www.atawall.com is operated by Atawall LLC (“Atawall”) with registered address at 7901 4th st STE 300 St Petersburg FL 33702.
Please review the following basic rules that govern your use and access of the Site (the "Agreement"). Please also note that your use or access of the Site constitutes your unconditional agreement to follow and be bound by this Agreement. If you do not accept all of the terms of this Agreement, please do not use or access the Site.
1.2 Please be advised that your use and/or access to the Site are also subject to any terms and conditions applicable to certain specific Member Services (defined below). In the event of any conflict or inconsistency between the aforesaid terms, conditions and information and the terms and conditions applicable to that specific Member Service, the terms and conditions applicable to the specific Member Service shall prevail.
1.3 Member Services means a certain feature or function that Atawall reserves for only certain paying Users who undergo a specific registration or verification process. The contents and fee structure of such Member Services shall be determined by Atawall independently and reported to the applicable Users from time to time and at any time through a notice posted on the Site, email or other means.
1.4 You acknowledge and agree that Atawall may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms apply to you.
1.5 If Atawall has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Atawall.
2. The Use of the Site
3. About the publications
3.1 Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to Atawall.
3.2 You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that Atawall shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.
3.3 Each User understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each User agrees that the User who uploads or lists that content and information on the Site shall be solely responsible for any violation of third party rights. The Site and Atawall shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.
3.4 When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, Atawall may disclose the User's identity and contact information. User agrees not to bring any action or claim against Atawall for such disclosure.
3.5 The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using such sites. You acknowledge that Atawall has no control over such third parties' web sites, does not monitor such web sites, and Atawall shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
4. Transactions between the Buyers and Sellers
4.1 Each User understands and agrees that Atawall is not a traditional seller or mart. Through the Site, what Atawall provides is only an online platform or venue for information exchange and transaction between buyers and sellers, including electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online subject to the Registration Agreement. Although Atawall will monitor the regular operation of the Site to fulfill its duty of care, Atawall does not review and check each item of posted content and listing to search for infringement or illegal activity.
4.2 Despite the Terms, no agency relationship will be created between Atawall and any seller or buyer concerning the listing and transaction, whether or not such transactions are entered into via the Site.
4.3 User hereby acknowledges that although Atawall tries its best to provide Users with accurate information and listings posted by sellers, and do general verifications of the identity of sellers, there are still risks associated with purchasing from parties online. Therefore, we encourage you, the users of the Site, to use relevant tools available, reasonable judgment and common sense when making a deal online.
4.4 In no event shall Atawall be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement by sellers.
4.5 The users (including the seller and buyer) agree to release and indemnify Atawall and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the Site.
5. Limitation of Liability
5.1. To the maximum extent permitted by law, this Site is provided by Atawall on an "as is", "as available" and "with all facts" basis. Atawall makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, Atawall hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Atawall disclaims any and all warranties, express or implied, for any merchandise offered on this Site. All such warranties, representations, conditions and undertakings are hereby excluded. You acknowledge, by your use or access of the Site, that your use or access of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.
5.2. Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Atawall or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Atawall has been advised of or should have known of the possibility of such damages.
5.3. In addition, in no event shall Atawall be liable for damages stemming from any one of the following, no matter it is special, direct, indirect, punitive, incidental or consequential damages, or related to contract, negligence, tort or otherwise:
a) Any disputes related to goods, services, or information purchased or obtained from a seller or a third-party via the Site, including, but not limited to, disputes about quality, safety, warranty, lawfulness or availability of such goods, services or information;
b) Any violation of Third Party Rights on the Site;
c) Unauthorized access to data or private information of any User on the Site; or
d) Statements or conducts of any User of the Site.
5.4. Notwithstanding any of the foregoing provisions, if Atawall, our employees, agents, affiliates, representatives or anyone acting on our behalf is found to be liable, our liability will not exceed the commissions paid by you in connection with your use of the Site during the three month period preceding the date on which the claim arose.
5.5. Atawall shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (1) the use or the inability to use the Site or Services, (2) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the site, (3) any violation of third party rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants, (4) unauthorized access by third parties to data or private information of any User, (5) statements or conduct of any User of the Site, or (6) any matters relating to Services, however arising, including through negligence.
5.6. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Atawall has been advised of or should have been aware of the possibility of any such losses arising.
You agree to defend, indemnify and hold Atawall and its affiliate, directors, officers and employees harmless from and against any and all losses, claims, liabilities, damages, costs and expenses, including attorneys' fees, arising from or related to (1) your use of the Site, (2) your breach of any representations and/or warranties made by you to Atawall and (3) claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site.
7. Force Majeure
Under no circumstances shall Atawall be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
8. Copyrights, Trademarks and Other Intellectual Property Rights
8.1 Unless otherwise noted, all contents on the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Atawall or one of its affiliates and are protected by international copyright, patent, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of Atawall and is also protected by international copyright, patent, trademark and other intellectual property laws.
8.2 Atawall and its suppliers and/or licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Atawall's or any third party's intellectual property rights. The Atawall names and logos and all related product and service names, design marks and slogans are the trademarks of Atawall. All other marks are the property of their respective companies. No trademark, service mark or logo license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. The unauthorized use of these names, logos or marks is strictly prohibited.
8.3 References on this Site to any names, marks, products or services of third parties or hypertext links to third party Site or information are provided solely as a convenience to you and do not in any way constitute or imply Atawall's endorsement, sponsorship or recommendation of the third party, information, product or service. Atawall is not responsible for the content of any third party site and does not make any representations regarding the content or accuracy of material on any such site. If you decide to link to any such third party web sites, you do so entirely at your own risk.
10.1 Except as explicitly stated otherwise, all notice or demand to or upon Atawall shall be in writing and delivered to Atawall by email to the following address: [email protected].
10.2 All notices or demands to or upon a User shall be effective if delivered personally, by e-mail to the e-mail address provided to Atawall during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (1) Atawall is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (2) immediately upon Atawall posting such notice on an area of the Site that is publicly accessible without charge.
10.3 You agree that all agreements, notices, demands, disclosures and other communications that Atawall sends to you electronically satisfy the legal requirement that such communication should be in writing.
11.2 This Agreement represents the complete agreement between the parties with respect to your use of the Site and Services and supersedes all prior written or oral agreements and representations between the users and Atawall related to the same subject matter.
11.4 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
11.5 The failure of Atawall to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Atawall's rights with respect to such breach or any subsequent breaches.
11.6 Atawall and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms.
11.7 Atawall's failure to enforce any right or failure to act with respect to any breach by you of the Terms will not constitute a waiver of that right nor a waiver of Atawall's right to act with respect to subsequent or similar breaches.
11.8 Atawall may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.
11.9 All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
11.10 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.