IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE ATM.com APP ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS (THE “AGREEMENT”); IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS AND AGREEMENT.
Welcome to ATM.com®. These Terms of Service (the “Terms”) are a binding agreement between you and Ant Transaction Machines, Inc. dba ATM.com (“ATM.com”, “us”, "we”, or “our”). Please read these Terms carefully before using ATM.com’s website (https://www.ATM.com/, or the “Website”), mobile application ( the “Application” or the “App”), or associated products and services (collectively the “Services”). These Terms apply regardless of how you access the Services. As used in these Terms, "ATM.com Account" means the account you establish with us for the Services. “Bank Account” means your own personal bank account that is separate from the your ATM.com Account and the Services. “You" and "your" mean the person who uses or accesses the Services.
The Services are controlled and offered by ATM.com from the United States of America. ATM.com makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law.
Data Dating® Dividends: One way to earn money with our Services is by matching with a non- profit, company, or brand during “Data Dating®” and opting-in to receive messages through our proprietary web-based or in-app “Data Messenger”, designed to protect your privacy from unwanted third party emails, texts, and phone calls. These Data Dating Dividends are paid to you directly from ATM.com. The companies themselves are not paying you, but instead ATM.com derives advertising revenue from companies and brands featured in our Data Dating process. A portion of ATM.com’s advertising revenue is used to pay you for matches accepted by you. This is one way your data has value. Other apps and websites collect your data, use it for targeted advertisements, and do not pay you for it; ATM.com is significantly different. ATM.com can pay you a dividend for your use of the Data Messenger with our Data Dating service. The Data Dating process does not require our users to shop or transact with companies to earn Data Dating Dividends.
Reward Dividends: ATM.com can pay our users Reward Dividends as incentives for actions leading to ATM.com earning commissions from Brands. Actions can include placing calls with a minimum duration, receiving a quote, going to 3rd party websites to shop, buy, order services, fill out lead forms, or respond to surveys. If you leave the ATM.com app through a link in our Data Messenger, it is up to you to decide what information you wish to share with third party brands when calling, shopping, buying, and filling out lead forms. Just know that ATM.com does not share your personal information with brands.
Colony Data Dividends: ATM.com users can earn passive income through Colony Data Dividends, whereby the aggregate data of our users, potentially millions, can create value for both our colony and medical and/or market research. These anonymized data products do not disclose any personally identifiable information. We will de-identify and aggregate information collected through the Services from our subscribers (or “Colony”) so that this information can no longer be linked by 3rd parties (such as brands) to you or your device. Sit back, relax, and enjoy passive income, small at first but designed to grow as our colony grows.
Your Dividends once earned will be credited to your ATM.com Account. Data Dating Dividends are earned instantly; Reward Dividends may be in a pending state for up to 30 days based on reporting and tracking limitations with 3rd party companies and networks. Colony Dividends will be paid within 30 days of our receipt of the revenue.
Once your ATM.com Account balance is greater than $20.00, you may withdraw cash in excess of the $20.00 minimum account balance reserve. For example, if your account balance is $82.00, you may transfer up to $62.00 to your linked Bank Account. This minimum reserve allows us to pay our users faster and offers the colony protection from fraud.
We will generally transfer the requested funds from your ATM.com Account to your personal Bank Account within four to six Business Days of when we receive your request. It is important for you to know the amount of available funds in your ATM.com Account before instructing us to transfer funds from your ATM.com Account to your Bank Account. If you do not have sufficient available funds in your ATM.com Account to cover the amount of the requested transfer, your request for the transfer will be declined.
We may also transfer funds from your ATM.com Account to your Bank Account without notice to you upon the closure of your ATM.com Account as described below and at any time if required by applicable law, or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.
