Terms & Conditions
Last updated: February 2024
Thank you for choosing Atlas ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website, www.atlasbrace.com ("Website"), which operates as an Ecommerce/Marketplace platform. By accessing or using our Website, you agree to comply with these Terms. Please read them carefully.
1. User Agreement
1.1 Eligibility: By accessing or using our Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are accessing or using our Website on behalf of a company or other legal entity, you further represent and warrant that you have the authority to bind such entity to these Terms.
1.2 Platform Access and Account Creation: You may create an account on our platform by providing accurate and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
1.3 User-Generated Content: Our platform allows users to post content, including reviews of products. By posting content on our platform, you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the operation of our platform.
1.4 External Links: Our platform may include links to third-party websites that are not owned or controlled by us. We are not responsible for the content, policies, or practices of these third-party websites. You acknowledge and agree that we shall not be liable for any damages or losses incurred as a result of your use of any third-party websites.
1.5 Third-Party Advertisements: We do not allow third-party advertisements on our platform. Any advertisements displayed on our Website are for our own products and services.
2. Dispute Resolution
2.1 Informal Negotiations: In the event of any dispute arising between you and us, we encourage you to first contact us and attempt to resolve the dispute informally. We will make reasonable efforts to address any concerns or complaints you may have.
2.2 Arbitration: If a dispute cannot be resolved through informal negotiations, you agree to resolve the dispute through binding arbitration, rather than through litigation in court. The arbitration will be conducted in accordance with the rules of the Canadian Arbitration Association (CAA) and held in Canada. The arbitrator's decision will be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.
3. Limitation of Liability
To the extent permitted by applicable law, we limit our liability for any claims against our platform to a maximum aggregate amount of $1000. This limitation of liability applies to any claims, whether based on warranty, contract, tort, or any other legal theory.
4. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Canada. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the provincial and federal courts located in Canada.
5. Updates to the Terms
We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective upon posting on our Website. We encourage you to review these Terms periodically for any updates.
6. Mobile Terms of Service
The Atlas mobile message service (the "Service") is operated by Atlas Brace Technologies, Inc (“Atlas”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Atlas’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Atlas through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Atlas. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to Atlas or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Atlas mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to Atlas or email info@atlasbrace.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
7. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
Phone: 1 604 542 3599
Email: info@atlasbrace.com