Terms of Service


Your use of our service is governed by these terms.By using our website, you are accepting these terms.

THIS TERMS OF SERVICE CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMITCLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ATAEC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

ATAEC (“ATAEC,” “we,” “us,” “our”) provides its services (described below) to you (“you,” “user”) through its website located at www.ataec.com (the “Site”) and through its mobile applications (if any) and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).

Modifcation of Terms of Use.

Company reserves the right, at its sole discretion, to modify or replace any of the terms in these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an e-mail. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Notwithstanding the preceding sentences of this section, no modifcations to these Terms of Use will apply to any dispute between you and Company that arose prior to the date of such modifcation.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time or are hereby incorporated by reference into these Terms of Service.


About the Services Services Description:

The Services are designed as a platform to connect artists, communities, organizations, projects and visitors in order to GIVE AND RECEIVE CLASSES, THE TRANSMISSION OF KNOWLEDGE RELATED TO ART AND MINORITARIAN LANGUAGES, ARTISTIC SYNERGIES, CULTURAL PRESERVATION, ECOSOCIAL ACTION, NEW SUSTAINABLE MODELS AND ART around the world. Learners can contact and book experiences directly with teachers in order to be host.


Transactions between artists, communities, projects and learners and teachers:

ATAEC does not ofer or sell experiences directly, but instead facilitates the community experience directly between independent and collective artists. You acknowledge and agree that ATAEC is not a party to any experience transaction made through the Services. If you book an experience through the Services, you are contracting directly with the other party. ATAEC is not a broker or agent on behalf of any user (Visitor or Host), nor do we endorse any artist.

ATAEC has no control over the conduct of any user, including compliance with applicable laws; such responsibility remains with the respective users. While ATAEC endeavors to present accurate information (including photographs of places, hosts and pieces of art), ATAEC makes no guarantee, whether express or implied, regarding the state of a host property or that the experience will be suitable for you as a visitor. We do not, and cannot, verify with certain that the information provided by an artist is accurate and complete (including pricing information or availability), and we hereby disclaim all liability in this regard. Visitors may be subject to additional terms, conditions, and policies of a host in connection with their experience


Transactions between artists, buyers and organizations:

We are not responsable for the pieces of art on sale thru ATAEC, we are just a channel for connection betwen artists, fans, buyers and organizations. From each piece sold, 80% goes to the artists and 20% is used in administration expenses and internet payment fees.


Redeeming an Experience; Compliance with Local Law:

All experiences are redeemable solely for the applicable goods or services of the relevant host as described in the Services. Visitors agree and acknowledge that the host, not ATAEC, is the provider of the experience and the goods and services and is solely responsible for redeeming any experience which you have booked through the Services.


The following terms and conditions apply to all Experiences:

Use of alcoholic beverages or other substances subject regulation under the laws of the applicable locality is at the sole discretion of the Host and is subject to compliance with applicable law.

Users may not use vouchers, third party certifcates, coupons, or promotions in connection with a booking Experience thru ATAEC, unless vouchers to museums, galleries, teathers, schools or any event realted to art and/or minoritarian languages.

Experiences are personal to the Learners who have contact with the independent or collective artist or school in order to book an experience, and may not be transferred to third parties without the prior consent of a Host.

As a holder and issuer of the experience, the Host represents, warrants and agrees that it (I) has obtained all necessary permits, licenses and certifcations to hold and issue an Experience as required by applicable local law, (II) shall fully honor and redeem all Experiences which Host Accepts (defned below), and (III) shall be on the whole with the Visitor fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs sufered by or related to an Experience or caused in whole or in part the Host, as well as for any unclaimed property liability arising from unredeemed experiences or portions thereof. Each Host hereby waives, and releases and will hold harmless ATAEC and its of cers, directors, employees and agents from, any claim, liabilities, losses, damages, or injury arising from or related to any experience or any act or omission of Host in connection with an experience or the services or goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of Experiences or any portion thereof.


Use of Learners Information:

When a users access to the data base by paying the membership, we make certain information available to the parts (such as name, location and contact information) in order to facilitate the communication betwen learners and teachers and the exchange process.

