A.T.I. COLOR, INC.
WEBSITE TERMS AND CONDITIONS

A.T.I. COLOR, INC. (“ATI”) WELCOMES YOU TO ITS WEBSITE!

PLEASE READ CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS AND THE PRIVACY POLICY BEFORE CREATING AN ACCOUNT, USING THIS WEBSITE AND/OR PURCHASING ANY PRODUCTS FROM THIS WEBSITE.

Acceptance. Any use of and all product orders completed through this website shall be governed by this Agreement (this “Agreement”). This Agreement, together with the privacy policy, constitute a binding agreement between you and ATI and are deemed accepted by you through your access and continued use of this website. This Agreement, including the privacy policy, may be changed at any time at the sole discretion of ATI and without notice to you. Your continued access and use of this website constitutes your acceptance of any such modifications. Therefore, review this Agreement and the privacy policy periodically. ATI shall accept orders, sell products, and do business through this website, only upon the terms and conditions of this Agreement.

Privacy Policy. The specific terms and conditions of ATI’s privacy policy are set forth in a separate document accessible on the home page of this website. Such privacy policy is expressly incorporated herein, and constitutes part of this Agreement.

1. Copyright and Trademark Notice and Use.

The content contained on this website (the “Content”) is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by ATI or third parties that have licensed their content to ATI. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may not, without the prior written permission of ATI, “mirror” on any other server any material contained on this website. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of ATI. The trademarks, logos and service marks (the “Marks”) displayed on this website are owned by ATI or third parties. You are prohibited from use of those Marks without the express, written permission of ATI or such third party.

You will not use this website in a manner that is illegal or otherwise inconsistent with this Agreement. ATI reserves the right to restrict, suspend, or terminate your access to this website without notice for any reason ATI believes is reasonable, including, but not limited to, your violation of this Agreement or illegal or offensive activity. You agree that you will only access this website through the interfaces provided and agree not to reverse engineer or otherwise hack this website, take any actions that damage this website or its security, or interfere with other user’s use of this website.

2. Accounts.

  • To order products from this website, you will have to create an account through this website. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ATI immediately of any breach of security or unauthorized use of your account. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.

  • ATI may suspend or terminate your account and your ability to use this website for failure to comply with this Agreement.

  • You may only maintain one registered user account. ATI reserves the right to verify any information you submit when registering for an account.

  • You will need to maintain equipment, software and Internet access necessary to access and use the features made available via this website, as well as to request and access any copies of this Agreement or Privacy Policy.

3. ATI’S REPRESENTATIONS AND WARRANTIES.

ATI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE AND THE CONTENT. ANY USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THIS WEBSITE AND MAY BE MADE AT ANY TIME. SOME CONTENT ON THIS WEBSITE MAY BE PROVIDED BY THIRD PARTIES AND ATI WILL NOT BE HELD RESPONSIBLE FOR ANY SUCH CONTENT PROVIDED BY THIRD PARTIES.

ATI DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THIS WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF DATA, ATI WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THIS WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ATI, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

4. ATI’S LIMITATION OF LIABILITY.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OF THIS WEBSITE OR WITH THIS AGREEMENT, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IN NO EVENT WILL ATI OR ANY THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR (1) ANY INACCURACY IN OR FAILURE OF THIS WEBSITE OR CONTENT; (2) ANY LOSS OR DAMAGE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE CONTENT, ANY DOWNLOAD OR USE MADE OF THIS WEBSITE, OR OCCASSIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THIS WEBSITE. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ATI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

5. Links to Other Sites.

This website may contain links to third party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by ATI of the contents on such thirdparty websites. ATI is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

6. Indemnity.

You agree to defend, indemnify, and hold harmless ATI and its respective officers, directors, employees and agents, from and against any and all damages, injuries, liabilities, costs, fees, fines, penalties, claims, actions, demands or expenses, including without limitation reasonable legal and accounting fees, alleging, in anyway related to or resulting from (i) your use of this website or the Content, or (ii) your breach of this Agreement.