ATM.COM DOES NOT IN ANY WAY WARRANT OR GUARANTEE THE SUCCESS OF ANY ACTION WHICH YOU TAKE IN RELIANCE ON THE INFORMATION PROVIDED AT THIS WEBSITE. WE DO NOT WARRANT THAT YOU WILL MAKE ANY MONEY OR THAT YOU WILL NOT LOSE MONEY. ATM.COM IS NOT A FINANCIAL ADVISER, AND THE SERVICES ARE NOT INTENDED TO PROVIDE FINANCIAL ADVICE. WE ARE NOT A BROKER DEALER, WE ARE NOT AN INVESTMENT ADVISOR, WE DO NOT PURPORT TO AND DO NOT, IN ANY FASHION, PROVIDE INVESTMENT ADVICE, TAX, ACCOUNTING, ACTUARIAL, RECORDKEEPING, LEGAL, BROKER/DEALER OR ANY RELATED SERVICES OR ADVICE. WE ARE NOT RESPONSIBLE FOR ENSURING YOUR BANK ACCOUNT OR YOUR FINANCIAL AFFILIATE PARTNER ACCOUNT HAS SUFFICIENT FUNDS FOR YOUR NEEDS, PURPOSES, OR TRANSACTIONS. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND THAT THE SERVICES ARE APPROPRIATE FOR YOU. BEFORE USING THE SERVICES, YOU SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM A FINANCIAL ADVISER.
ATM.com is not a bank; your ATM.com Account is a ledger account. ATM.com is not acting as a trustee, fiduciary or escrow with respect to your funds.
You are responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions and ATM.com does not make any guarantees or representations that your portion of the ATM.com Account will grow to a specific amount or that the Services are appropriate for you and your financial situation. By using the Services provided by ATM.com, you represent and warrant that you will safeguard your Bank Account information and will supervise and be completely responsible for any use of your Bank Account by you and anyone other than you.
Your ATM.com Account can only be linked with one Bank Account at any given point in time. Once your ATM.com account is linked to a Bank Account, that Bank Account is indefinitely tied to that account only. More than one Bank Account can be linked to an ATM.com account, but a bank account can only be linked to one ATM.com account. You must own or be an authorized user of the linked Bank Account. The ATM.com Account can only be associated with up to three (3) Bank Accounts. These three (3) Bank Accounts may not be concurrently linked to an ATM.com Account at any given point in time. Attempts to associate an ATM.com Account with additional Bank Accounts may result in the termination of that ATM.com Account without warning. All available user funds, including, but not limited to, Dividends, and earnings, will be held in your ATM.com Account indefinitely until you choose to withdraw some or all of your ATM.com Account balance.
If you register with ATM.com, you are also engaging with our affiliated company Ant Money Advisors, Inc. (“AMA”) including the establishment of an account with AMA (“AMA Account”). All AMA Account balances may be temporarily held in a Wells Fargo For the Benefit Of (FBO) account which are protected and insured by Federal Deposit Insurance Corporation (FDIC) insurance. You may elect to move your AMA Account balance into a brokerage service and investment account which are insured through the Securities Investor Protection Corporation (SIPC) and managed by DriveWealth, LLC. AMA Account services will be provided to all ATM.com users for no charge. ATM.com and AMA are not depository institutions or money transmitters.
ATM.com is constantly evolving to provide the best possible experience for all of our customers, and we reserve the right to change and improve the features and functionality of the Services at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Services. Additionally, we reserve the right to suspend or stop the Services altogether.
We may, from time to time, modify these Terms. Please check this page periodically for modifications. In addition, we will notify you by email or by publishing a message to your ATM.com Account prior to the effective date of any material modification to these Terms. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The modified Terms will take effect after their posting on their effective date, and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such modification constitutes your binding acceptance of such changes.
If you are under 18, you may not register and/or use the Services. Use by persons under the age of 18 is strictly prohibited. By registering and/or using the Services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your ATM Account, and you agree that you are the sole authorized user of your ATM Account.
Authorization to Retrieve and Use Information You Provide
By providing information about yourself, including usernames, passwords, PINs, other log-in information, and other content through the Services (“Data Retrieval Information"), you are licensing such Data Retrieval Information to ATM.com for the purpose of providing the Services. You represent that you are entitled to provide the Data Retrieval Information to ATM.com to use for the purpose of providing the Services, without any obligation by ATM.com to pay any fees or be subject to any restrictions or limitations. You hereby authorize and permit ATM.com to use and store the Data Retrieval Information for the purpose of providing the Services, including configuring the Services to be compatible with third-party websites that enable ATM.com to provide the Services. ATM.com will store Data Retrieval information in encrypted form.
As part of these Terms and Agreement, and solely for the purpose of providing the Services, you grant ATM.com a limited power of attorney, and appoint ATM.com as your attorney-in-fact and agent, to access third-party websites, use Data Retrieval Information you provide, and retrieve Account Information, with the full power and authority to do and perform each task necessary in connection with such activities as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ATM.COM IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY WEBSITES, ATM.COM IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY WEBSITE. ATM.com cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or in loss of data. Further, ATM.com does not assume responsibility for the timeliness, accuracy, deletion, or non-delivery of, or failure to store, any data.
You represent and warrant to us that you have all rights to the Data Retrieval and Account Information that you provide to us via the Services. You are responsible for the accuracy and completeness of the Data Retrieval and Account Information you provide through the Services. You, and not ATM.com, are liable in the event that such Data Retrieval and/or Account Information is not accurate or complete. You agree that you will indemnify, defend, and hold harmless ATM.com for all claims by 3rd parties resulting from Data Retrieval and/or Account Information that you provide us. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
Account Ownership and Responsibilities
Subject to your compliance with these Terms and Agreement, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all local, state, national, and foreign laws, treaties, regulations, and other legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy. If your use of the Services is prohibited by applicable law, then you do not have authorization to use the Services. ATM.com is not responsible for unlawful uses of the ATM.com.
In addition to the other requirements listed throughout these Terms, in order to use the Services, you must: (a) register with us on the ATM.com Application or Website; (b) must be located in United States of America; (c) have a Bank Account with a U.S. financial institution; and (d) provide all information requested by us, such as your name, email address, mobile device number, Data Retrieval and Account Information, and such other information as we may request from time to time (collectively, "User Information").
Each ATM.com user may establish, maintain, use and control only one ATM.com Account. For avoidance of doubt, users may not "co-own" or “co-operate” ATM.com Accounts. Only one unique ATM.com account may be concurrently associated with one unique device at any given time. Only one unique device may be concurrently associated with one unique ATM.com account at any given time. In the event ATM.com determines that a user has established, owned, maintained, used or controlled more than one ATM.com Account, or more than one user has used an ATM.com Account, in addition to any other rights defined by ATM.com, ATM.com reserves the right to suspend or terminate any or all such ATM.com Accounts and withhold or revoke any money earned through the Application associated with those accounts.
You are solely responsible for any and all activity that occurs through your account and you agree not to sell, transfer, license or assign your account, followers, username, or any account rights. ATM.com strictly prohibits the creation of accounts for anyone other than yourself or your legal entity.
Additionally, you represent that all information you will provide or have provided to ATM.com upon registration and at all other times will be true, accurate, current and complete and you agree to update your User Information as necessary to maintain its validity.
You must keep your User Information current with us. In order to ensure that we are able to provide all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us, to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the App or Website.
Use of the Services may be available through a compatible mobile device with internet access and require certain software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees associated with them, as well as for complying with the terms of your mobile device and telecommunications provider.
ATM.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER OR ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS IN CONNECTION WITH THE SERVICES.
An “active” ATM.com Account is defined as an ATM.com Account with an ATM.com Account balance greater than $0 or one that has accessed the Services within the last 180 days. An “inactive” ATM.com Account is defined as an ATM.com Account that has not accessed the Services for a consecutive period of 180 days and has an ATM.com Account balance of $0. ATM.com reserves the right to suspend without warning any account which has been deemed “inactive”.