By paying a membership users consents to ATAEC sharing the information of your profle with other artists, collectives and organizations all to the extent of the objectives of ATAEC. Users acknowledge and agree that they may not use or share such Personal Data with third parties. ATAEC shall not be liable for any use or misuse of a user’s information or Personal Data.


Accessing and Using the Services Your Registration Obligations:

You may be required to register with ATAEC in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information aboutyourselfaspromptedbytheServices’registrationform.Registrationdataandcertainotherinformationaboutyouare governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. If you are registering on behalf of a Host, you represent and warrant that you have the authority to bind such Host to these Terms of Service.


Member Account, Password and Security:

You are responsible for maintaining the confdentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (I) immediately notify ATAEC of any unauthorized use of your password or account or any other breach of security, and (II) ensure that you exit from your account at the end of each session when accessing the Services. ATAEC will not be liable for any loss or damage arising from your failure to comply with this Section.


Modifcations to Services:

ATAEC reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ATAEC will not be liable to you or to any third party for any modifcation, suspension or discontinuance of the Services.


General Practices Regarding Use and Storage:

You acknowledge that ATAEC may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on ATAEC’s servers on your behalf. You agree that ATAEC has no responsibility or liability for the deletion or failure tostore any data or other content maintained or uploaded by the Services.

You acknowledge that ATAEC reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ATAEC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


Mobile Services:

The Services includes certain services that are available via a mobile device, including (a) the ability to upload content to the Services via a mobile device, (b) the ability to browse the Services and the Site from a mobile device and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding ATAEC and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ATAEC account information to ensure that your messages are not sent to the person that acquires your old number.


Conditions of Use:

Receive Classes, Give Classes & Artistic Synergy (as applicable) agree to the following terms as a condition of accessing and using the Services:


Learners Fee:

As a learner user you agree to pay a membership that allawos you to acces to the contact details of the independent and collective artists, projects, organizations and communities. When you use the Services you may be required to provide ATAEC information regarding your credit card or other payment instrument in order to proceed . In doing so, you represent and warrant that such information is true and accurate and that you are authorized to use that payment instrument.


Artists Fee:

The frst three months of using the platform are free, these months are count since you open your account. As an artist you agree to pay a membership of 18 euros each 12 moths. Which allaws you to have a profle with all your artistic information, in order to host artists and learners, cocreate, transmit knowledge (give classes), collaborate, network with independent and collective artists, events, festivals, spaces and organizations, create events and sale your art.

When you use the Services you may be required to provide ATAEC information regarding your credit card or other payment instrument in order to proceed with the registration. In doing so, you represent and warrant that such information is true and accurate and that you are authorized to use that payment instrument.


Listing of Experiences:

ATAEC values your use of the ATAEC Services as a Host to make your Experiences available to our network of Visitors, we suggest you to ofer Experiences at prices no higher than generally advertised or ofered on other platforms, services, or media (including those owned or controlled by Host).

Fees are non-refundable except as set forth herein or in the Services. If you dispute any charges, you must let ATAEC know within sixty (60) days after the date that we charge you. If ATAEC terminates your account and use of the Service because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any).


Third Party Credit Card and Wire Payment Processors:

ATAEC securely accept credit card payments from users. By using the Services to process payment by credit card.


User Conduct:

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by ATAEC.

ATAEC reserves the right to investigate and take appropriate legal action against anyone who, in ATAEC’s sole discretion, violates this provision, including without limitation,removing the ofending content from the Services, suspending or terminating the account of such violators and reporting you to the lawenforcement authorities.


You agree to not use the Services to:

Email or otherwise upload any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) contains software viruses or any other computer code, fles or programs designedto interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (c) poses or creates a privacy or security risk to any person; (d) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (e) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (f) in the sole judgment of ATAEC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose ATAEC or its users to any harm or liability of any type; interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent your af liation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or ofer to sell or buy any goods or services for any business purpose that is not specifcally authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.


Special Notice for International Use; Export Controls:

Software (defned below) available in connection with the Services and the transmission of applicable data, if any, is subject to European Union export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of E.U export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.


Commercial Use:

Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.


Intellectual Property Rights Services Content, Software and Trademarks:

You acknowledge and agree that theServices may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ATAEC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply toyour own User Content (as defned below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering orextraction methods.

