ACCEPTANCE OF TERMS
ATOLL Consulting provides its on-line services (the "Service") to you, subject to the following Terms of Service ("TOS"), which may be updated by ATOLL Consulting, and/or its subsidiaries, parents, affiliates, officers, directors, agents, etc. (collectively, "ATOLL") from time to time without notice to you. Please read them carefully. By using the Service you agree to be bound by the TOS. You understand and agree that the Service is provided "AS-IS" and that ATOLL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ATOLL properties, shall be subject to the TOS.
ACCESS TO THE SERVICE
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You will need to provide all computer equipment required to use the Service and you will be liable to pay your additional software providers for all costs incurred using the Service.
YOUR REGISTRATION OBLIGATIONS
This statement discloses the privacy practices for www.atoll-consulting.com. We have designed atoll-consutling.com so that no personal identifying information is displayed online or is accessible to the general public. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ATOLL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ATOLL has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). ATOLL is concerned about the safety and privacy of all its users.
Subscriber ACCOUNT, PASSWORD AND SECURITY
You will have chosen a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your username as well as your password, and are fully responsible for all activities that occur under your subscription. You agree to immediately notify ATOLL of any unauthorized use of your subscription or any other breach of security. ATOLL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
LINKS TO THIRD PARTY WEB ADDRESSES
The Service may contain links to the web sites of third parties. In addition, third parties web sites may contain links to the atoll-consulting.com Site. These links are for your convenience only and ATOLL in no way endorses these web sites. ATOLL is not responsible for the content, accuracy, or reliability of any third party site. Your access to any other Internet site linked to or from this Web Site is at your own risk.
PUBLIC CONTENT POSTED TO atoll-consulting.com
With respect to all Content you elect to post to publicly accessible areas of the Service, you grant ATOLL the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold ATOLL and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ATOLL may establish general practices and limits concerning use of the Service. You agree that ATOLL has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that ATOLL reserves the right to log off accounts that are inactive for more than one year. You further acknowledge that ATOLL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
ATOLL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ATOLL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that ATOLL, in its sole discretion, may terminate your subscription (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ATOLL believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ATOLL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ATOLL may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ATOLL shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ATOLL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
ATOLL PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ATOLL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. ATOLL grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ATOLL and its partners for use in accessing the Service.
DISCLAIMER OF WARRANTIES
ALL INFORMATION PROVIDED ON ATOLL WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ATOLL AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ATOLL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEB SITE, EVEN IF ATOLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
The TOS constitute the entire agreement between you and ATOLL and govern your use of the Service, superseding any prior agreements between you and ATOLL. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and ATOLL shall be governed by the laws of Belgium. The failure of ATOLL to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.