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Terms & Conditions

Effective Date: 1 July 2023

Thank you for visiting and using Atoco (“Atoco,” “we,” “us” or “our”). These Terms of Service govern the use of Atoco on any website regardless of how or why such website(s) may be accessed. These Terms of Service incorporate the Atoco Privacy Policy along with any other terms and conditions or policies that may apply to any of our products, features, promotions, other functionality(s) and/or customer service (collectively, the “Terms”).

 

Please read the Terms carefully before accessing our website or otherwise using Atoco. The Terms represent a binding contract between you and us, and by, accessing our website, creating an account in the future or otherwise using Atoco, you are acknowledging that you have read, understand and expressly agree to be bound by them. These Terms affect your rights and designate the governing law and forum for the resolution of any disputes. If you do not agree to be bound by the Terms, you may not use Atoco.

 

Atoco is a technology leader in carbon capture and atmospheric water harvesting.

Privacy

The privacy and use of your personal information is governed by our Privacy Policy Please review our Privacy Policy carefully so that you understand our practices.

Web Forms

In order to use certain functions and offerings of Atoco you may be required to submit a registration form (“Form”), that will allow you to download materials, such as whitepapers, product brochures, or in other ways engage with our content. The information required on the Form may include, without limitation: your name; address; email address; telephone number; title, affiliation, or other personally identifiable information.

Intellectual Property

Atoco is protected by U.S. and international intellectual property laws and you agree to abide by them. All information and content available on our website or by and through our other website offerings, including, but not limited to, trademarks, logos, service marks, features, functions, icons, images, audio clips, data compilations and software, along with the compilation and organization thereof (“Content”) is the property of Atoco and without our prior written consent you may not download, copy or store our Content in any form outside of Atoco. Other than as expressly allowed herein, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of our Content or any portion of our website offerings. You agree that all data and algorithms used in connection with providing Atoco to you are “trade secrets” as defined under applicable law. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Atoco. All intellectual property rights in Atoco are, as between you and us, the sole and exclusive property of Atoco.

 

Some of the features on our website may allow you to post, transmit, submit, distribute, reproduce or otherwise share content and materials for publication on Atoco (“Your Content”). You own all intellectual property rights to Your Content in perpetuity, and you represent and warrant that you have all rights in and to any of Your Content that you share on our website. You agree not to engage in, or assist or encourage others to engage, in posting, transmitting, submitting, distributing, reproducing or otherwise sharing any of Your Content that is in violation of these Terms. You agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Atoco or the features you have elected to use. We may, but are not obligated to, examine or evaluate Your Content and to refuse to post or remove the same. You acknowledge that we have no responsibility or liability for any of Your Content and you hereby waive any claims against us for any infringement of intellectual property, privacy and/or rights of attribution. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

 

We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments or suggestions that you provide to us.

Your License to Use Atoco

We provide you access to Atoco pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use Atoco for personal, non-commercial use only, and subject to the Terms. This license is available to you as long as you are not barred from Atoco by applicable law and your access or account is not terminated by us or by you. If the Terms are not enforceable where you are located, you may not use Atoco. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Social Media 

Our website contains links to various Atoco social media pages. The social media pages are made available through third party entities (“Social Media Sites”) and your use of the Social Media Sites is governed by those Social Media Sites’ applicable agreements, terms, conditions and privacy policies.

 

All of these social media pages are made available strictly for your convenience. Please be advised that Atoco is not in any way affiliated with these social media platforms, and the Atoco products and offerings are not endorsed, administered or sponsored by any of the social media entities. You understand and agree that Atoco will not be liable to you in any manner for any claim in connection with your use or inability to use any of the Social Media Sites.

Restrictions and Prohibited Uses 

Atoco is used by many people, and we are proud of the trust our users place in us. We expect in turn that our users do not misuse our products and services. Except with our written permission, you may not:

 

  • Attempt to impersonate another person or use another person’s information or future Atoco account information without authorization;
  • Violate or attempt to violate Atoco’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of the Atoco systems and networks;
  • Redistribute, decompile, reverse engineer, publish, or copy any portion of the Atoco website;
  • Use Atoco for the purpose of creating a product with a substantially similar look, feel or design;
  • Access or search Atoco by any means other than our publicly supported interfaces (for example, “scraping”);
  • Interfere with others’ use and enjoyment of Atoco;
  • Use Atoco or any trademarks, trade names, service marks, copyrights or logos of ours in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
  • Violate any third party’s rights, including intellectual property or privacy rights;
  • Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your access to Atoco, or future account, and may also subject you to civil or criminal penalties.

Disclaimers

YOU AGREE THAT USE OF Atoco IS AT YOUR OWN SOLE RISK AND THAT Atoco IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Atoco AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING Atoco, THE PRODUCTS, AND ALL RELATED SERVICES AND OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

 

WE STRIVE TO MAINTAIN Atoco ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE Atoco WEBSITE OR OFFERINGS AT ALL TIMES.

Limitation of Liability

IN NO EVENT SHALL Atoco OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO PURCHASE THE Atoco PRODUCTS, IF ANY; OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT Atoco WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you have any complaints with respect to material posted on Atoco, you may contact our designated agent by email to Copyright@atoco.com at the following address:

 

Atoco
ATTN: DMCA Complaint
7700 Irvine Center Drive