Atlas Claim Advance Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO THESE TERMS OF SERVICE, YOU WAIVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO A CLASS ACTION PROCEEDING.

1. Introduction

TC Platform GP, L.L.C. d/b/a Atlas Claim Advance (“Atlas Claim Advance,” “we,” “us,” “our”) is a Specialist Firm enabling importers to turn future tariff refunds into working capital. These Terms of Service (“Terms”) govern your use of our website located at https://www.atlasclaimadvance.com/ and your communications with us via email or otherwise or your use of any other website, platform or service where these Terms are posted (collectively, the “Services”).

These Terms are a contract between you and Atlas Claim Advance. By using the Services in any way, including, without limitation, visiting our website, emailing us via the email available on the Services, and/or submitting information to the Services (including via email to us), you agree to these Terms. By agreeing to these Terms, you acknowledge that you have also read and understood our Privacy Policy, which is incorporated into and made part of these Terms. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, YOU MUST NOT USE THE SERVICES.

From time to time, we may update these Terms by posting the updated version on the Services and updating the “Last updated” date. By continuing to use the Services after the Terms have been updated, you indicate that you accept the updated Terms. If you do not agree to the updated Terms, please do not use the Services.

The use of our products and services may be governed by different or additional terms, policies, or agreements. Unless otherwise stated in the relevant terms, policies, or agreements, these Terms in no way limit our rights or define our obligations regarding our products and services.

2. Your Use of the Services

The Services provide information about our products and services and provide an email address by which you may contact us. When using the Services, including when communicating with us via email, you represent that all information you provide is, to your knowledge, accurate and up to date. Any activity that takes place under your name or email address, including communications with us, are your responsibility. You agree to notify us immediately if you believe someone has contacted us under your name or email address without your authorization. We are not liable for any loss that you may incur because of someone else using the Services under your name or email address, either with or without your knowledge.

In using the Services, you represent and warrant that you are at least eighteen (18) years of age, and you will use the Services in accordance with these Terms. You also represent and warrant that you will not:

• Use the Services in any way or for any purpose that is unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by us in our sole discretion.
• Infringe any rights of Atlas Claim Advance or any third party, including any intellectual property, publicity, or privacy rights, in your use of the Services.
• Provide us with information that you are not authorized to share with us, including any information that you are under a legal or contractual obligation to keep private or confidential.
• Transmit through the Services or to us any unauthorized communication, including but not limited to bulk or “junk” emails, chain letters, spam, or any advertising or promotional materials or any other form of solicitation.
• Interfere with, disrupt, or create undue burden on the Services or the networks or services connected to the Services by means including, but not limited to, hacking into the Services or otherwise tampering with the security or operation of the Services.
• Use the Services or Our Content (as defined below) to construct any kind of database, machine learning model or algorithm, or other software, data, or content.
• Crawl or scrape (whether manually or automatically), or use any data mining, robots, virus, worms, bugs, or other data gathering or extraction tools on the Services or frame any portion of the Services.
• Circumvent any of the Services’ security measures, reverse engineer any portion of the Services, obtain the Services’ source code, or create back doors or any form of unauthorized access to the Services.
• Provide us with or use the Services to disseminate any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Services.
• Attempt, or encourage or assist any other person, to take any of the above actions.

3. Intellectual Property Rights

4. Third Party Websites

The Services may link to websites not maintained or operated by or related to us. Links are provided as a service to you and are not sponsored by or affiliated with us or the Services, and we make no representations or warranties about the content, completeness, or accuracy of those third-party websites. We have not reviewed the material, including goods and services, made available through third-party websites. These Terms do not apply to your use of third-party websites, so you should review the third party’s terms, policies, and other documents.

5. Consent to Electronic Communications

You consent to receiving electronic communications from us. These communications may include notices about our policies and terms, including these Terms, and information related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

6. Access to the Services

We may, in our sole discretion and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services, and any information you have provided via the Services, is terminated. We may restrict or terminate your access to the Services at any time, and without notice, if we deem that you have violated these Terms, the law, or for any other reason.

7. Reliability and Accuracy

Despite our efforts, the information on the Services may be inaccurate, incomplete, or out of date. We make no representations or warranties as to the reliability, completeness, accuracy, or correctness of any information on the Services, and we are not responsible for your reliance on or use of such information. You acknowledge that any reliance on such material or systems will be at your own risk. We also make no representations regarding the amount of time that any of Our Content or any information you provide to us will be preserved.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. WE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SERVICES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RELATE TO THE USE OF OR INABILITY TO USE THE SERVICES, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, ERRORS, DEFECTS, DELAYS, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANY OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGE DUE TO A NEGLIGENT ACT, RELATED TO THE USE OF OR THE INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, OUR USE OR DISTRIBUTION OF USER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF US AND OUR AGENTS, AFFILIATES, AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS TWENTY-FIVE DOLLARS ($25).

10. Indemnification

You agree to indemnify and hold us and our affiliates, contractors, and agents, and each of their officers, directors, employees, and agents harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, related to, or arising from your use of the Services or violation of these Terms.

11. Governing Law; Disputes

These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby (“Claims”), shall be interpreted and construed under the substantive laws of the State of New York without reference to its conflict of laws principles, except to the extent governed by the United States Trademark Act of 1946 or other superseding federal law. For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the federal and state courts located in New York County, New York. Each party agrees not to commence any Claim relating thereto except in such courts, and irrevocably and unconditionally waives any objection to the laying of the venue of any Claim in such courts.

To the extent permitted by applicable law, any Claim must be brought within two (2) years of the date such Claim first accrued. ALL CLAIMS MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AND ATLAS CLAIM ADVANCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW.

12. Injunctive Relief

You acknowledge that irreparable injury may result to us upon the unauthorized use of Our Content and our trademarks and/or unauthorized disclosure of our confidential and/or proprietary information and that money damages may not be a sufficient remedy for any such harm. You therefore agree that upon any act or threatened act of trademark infringement or unauthorized disclosure of information which we believe is confidential and/or proprietary, we shall be entitled, in addition to such other remedies now or hereafter available at law, in equity, by statute or otherwise, to seek damages and relief as may be available under applicable law, including obtaining a temporary restraining order and/or a permanent injunction prohibiting you from engaging in any such act or specifically enforcing these Terms, as the case may be, without proof of damages or posting a bond.

13. Miscellaneous

• These Terms constitute the entire agreement between you and Atlas Claim Advance regarding the Services and your use thereof.
• The section titles in these Terms are for convenience only and have no legal or contractual effect.
• Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities, or for any other reason beyond our reasonable control, shall not be deemed a breach of these Terms.
• If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving its right to act with respect to future or similar breaches.
• All remedies under these Terms shall be cumulative and not exclusive.
• If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
• These Terms form no partnership between you and Atlas Claim Advance, and neither you nor Atlas Claim Advance have the power or the authority to obligate or bind the other.
• You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition.