PLEASE READ THE FOLLOWING USER AGREEMENT TERMS AND CONDITIONS CAREFULLY:
Please be advised that this User Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit any claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with the rules below. Unless you opt-out, you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
We welcome you to Atlas.vet and we invite you to access our Site, subject to the rules that follow.
Veteran Capital, LLC d/b/a Atlas.vet (“Atlas”, “We”, “Us”, or “Ours”) requires that all visitors (“You”) to our Site (www.Atlas.vet
) agree to the terms of this User Agreement (“UA”), in order to access or use the Site and the services provided through it (the “Services”).
Who is Atlas?
Atlas is a company with a business address located at 201 W Main Street, Suite B02, Durham, NC 27701. We provide an online platform designed to facilitate easy access to online-based services for Military Community Users, Educator Users and Employer Users. For example, Military Community Users can use our Site to explore data that we make available about educational programs, colleges and workplaces to get useful information from our partner schools, colleges and employers. Our Educator and Employer Users can use our Site and the related Services to advertise their schools, colleges, places of employment, provide links to their respective websites and get useful data from the Atlas database. An Educator User and Employer User can use the Site by registering and claiming a school, company, or by becoming a Premium Member, which provides the Educator Users and Employer Users with significantly more data and content allowances to reach target populations. There are fees associated with becoming a Premium Member, and these fees, as well as additional terms and conditions, are set forth herein. Please contact us at email@example.com to obtain more information on becoming a Premium Member. On the Site, we use our brand name “Atlas”.
In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.
Consumer Users of Atlas Services.
If we communicate with a provider, we may share your profile information with them so that they can contact you directly. If you select “No” for a provider, then we’ll remove it from your list of recommendations. Atlas cannot guarantee that we can connect you with every provider. This feature is only available to those who have created an account.
Your use of the Atlas does not take the place of any school application or employment application and does not guarantee the admittance into a school, job interview or placement, or any other desired result. Atlas makes no guarantees, representations, warranties, or promises that any Atlas Services will assist you in getting admitted into a school, hired by an employer, or in obtaining any other desired result.
User-Generated Content (UGC) means any and all information and content that a user submits to, or uses with, the Site. You are solely responsible for your UGC. You assume all risks associated with use of your UGC, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your UGC that personally identifies you or any third party. You hereby represent and warrant that your UGC does not violate this UA. You may not represent or imply to others that your UGC is in any way provided, sponsored or endorsed by the employer or educator. Because you alone are responsible for your UGC, you may expose yourself to liability if, for example, your UGC violates this UA herein. Company is not obligated to backup any UGC, and your UGC may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your UGC if you desire.
You represent and warrant that you will use Atlas solely for lawful purposes in a manner consistent with this UA and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Atlas. You agree that by submitting or authorizing Your Content for use on Atlas, you have reviewed and understood the UA. You understand that you may expose yourself to liability if your UGC or other use of Atlas violates applicable law or any third-party right.
You agree that you will not:
Upload, post or distribute any content which, in our sole determination, is inappropriate. This includes content that is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law; Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an educator or employer;Post Content that you do not own or have the right to post in accordance with this UA; Violate this UA, the terms of your agreements with us, explicit restrictions set forth herein, or any applicable law, rule or regulation;Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers, educators or potential employers and educators;Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;Except as expressly approved by us, and subject to applicable laws, use Atlas for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;Imply an Atlas endorsement or partnership of any kind without our express written permission;Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;"Frame" or "mirror" or otherwise incorporate part of Atlas into any website, or "deep-link" to any portion of Atlas without our express written permission. Copy, modify or create derivative works of Atlas or any content (excluding UGC) without our express written permission);Copy or use the information, content (excluding UGC), or data on Atlas in connection with a competitive service, as determined by Atlas;Sell, resell, rent, lease, loan, trade or otherwise monetize access to Atlas or any Content (excluding Your UGC) without our express written permission;Interfere with, disrupt, reverse engineer, or decompile any data or functionality of Atlas;Interfere with, disrupt, or create an undue burden on Atlas or the networks or services connected to Atlas;Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Atlas ; or Attempt to circumvent any security feature of Atlas.
Rights to Atlas Content and Proprietary Materials.
Atlas contains content provided by us and certain third parties. We and certain third parties (including other users) own and retain all proprietary (including all intellectual property) rights in the content we each provide and Atlas owns and retains all property rights in Atlas. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Atlas or the content (excluding your UGC); or (2) rent, lease, loan, or sell access to Atlas. The trademarks, logos and service marks ("Marks") displayed on Atlas are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
Third Party Website and Website Seeking to Hyperlink to the Site.
We may link to third-party websites from our own Site including, among other things, college websites or third-party payment processors. We have no control over, and are not responsible for, these third-party websites or their use of your personal information. We recommend that you review their privacy policies and other agreements governing your use of their website.
We welcome appropriate hyperlinks to our Site by responsible third parties. By publishing a hyperlink to our Site on your website or app, you warrant to us that the content of your website or app is appropriate and consistent with the stated purposes of our Site and of Atlas. If this is not or will not be the case, then you do not have our permission to link to our Site, and doing so will constitute a violation of this UA. In addition, we reserve the right in our sole discretion to rescind our permission granted in this UA to link to our Site.
Warranty and Legal Disclaimers.
