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ATPI Website Terms of Use

The Sites are operated by ATPI Limited, a company registered in England and Wales, with its registered office at Space One, 1 Beadon Road, Hammersmith, London, W6 0EA (“ATPI”), irrespective of where you reside.

  1. Use of Site

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING THE SITE. By accessing or using the Site, you acknowledges that you have read, understand and agree to be bound by these Terms of Use, and the applicable law. These Terms of Use contain your rights, obligations and restrictions when using the Site. If you does not agree to these Terms of Use, please do not use or access the Site.

Our privacy statement is incorporated into these Terms of Use by this reference, further describes the collection and use of information on the Site and in the provision of ATPI services and the use of cookies. To read more about how ATPI deals with your information and the use of cookies, please have a look at ATPI's privacy statement, available here.

You may use the Site, and the information, writings, images and/or other works that can be seen, heard or otherwise experienced on the Site (singly or collectively, the "ATPI Content") solely for non-commercial, personal purposes and/or to learn about ATPI's products and services. No right, title or interest in any ATPI Content is transferred to you, whether as a result of downloading such ATPI Content or otherwise.

ATPI may update and change the Site and the ATPI Content from time to and will try to give you reasonable notice of any major changes. ATPI reserves the right to modify these Terms of Use at any time without prior notice. Use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified.

  1. Restrictions on use

You agree to use the Site only for lawful purposes. You agrees not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the ATPI Content or interfere with the rights of third parties. You agrees not to change or delete any ownership notices from any materials downloaded, printed or otherwise obtained via the Site; not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any ATPI Content available through the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page and are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

  1. Intellectual Property

ATPI is the owner or the licensee of all intellectual property rights in our Site, and in the ATPI Content published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

All ATPI Content on the Site is a collective work under the United Kingdom and other copyright laws and is the proprietary property of ATPI. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

  1. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience. By using these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ATPI of the third party, the third-party web site, or the information contained therein. ATPI is not responsible for the availability, content or policies of any such web sites and access such third party websites is solely at your own risk.

  1. Disclaimer of Warranties

Although care has been taken to ensure the accuracy of the information on the Sites, ATPI assumes no responsibility therefor. The Sites and the ATPI Content are provided ‘as is’ and ‘as available’ and without any warranties of any kind.

ATPI does not represent or warrant that the Sites will always be available, be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server that makes the Site available is free of viruses or anything else harmful.

To the fullest extent permitted by law, ATPI disclaims all warranties, express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as to the operation of the Site, use of the Site and the ATPI Content. ATPI may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons and will try to give you reasonable notice of any suspension or withdrawal.

  1. Limitation of Liability

ATPI do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

ATPI exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any ATPI Content on it.

IN NO EVENT WILL ATPI NOR ITS AFFILIATES, SUPPLIERS AND/OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING UNDER OR IN CONNECTION WITH: (I) THE USE OF OR INABILITY TO USE THE SITE, OR THE ATPI CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE OR AS A RESULT OF YOUR ACCESSING OR USE OF THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, AND/OR THE ATPI CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, OR THE ATPI CONTENT, EVEN IF ATPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, THE ATPI CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

ATPI’ AGGREGATE LIABILITY FOR ANY ONE OR MORE CLAIMS ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW BUT IN NO EVENT SHALL EXCEED £50.00 AS THE CASE MAY BE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

NOTWITHSTANDING THE ABOVE, NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS 'ATPI’ LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, OR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

  1. Indemnification

You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless ATPI, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of use, misuse of the Site, the ATPI Content, violation by you of these Terms of Use, any law or the rights of any third party.

  1. General Provisions

Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ATPI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Site, in particular the ATPI Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ATPI therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the ATPI Content at any time without prior notice. ATPI does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Severability. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

Notices. Any notices to be sent to ATPI in connection with these Terms should be sent to Legal@atpi.com.

Choice of Law/ Choice of Forum. The Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

VERSION: September 2018