Terms and conditions

This agreement (“Document”) is entered into by atlanticaspiration.com (“Platform”) and you as a user of Platform (“User”). User acknowledges and agrees that the following terms and conditions shall govern your use of every platform page. The provision of information to the user by or through the website (the “Service”) is regularly updated. It includes the privacy policy posted on the platform. The platform reserves the right to revise this document and the contents for any reason without notice. The user acknowledges and agrees that any such document revisions will bind the user. The platform encourages users to periodically visit the website and review the terms and conditions of this document. The platform reserves all rights afforded by the laws of the state of North Carolina and the United States. It specifically reserves its rights and defenses for any omission from the contents of this notice to users of the platform.

Platform’s Terms of Service

The platform considers your privacy one of its highest priorities. Please refer to the platform’s privacy policy below for information and notices concerning the collection and use of your personal information.

Secure Server Pages / Online Application Pages

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

Intellectual Property Ownership

All information and content on or in the Platform are owned by and proprietary to the Platform and its partners. It includes but is not limited to text, images, video, audio, and data. Applicable copyright and trade secret laws protect them. All rights not expressly granted by this document are reserved solely for the platform, its vendors, and licensors. Except as otherwise specifically stated in this document, the user may not use the information or content of the Platform. Any unauthorized use by the user may subject you to penalties or damages. The platform will enforce its intellectual property rights to the full extent of the law. Your use of the service is for your personal use. Any sharing of your account information or content provided by the service with any other entity is strictly prohibited.

Use of Platform

Users may not use the Platform for any purpose prohibited by any law or regulation or facilitate the violation of any law or regulation. Users may not use the platform or any of its content for competitive reasons, nor may you resell or redistribute content without prior express written consent. The consent needs to be from management at the platform. Users may not attempt to use any scraper or other automated device to access or monitor any portion of the Platform. Any data or content found on or accessed through the Platform without prior express written consent of management at the platform will be prosecuted.

Users may not use the platform to obtain or attempt to obtain any materials outside the rights granted through any means. Information on the platform that has not been intentionally made publicly available by public display must not be accessed. Users may not use the platform in a manner that would violate the platform’s security or attempt to gain unauthorized access to the platform or data. Users may not impersonate any person or entity or falsely state or otherwise represent an affiliation with a person or entity. Users may not interfere with or otherwise disrupt the proper working of the platform or any servers or networks connected to the Platform. It includes accessing any data or other information b intended to be available to the public on the Platform.

Telephone Consumer Protection Act Compliance

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

Suppose the user believes your copyrighted work has been copied or otherwise infringed without your authorization. It is available on the service in a way that may constitute copyright infringement. The user may provide notice of your claim to the Platform Designated Agent listed below, as outlined in the Digital Millennium Copyright Act of 1998. For your notice to be effective, it must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. A description of the copyrighted work that the User claim has been infringed upon.
  3. A description of where the user claim infringing material is located.
  4. Information reasonably sufficient to permit the platform to contact users includes a telephone number and an email address at which the user may be contacted.
  5. A statement by the User that the User has a good-faith belief that the disputed use is not authorized by the copyright owner or the law.
  6. A statement that the information in the notification is accurate.

Under penalty of perjury, users must testify they are authorized to act on behalf of the owner of an exclusive right allegedly infringed.

Suppose your user content or other information has been affected by a notification under the DMCA. In that case, the user may make a counter-notification under sections 512(g)(2) and (3) of the DMCA. The user will be liable for damages if the user materially misrepresents that your user content or activity is not infringing the copyrights of others. It includes costs and attorneys’ fees. When we receive a counter-notification, we may reinstate the material in question. To file a counter-notification with us, the user must provide us with a written communication sent to the Platform’s Designated Agent identified above. It must set forth the following items:

  1. Identifying the URLs or other unique identifying information of material that the Platform has removed or to which the platform has disabled access.
  2. Your contact information and a statement that the user consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or North Carolina if your address is outside of the United States). Provide proof that the user will accept service of process from the person who provided notification under the DMCA or an agent of such person.
  3. Under penalty of perjury, a statement that the user has a good faith belief that content at issue was removed or disabled due to a mistake or misidentification.
  4. Your physical or electronic signature.

Use of this Site at Own Risk

The user acknowledges and agrees that your use of the website and the service is at your own risk. Neither the platform nor any other party involved in creating or delivering the platform is liable for direct or indirect damages. It includes anyone who has provided the content and information contained in the platform or any losses or expenses. It includes attorneys’ fees and other fees or expenses that may arise through the access to or use of the platform. It includes the browsing of this site or your downloading of any materials or data from the platform. It includes but is not limited to anything caused by any viruses or inaction of any computer system.

No Warranty of Accuracy of Information

The user acknowledges and agrees that the Platform will make reasonable efforts to ensure the content and information are based on current information. The platform cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED PROVIDED BY THE SERVICE ARE PROVIDED TO YOU “AS IS.” IT IS WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY.

Limitation of Liabilities

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

Indemnification

User agrees to indemnify and hold harmless Platform and its stakeholders against any asserted claims or suits made by any third party or any regulatory action. It includes any action brought by any entity for any damages arising from or relating to any actual or alleged breach of this Document by the User of any content data. It includes any material you submit, post, or otherwise provide to Platform or on Platform.

Unlawful Content and Behavior

User acknowledges that they will not post or transmit to the Platform any obscene. It includes materials that could constitute or encourage conduct considered a criminal offense. You agree not to submit content that would give rise to civil liability or otherwise violate any law or regulation. Even though the Platform or other parties may deliver the platform, the platform assumes no responsibility. It includes assuming no liability which may arise from such content, including but not limited to claims for defamation or misrepresentation.

The user acknowledges and agrees that although Platform may be linked to other websites, the platform does not endorse those links. The platform can also not be held liable for its content. The platform has not reviewed all websites linked to the Platform. It is not responsible for the content of any other website linked to the Platform. It makes no representations or warranties whatsoever regarding the content or information on such websites. Any use of links by the user to any other websites is at Your own risk.

Application of Laws

The user acknowledges and agrees that the information and materials on the Platform website may be read worldwide. The Platform is designed and intended for use in the United States. The user’s use of the Platform will be construed and evaluated according to the laws of the United States. If users access a Platform from another country, users are responsible for compliance with applicable local laws. Suppose the information and materials on the website do not conform to the country’s laws where Users access the website. The information is not meant for the user. The platform makes no representation that the information and materials contained in the Platform are appropriate outside the United States. The user agrees that any dispute arises under this document or your other use of the platform or the Service. The State of North Carolina laws shall apply without resort to its choice of law provisions or rules. The user also agrees to submit to the personal jurisdiction of the state and federal courts located in North Carolina. You further agree that the state and federal courts located in North Carolina shall be the exclusive venue for resolving any dispute between the platform and the user.

Entire Document

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

No Waivers

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

Severability

Suppose any part of this document shall be adjudged by any court of competent jurisdiction to be invalid. Such judgment will not affect or nullify the remainder of this document.