THE PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT, THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT, SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS MAY BE PROVIDED IN A SEPARATE, WRITTEN SERVICES AGREEMENT BETWEEN ATLAS AND YOU, ATLAS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATLAS MAKES NO WARRANTY THAT (i) THE CONTENT, SERVICES AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SERVICES OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
IN NO EVENT WILL ATLAS, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION AND OPERATION OF THE SITE (COLLECTIVELY “ATLAS AND ITS AFFILIATES”) BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. EACH PARTY’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL PAYMENTS RECEIVED UNDER THIS AGREEMENT.
IF YOU CHOOSE TO USE THE SITE AND/OR THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ATLAS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ATLAS AND ITS AFFILIATES OR THROUGH THE SITE OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT ATLAS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. ATLAS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. NEITHER ATLAS AND ITS AFFILIATES MAKE ANY WARRANTY REGARDING THE QUALITY OF THE COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, DAMAGES ARISING FROM A PARTY’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR LOST BUSINESS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES CLAIM RELATING TO THIS AGREEMENT SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).
Resolution of Disputes.
You and Atlas agree that any claim or dispute at law or equity that may arise between us relating in any way to this UA or your use of or access to the Site or related Services will be resolved in accordance with the provisions set forth in this Resolution of Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.Applicable Law:
This UA is governed by the laws of North Carolina, USA, without regard to its choice of law or conflicts of law provisions, and any controlling United States federal law. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. Specifically, you agree that any disputes shall be heard, where eligible, solely within the Civil Court of the City of Durham—Small Claims Part (“Small Claims Court”).
You agree that where the amount you would otherwise claim exceeds the monetary jurisdiction of the Small Claims Court, which at the time of the publication of this UA is up to $5,000, you will waive your right to collect any damages in excess of the monetary jurisdiction and instead only sue us for the maximum amount of $5,000.
Likewise, if you have multiple causes of action, you agree that if your claim would be eligible to be heard by the Small Claims Court, except that one or more of the causes of action or other rights to collect damages would not be eligible for the Small Claims Court to hear, you will waive your right to claim damages for any of the ineligible claims and instead still bring the dispute in the Small Claims Court for only the claim or claims over which the Small Claims Court has jurisdiction to hear.
Likewise, if you would otherwise have any non-monetary remedies available to you outside of the Small Claims Court, such as the right to an injunction, specific performance, or other equitable relief, you agree that you will waive your right to obtain such relief against us. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party's reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
Agreement to Arbitrate.
If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and Atlas each agree that any and all disputes between Users of the Site and Atlas arising under or related in any way to the UA and such Users' use of the Site must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Resolution of Disputes" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
Exceptions to Arbitration
This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the Atlas and Its Affiliates by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of Atlas and Its Affiliates against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Resolution of Disputes section cannot be enforced, then the entirety of this UA to Arbitrate will not apply. Where this UA to Arbitrate does not apply, the remainder of this UA and the Resolution of Disputes section will continue to apply.Informal Dispute Resolution
. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to Atlas should be sent to the Veteran Capital, LLC at 201 W Main Street, Suite B02, Durham, NC 27701. If you have an account on Atlas, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Atlas and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Atlas may commence formal proceedings.
The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or Atlas shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Durham, North Carolina. For any claim where the total amount of the award sought is $10,000 or less, you and Atlas may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Atlas subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Atlas may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Atlas User to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You must send notice to Opt-Out by providing the information including your name, address (including street address, city, state and zip code), and the email address(es) associated with the Atlas account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this UA to Arbitrate. If you opt out of the UA to Arbitrate, all other parties to this UA and this Resolution of Disputes section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Changes to the Agreement to Arbitrate
. Notwithstanding any provision in this UA to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and Atlas. We will notify you of changes to this Arbitration section by posting the changes on Atlas at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.
We may at any time without liability to you, with or without cause, and with or without prior notice: (a) terminate this UA or your access to our Content, Site, and Services, and (b) deactivate or cancel your Account. In the event we terminate this UA, or your access to our Content, Site and Services, or deactivate or cancel your Account, you will remain liable for all amounts due for Services you have purchased. You may cancel your Account at any time by sending an email to firstname.lastname@example.org. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any UGC you have posted to the Site, including, but not limited to, any applications, rating, or reviews.
In the event that a provision of this UA is found to be unlawful, conflicting with another provision of the UA , or otherwise unenforceable, the UA will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this UA are deemed to conflict with each other's operation, Atlas shall have the sole right to elect which provision remains in force.
You agree to defend, indemnify, and hold Atlas and Its Affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Atlas, including due to or arising from your breach of any provision of these Terms.
Any attempted assignment by you shall violate this UA and be void.
If you have any questions about the Site or this UA, you may contact us via e-mail at email@example.com. We are always glad to hear your questions and comments.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Atlas and this UA supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the UA shall not operate as a waiver of such right or provision. If any provision of the UA is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the UA shall otherwise remain in full force and effect and enforceable. The UA, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with Our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate this UA and be void. The section titles in the UA are for convenience only and have no legal or contractual effect; as used in the UA, the word "including" means "including but not limited to."
Ongoing User Agreement Updates
We post any changes we make to our Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you through a notice on the Site home page. If we make a change that we believe materially reduces your rights or increases your responsibility, we will notify you by email, sent to the email address specified in your account. The date the Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Site and this Policy to check for any changes.
Veteran Capital, LLC d/b/a Atlas.vet
201 W Main Street
Durham, NC 27701
The effective date of this policy is June 3, 2020.