including delivery or activation of Products while any amount is past due.

26. 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.

27. Covenant Not to Resell or Export

You covenant and agree that you will not, directly or indirectly: (i) resell, redistribute, transfer, sublicense, or otherwise dispose of any Products to any third party, whether for consideration or otherwise; or (ii) export, re-export, or transfer any Products outside the country to which the Products were originally shipped, in each case without Atlas’ prior written consent. This covenant is in addition to, and not in lieu of, any representations or warranties made by you under these Terms. Any breach of this Section shall constitute a material breach of these Terms and shall entitle Atlas to pursue all remedies available at law or in equity, including without limitation injunctive relief, specific performance, and recovery of damages. You shall indemnify, defend, and hold harmless the Atlas Parties from and against any and all losses, liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of this Section or any third party’s use of Products that were resold, redistributed, transferred, or exported in violation of this Section.

28. Assignment

Your rights under these Terms may not be assigned without Atlas’ 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.

29. Entire Agreement; Conflict

Atlas’ order confirmation, any Quote accepted by you, 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. In the event of any conflict between these Terms, a Quote, website content, and Distributed Software Terms, the Quote shall control, followed by Distributed Software Terms, these Terms, and website content. Any terms, conditions, or provisions contained in any purchase order, acknowledgment, confirmation, or other document issued or provided by you that are additional to, different from, or inconsistent with these Terms or any Quote are hereby expressly rejected by Atlas and shall not be binding on Atlas unless Atlas expressly agrees to such terms in a writing signed by an authorized representative of Atlas. Atlas’ acceptance of your order, shipment of Products, or performance of Services shall not constitute acceptance of any such additional, different, or inconsistent terms.