All monies earned via the Services provided by ATM.com shall remain property of ATM.com until said funds are claimed via an active ATM.com Account which also has a linked Bank Account. An active ATM.com Account is defined under the “Account Status” section above. ATM.com uses Plaid (plaid.com) to connect users’ Bank Account to ATM.com. A user must connect a Bank Account that is supported by Plaid in order to form a secure connection with ATM.com. This is to ensure that funds can be securely transferred directly to a user’s Bank Account. Any Bank Account that is not supported by Plaid’s authentication services will not be accepted by ATM.com at this time. There is no minimum threshold for you to move your ATM.com Account balance into a brokerage/investment account through DriveWealth, LLC. In order for you to withdraw your funds and transfer into your Bank Account, your minimum account balance must be greater than $20.00. For example, if your AMM.com Account balance is $5.00, you may transfer all $5.00 into a DriveWealth, LLC investment account. However, if you want to withdraw your $5.00 balance you will not be able to do so. Once your ATM.com Account balance is greater than $20.00, you may withdraw the funds in excess of $20.00. For example, if your ATM.com Account balance is $28.00, you could choose to transfer up to $8.00 of the entire balance into your Bank Account. If you wish to withdraw all funds, in this example $28.00, you would need to close your ATM.com account and no longer be considered an ATM.com user who can earn future Dividends including Rewards Dividends. We keep this $20 minimum account balance policy to withdraw cash as a way to protect you and/or the colony from fraud and in turn pay dividends faster. To collect the final funds when an account is closed, please allow up to 60 days. The 60-day delay is to protect our colony from fraud.
These requirements must be met to claim any income obtained via the Services provided by ATM.com. Any other form of deposits and/or withdrawals, including but not limited to, checks, e-checks, gift cards, credits, cryptocurrencies, or any financial institution that is not supported by Plaid, are not available at this time.
You may not use the funds in your ATM.com Account to make purchases, withdraw cash, transfer funds to non-ATM.com affiliated third parties, or for any other purpose. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account or your Financial Affiliate Partner Account.
You agree not to authorize any other person or entity to use your username and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your ATM.com Account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at support@ATM.com.
The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, "User Content").
You may not post any prohibited content, including but not limited to, pictures, videos, comments, or links of violent, discriminatory, unlawful, infringing, hateful, sexually explicit or pornographic content via the Services.
You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and you must not post private or confidential information in User Content via the Services, including, without limitation, your or any other person's credit card information, social security or other personal identification, non-public phone numbers or email addresses.
You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (i.e. federal, state, local and provincial) applicable to your use of the Services and your User Content, including but not limited to, copyright laws.
You may not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or ATM.com.
You agree that you will not solicit, collect or otherwise use the login credentials of other ATM.com users.
You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ATM.com page is rendered or displayed in a user's browser or device.
You understand and agree that ATM.com cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for ATM.com, we can stop providing all or part of the Services to you without warning or notice.
ATM.com reserves the right to freeze accounts that have funds that have been charged back. A chargeback is a forced transaction reversal initiated by a bank. Chargebacks occur when a bank settles a debt due to loss on a fraudulent or disputed transaction. ATM.com is not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account. ATM.com is not responsible for any losses due to third-party fees incurred as a result of accessing the Services offered by ATM.com. Please consult with your bank regarding their chargeback policies.
Attempts to access funds that have been charged back may be suspended if ATM.com deems these transfers to be illegitimate or fraudulent.
User Account Termination
We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. You can deactivate your ATM.com Account by contacting us at https://www.ATM.com/contact. If we terminate your access to the Services or you use the form detailed above to deactivate your account, your account history will no longer be accessible through your account.
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Users with terminated accounts will not be eligible to create additional accounts, but may, based on internal review, reinstate a previously terminated account. If a user is found with multiple accounts, access to all accounts created after the original are subject to immediate termination including the original.
