Website Terms Of Use

Last updated on November 8th, 2020

Overview

By accessing this website, you are agreeing that these terms of use (Terms) listed below and any other laws or regulations will apply to you. If you do not accept these Terms, you must not use this website. We reserve the right to change these terms and conditions at any time. Any changes will be effective immediately. Your use of this website after any changes to the Terms are publish, indicates your agreement to those new Terms.

Shane Herring operates this website.

Definitions

The terms “we”, “us”, and “our” refer to Atomic Education. The term the “Site” refers to atomiceducation.tech including all subdomains or subfolders. The terms “user”, “you”, and “your” refer to site visitors, members and any other users of the site.

Description of services provided

Atomic Education is a membership site providing online courses, resources, and other content relating to learning (the “Service”).

The use of atomiceducation.tech, including all materials presented herein and all online services provided by Atomic Education, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, subscribers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Parties agree that the Service is education. The scope of services provided by Atomic Education according to this Agreement are limited to those listed on atomiceducation.tech website. Atomic Education reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

Product description

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Payment and renewal

General terms

By selecting a product or service, you agree to pay Atomic Education the monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you subscribe and will cover the use of that service for a monthly or annual subscription period as indicated.

Automatic renewal

Unless you notify Atomic Education before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any applicable taxes) using any credit or debit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time by clicking the link on your Dashboard page, or by submitting your request to Atomic Education in writing. Renewal payments are not refundable.

Cancellations & refunds

We offer a 7 day money back guarantee should you be unhappy with the Service in your first 7 days of membership. To request a refund please contact support via email at support@atomiceducation.tech.

You may cancel your monthly or annual subscription at any time using the dashboard page. No refunds will be made for any membership fees already paid, excluding the 7 day money back guarantee as stated above.

Once you cancel you will continue to have access to the Service, including all content and community resources, for the remainder of the subscription period.

The 7 day refund period only applies to your first subscription and cannot be used more than once.

It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.

Support

All subscriptions include access to support via the members-only Forum or the Technical Support page. “Support” means the ability to make requests for technical support assistance via the forum at any time (with reasonable efforts by Atomic Education to respond within 3-5 business days) concerning the use of the Service. All support will be provided in accordance with Atomic Education standard services practices, procedures and policies.

Use license

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Atomic Education makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Atomic Education disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Account password and security

To use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Atomic Education will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree: (a) not to share your member account login credentials with others, (b) to immediately notify Atomic Education of any unauthorized use of your password or account or any other breach of security, and (c) to ensure that you exit from your account at the end of each session. Atomic Education cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Lawful purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Refusal of service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, Service, subject to us fulfilling our previous responsibilities to you based on acceptance person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or of your payment.

Order confirmation

Once payment is confirmed, you will be sent an email confirming your subscription including a payment receipt. In the event of an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Duration of agreement

Once your payment has been successfully processed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Atomic Education when there are reasonable delays in the access of the Service.
Atomic Education reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Monthly membership is for 30 day access of the Service. Annual membership is for 365 day access of the Service.

If for any reason, Atomic Education should dissolve or cease to exist, then your access to the Service terminates.

Exclusion of competitors

You will not use our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.

Our intellectural property

The Site and Service contain intellectual property owned by Atomic Education, including trademarks, copyrights, proprietary information, and other intellectual property. Atomic Education’s copyrighted, and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Atomic Education’s copyrighted materials shall remain the sole property of Atomic Education. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Limitation of liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ATOMIC EDUCATION IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ATOMIC EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ATOMIC EDUCATION’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ATOMIC EDUCATION, AND IF NO PURCHASE HAS BEEN MADE BY YOU ATOMIC EDUCATION’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Third party resources

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Atomic Education. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Effect of headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Governing law

Any claim relating to Atomic Education’s web site shall be governed by the laws of the State of Queensland, Australia without regard to its conflict of law provisions.

Severance

If any part of these Terms is found to be invalid, illegal, or unenforceable, it will not affect any other provision of these Terms. Rather, the invalid, illegal, or unenforceable provision shall be deemed severed from these Terms, and these Terms shall be enforced as if these Terms did not contain the invalid, illegal, or unenforceable provision.

Termination

We may stop providing this website or any of our services at any time and without notice.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the dispute cannot be resolved within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If any part of these Terms is found to be invalid, illegal, or unenforceable, it will not affect any other provision of these Terms. Rather, the invalid, illegal, or unenforceable provision shall be deemed severed from these Terms, and these Terms shall be enforced as if these Terms did not contain the invalid, illegal, or unenforceable provision.

Revisions and errata

The materials appearing on the Site could include technical, typographical, or photographic errors. Atomic Education does not warrant that any of the materials on its web site are accurate, complete, or current. Atomic Education may make changes to the materials contained on its web site at any time without notice. Atomic Education does not, however, make any commitment to update the materials.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Atomic Education

PO Box 2557

Toowoomba, Queensland

Australia

or via email below:

support@atomiceducation.tech

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