If you are blocked by ATAEC from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than asspecifcally authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of ATAEC, our af liates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted here in are reserved by ATAEC.

The ATAEC name and logos are trademarks and service marks of ATAEC (collectively the “ATAEC Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be af liated with or connected to ATAEC. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ATAEC Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of ATAEC Trademarks will inure to our exclusive beneft.


Third Party Material:

Under no circumstances will ATAEC be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ATAEC does not pre-screen content, but that ATAEC and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, ATAEC and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ATAEC, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.


User Content Transmitted Through the Services:

With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant ATAEC and its af liated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in any form, medium or technology now known or later developed (collectively “License’) in connection with the operation of the Services. Additionally, Hosts agree that ATAEC may use, and hereby grants and will grant to ATAEC the foregoing License in connection withthe promotion, advertising, or marketing of the Services.

You acknowledge and agree that thecontent of your profle and posts may be used in social media, difusion channels and media, also that questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to ATAEC are non-confdential and ATAEC will be entitled to the unrestricted use and dissemination of these Submissions for cultural, social, creative, commercial, or any purpose, without acknowledgment or compensation to you.

You acknowledge and agree that ATAEC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ATAEC, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


Copyright Complaints:

ATAEC respects the intellectual property of others, and we ask ourusers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ATAEC of your infringement claim in accordance with the procedure set forth below.

ATAEC will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

A notifcation of claimed copyright infringement should be emailed to ATAEC.

To be efective, the notifcation must be in writing and contain the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that youclaim has been infringed; a description of where the material that you claim is infringing is located on the Services, with enough detail that we may fnd it on the Services; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


Counter-Notice:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information:

Your physical or electronic signature; identifcation of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentifcation of the content; and your name, address, telephone number, and email address and a statement that you will accept service of process from the person who provided notifcation of the alleged infringement. We will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner fles an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

ATAEC may have sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


Third Party Websites:

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. ATAEC has no control over such sites and resources and ATAEC is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that ATAEC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that ATAEC is not liable for any loss or claim that you may have against any such third party.


Social Networking Services:

You may enable or log in to the Services via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized.

In addition, ATAEC is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, ATAEC is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. ATAEC enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.


Indemnity and Release:

You agree to release, indemnify and hold ATAEC and its af liates and their of cers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.


Disclaimer of Warranties:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATAEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ATAEC MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OROBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.


Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATAEC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATAEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTINGFROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THESERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ATAEC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ATAECIN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUEUSE OF THE SERVICE.


Dispute Resolution By Binding Arbitration:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.


Agreement to Arbitrate:

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and ATAEC, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through fnal and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and ATAEC are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.


Prohibition of Class and Representative Actions and Non-Individualized Relief:

YOU AND ATAEC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ATAEC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).


Pre-Arbitration Dispute Resolution:

ATAEC is always interested in resolving disputes amicably and ef ciently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at contact@ataec.com . If such eforts prove unsuccessful, a party who intends to seek arbitration must frst send to the other, by certifed mail, a written Notice of Dispute (“Notice”). The Notice to ATAEC should be sent to contact@ataec.com . The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specifc relief sought. If ATAEC and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or ATAEC may commence an arbitration proceeding. During the arbitration, the amount of any settlement ofer made by ATAEC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ATAEC is entitled.


User Disputes:

You agree that you are solely responsible for your interactions with any other user in connection with the Services and ATAEC will have no liability or responsibility with respect thereto. ATAEC reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.


General:

These Terms of Service constitute the entire agreement between you and ATAEC and govern your use of the Services, superseding any prior agreements between you and ATAEC with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use af liate or third party services, third party content or third party software.

The failure of ATAEC to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give efect to the parties’intentions as refected in the provision, and the other provisions of these Terms of Service remain in full force and efect. 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 Services or these Terms of Service must be fled within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of ATAEC, but ATAEC may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and haveno legal or contractual efect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.


Your Privacy:

At ATAEC, we respect the privacy of our users. By using the Services, you consent to our collection and use of personal data as outlined therein.


Questions? Concerns? Suggestions:

Please contact us at contact@ataec.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.