By agreeing to these Terms, you authorize ATM.com to electronically credit your Bank Account (either a checking or savings account) via ACH and, if ever applicable, to correct erroneous credits via ACH, as follows:
You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify ATM.com that you wish to revoke this authorization by emailing support@ATM.com. You must notify ATM.com in order to cancel this authorization. You should print a copy of this authorization for your records.
You also acknowledge that the amount and frequency of each credit may vary and that you waive your right to receive prior notice of the amount and date of each credit.
In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.
We offer the Services and the features, information, materials, and content provided and depicted through the Services (collectively, "ATM.com Content") solely for your personal use for the purposes described therein and in these Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or ATM.com Content.
ATM.com Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and ATM.com, ATM.com owns and retains all rights in the ATM.com Content and the Service, with the exception of content that ATM.com has licensed from third parties, which is owned by those third parties. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ATM.com Content. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish our goodwill.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the ATM.com Content, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
The ATM.com name and logo are trademarks of ATM.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ATM.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of ATM.com, and may not be copied, imitated or used, in whole or in part, without prior written permission from ATM.com.
You are responsible for any applicable taxes associated with income you generate via the Services. All payments from us to you in relation to the Services will be treated as inclusive of tax (when applicable) and will not be adjusted.
In order to comply with all tax authorities, ATM.com reserves the right to disclose revenue information to said authorities when applicable. In addition, we may be required to send users a 1099-K form or other applicable tax documents. The filing of these tax forms is the sole responsibility of you, the end user. You agree to absolve ATM.com of responsibility for any related filing fees you may incur (for example, you being charged a penalty for failing to file said tax forms in a timely manner).
The Services may be partially supported by advertising revenue and may display advertisements and promotions. You agree that ATM.com may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. ATM.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
Although it is the intention of ATM.com for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your ATM.com Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
YOU AGREE THAT YOUR USE OF THE ATM.COM SITE AND SERVICES IS AT YOUR OWN RISK. EFFORTS BY ATM.COM TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, ARE PROVIDED "AS IS."
WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ATM.COM AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ATM.COM’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
IN NO EVENT SHALL ATM.COM OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH ANT TRANSACTION MACHINES, INC., THE “ATM.COM ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF ATM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ATM.COM’S NEGLIGENCE OR GROSS NEGLIGENCE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF ATM.COM ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A NEW JERSEY RESIDENT, OR A RESIDENT OF ANOTHER STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THEN THE ABOVE LIMITATIONS SPECIFICALLY DO APPLY TO YOU.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of California.
PLEASE READ THIS SECTION CAREFULLY INCLUDING ALL SUBSECTIONS (a) THROUGH (j) BELOW. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. You and ATM.com agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section (Mandatory Arbitration and Class Action Waiver), is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@ATM.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with ATM.com, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in subsection (g) below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) Send one copy of the Demand for Arbitration to us at: Ant Transaction Machines, Inc. 4600 Campus Drive, Suite 107, Newport Beach, CA 92660.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, ATM.com will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, ATM.com will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ATM.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Ant Transaction Machines, Inc., 4600 Campus Drive, Suite 107, Newport Beach, CA 92660, Attn: Arbitration Opt-Out. The notice must be sent within thirty (30) days of your first use of the Services. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, ATM.com also will not be bound by them.
Changes to This Section. ATM.com will provide thirty (30) days' notice of any changes to this section by posting on the Website. Amendments will become effective thirty (30) days after they are posted on the Website or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.
ATM.com respects the rights of all copyright holders and in this regard, ATM.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ATM.com 's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
DMCA Copyright Agent
Ant Transaction Machines, Inc.
4600 Campus Drive, Suite 107
Newport Beach, CA 92660
These Terms of Service and any operating rules for the Services established by ATM.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of ATM.com, its parent, subsidiaries, other affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Term is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Service will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
Neither ATM.com nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, pandemic, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@ATM.com or Ant Transaction Machines, Inc., 4600 Campus Drive, Suite 107, Newport Beach, CA 92660.
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