Terms and conditions

This agreement (“Document”) is entered into by atlanticaspiration.com (“Platform”) and you as a user of Platform (“User”). User acknowledge and agree that the following terms and conditions, including the Privacy Policy posted on Platform, shall govern your use of each and every page of Platform and the provision of information to User by or through the website (the “Service”). Platform reserves the right to revise this Document and/or the contents of Platform at any time for any reason without notice. User further acknowledge and agree that User will be bound by any such revisions to the Document. For this reason, Platform encourages User to periodically visit the website and review the terms and conditions of this Document. Platform reserves all rights afforded by the laws of the state of Washington, and of the United States, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of the Platform.

Platform’s Terms of Service

Platform considers your privacy one of its highest priorities. Please refer to Platform’s Privacy Policy below for information and notices concerning Platform’s collection and use of your personal information.

Secure Server Pages / Online Application Pages

Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. Platform appreciates the importance of providing a secure environment on its website and will take all reasonable and customary steps to protect the information User provide. Please use all means to protect your personal information, particularly if User are using a shared computer. Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed.

Intellectual Property Ownership

All information and content contained on or in the Platform, including but not limited to text, images, video, audio and data are owned by and proprietary to Platform, its vendors and/ or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Document are reserved solely to Platform, its vendors and/ or licensors. Except as otherwise specifically stated in this Document, User may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of Platform. Any unauthorized use by User may subject you to penalties or damages. Platform will enforce its intellectual property rights to the full extent of the law. Your use of the Service is for your own personal use, and any sharing of Your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.

Use of Platform

User may not use Platform for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. User may not use the Platform or any of its content for competitive reasons nor may you resell or redistribute Platform content without prior express written consent of management at Platform. User may not attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Platform, any data or content found on or accessed through the Platform without prior express written consent of management at Platform.

User may not use the Platform to obtain or attempt to obtain through any means any materials or information on the Platform that has not been intentionally made publicly available either by public display on the Platform or through accessibility by a visible link on the Platform. User may not use the Platform in a manner that would violate the security of the Platform or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems, or networks connected to any server associated with the Platform, through hacking, password mining or any other means. User may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. User may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Platform, any activities conducted on or through the Platform or any servers or networks connected to the Platform, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Platform.

Telephone Consumer Protection Act Compliance

This site is compliant with the Telephone Consumer Protection Act (TCPA) as implemented by the FCC. By submitting information to this site you agree to the Privacy Policy and this Terms of Service and you authorize Platform and its partners to contact User at the telephone or mobile number you entered, which may include the use of automated telephone technology including auto-dialers and text messages, even if your telephone or mobile number is currently listed on any state, federal, or corporate “Do Not Call” list, and you are not required to give your consent as a condition of purchase.

Digital Millennium Copyright Act

If User believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, User may provide notice of your claim to Platform Designated Agent listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your notice to be effective, it must include the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. A description of the copyrighted work that User claim has been infringed upon; 3. A description of where the material that User claim is infringing is located; 4. Information reasonably sufficient to permit Platform to contact User, such as an address, telephone number, and, if available, an e-mail address at which User may be contacted; 5. A statement by User that User have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate and, under penalty of perjury, that User are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If your user content or other information has been affected by reason of a notification under the DMCA, User may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. User will be liable for damages (including costs and attorneys’ fees) if User materially misrepresent that your user content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question. To file a counter-notification with us, User must provide us with a written communication sent to Platform’s Designated Agent identified above that sets forth the following items: 1. An identification of the URLs or other unique identifying information of material that Platform has removed or to which Platform has disabled access; 2. Your name, address, telephone number, email address, and a statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that User will accept service of process from the person who provided notification under the DMCA or an agent of such person; 3. A statement, under penalty of perjury, that User have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your physical or electronic signature.

Use of this Site at Own Risk

User acknowledge and agree that Your use of the website and of the Service is at Your own risk and that neither Platform nor any other party involved in creating, producing, or delivering Platform, including the content and information contained in Platform, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs, or expenses of any kind (including attorneys’ fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video, or audio from Platform, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.

No Warranty of Accuracy of Information

User acknowledge and agree that while Platform will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in the Platform website are based upon current information, Platform cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN Platform AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Limitation of Liabilities

UNDER NO CIRCUMSTANCES SHALL Platform BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF Platform HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Platform’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO Platform, REGARDLESS OF THE FORM OF CLAIM. YOU ACKNOWLEDGE THAT Platform DOES NOT GUARANTEE ANY WORK DONE BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY Platform. YOU AGREE THAT Platform IS NOT LIABLE FOR ANY DAMAGE, LOSS OR JUDGMENT CAUSED BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY Platform AND YOU WAIVE ALL SUCH CLAIMS AGAINST Platform AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES.

Indemnification

User agree to indemnify and hold harmless Platform, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Document by User (ii) any content, data or material that you submit, post or otherwise provide to Platform or on Platform.

Unlawful Content and Behavior

User acknowledge and agree that User will not post or transmit to Platform any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Platform or other parties may be involved in creating, producing or delivering Platform, may monitor or review transmissions, postings, or discussions, Platform assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

Links to Other Websites

User acknowledge and agree that although Platform may be linked to other websites, Platform neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in Platform. Platform has not reviewed all websites linked to Platform, is not responsible for the content of any other website linked to Platform, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by User to any other websites is at Your own risk.

Application of Laws

User acknowledge and agree that although the information and materials on the Platform website may be read throughout the world, Platform is designed and intended for use in the United States and use of Platform by User will be construed and evaluated according to the laws of the United States. If User access Platform from another country, User are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where User access the website, the information is not meant for User. Platform makes no representation that the information and materials contained in Platform are appropriate outside the United States. User agree that in the event that any dispute arises under this Document or Your other use of Platform or the Service, the laws of the State of Wyoming shall apply without resort to its choice of law provisions or rules. User also agree to submit to the personal jurisdiction of the state and federal courts located in Wyoming and further agree that the states and federal courts located in Wyoming shall be the exclusive venue for the resolution of any dispute between Platform and User.

Entire Document

This Document is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Document.

No Waivers

No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of Platform.

Severability

If any part of this Document shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Document.