7. Purchase of Products Through This Website.

  • Products. ATI offers premium products for professional use. Individual product descriptions are claims of the manufacturer and/or distributor and are not guaranteed to be accurate by ATI. Please note that while ATI has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

  • Price. Except where otherwise noted, the list price displayed for any product purchased represents the full price, minus any sales tax, of the product. Price and availability information is subject to change without notice. Mistakenly posted prices and/or options on this website do not obligate ATI to the incorrect prices and/or options. You are responsible for any federal, state, or local taxes or other governmental charges upon or with respect to the sale, purchase, manufacture, delivery, storage, processing, use, or consumption of any of the products provided hereby. You shall pay to ATI all fees, duties, licenses, and all sales, use, privilege, occupation, excise or other taxes (federal, state, local or foreign) which ATI is required to pay or collect in connection with furnishing the products to you. Prices are stated and payable in U.S. dollars.

  • Availability. If a product is backordered, we will notify you via e-mail. Backorders will be filled before new orders when the backordered products become available.

  • Shipping and Handling.

    • Shipping and handling charges are based on total price of your order. Oversized or heavy items may incur additional shipping costs and will be calculated upon preparing the order. We will notify you if there is an increase in the shipping charge for your order prior to billing and shipping.

    • All products purchased through this website will be shipped via Federal Express Ground in the continental United States.

    • Allow 4-10 business days for delivery of non-backordered items in the continental United States.

    • Entire orders will be shipped together if possible.

E. Payment Terms. Items ordered through this website shall be paid for with MasterCard, Visa, Discover, Debit Cards, or PayPal. ATI does not accept C.O.D. shipments. Credit cards will be charged when an order for products is placed.

F. Returns and/or Exchanges.

i. To obtain preauthorization for a return and/or exchange, please call our technical support department at (920) 432-0200 and one of our customer service representatives will assist you. Please have your account number and invoice number available. We are open Monday - Friday between the hours of 8:00 a.m. and 5:00 p.m. CST and closed on Saturday and Sunday.

ii. Returns must be postmarked no later than thirty (30) days from the original shipment date. Returns and exchanges must be in new condition and must include all instructions and original packing material. You pay all return shipping charges. A copy of your packing list must be included with all returns.

iii. All mixed paint colors are considered custom and are nonreturnable. ATI assumes no liability for color match problems after the coating has been applied.

iv. Original shipping and handling charges are nonrefundable. Returns and exchanges must be preauthorized by us. All returns are subject to a fifteen percent (15%) restocking fee. The re-stocking fee will be deducted from the original amount billed and the remaining balance will be credited through your original payment method.

v. If you received an incorrect item no extra charges will be incurred. We will replace incorrect items and pay the additional shipping charge.

vi. Please allow fourteen (14) days for us to receive and process your return. We will credit or refund the value of the item and any taxes you were charged (excluding delivery charges). To assure fast, accurate processing of your return, be sure to make a copy of your original order that came with the merchandise and enclose it with the returned merchandise. Use the original packaging if possible and remove or cover the original shipping label.

vii. Please send all returns and/or exchanges to: A.T.I. Color, Inc., 905 Klaus St., Green Bay, Wisconsin 54302.

G. Refusal. We reserve the right to refuse to sell to anyone for any reason.

8. Export Control.

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

9. Notice of Infringement.

COPYRIGHT: ATI respects the intellectual property rights of others. It is ATI’s policy, at its discretion and when appropriate, to remove the advertisements or other Content of third parties where such advertisements and/or Content may infringe the copyrights of others.

To submit a copyright infringement notification to ATI, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the below-specified Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

ATI’s Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email:
info@aticolor.com


By Mail:
DMCA Designated Agent
Attn: Legal Department
905 Klaus Street
Green Bay, WI 54302

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT CERTAIN MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice.

NOTE: This information is provided exclusively for notifying the service providers referenced above that your copyrighted material(s) might have been infringed. All other inquiries, including technical requests, reports of e-mail abuse, and third party reports of piracy, will not receive a response through this process.

TRADEMARK/OTHER INTELLECTUAL PROPERTY: The foregoing process applies to copyright only. If you wish to provide notice of any Trademark or other Intellectual Property Rights infringement, please report the same to ATI by email at info@aticolor.com

OFFENSIVE MATERIAL/OTHER VIOLATION: In all other cases, if you discover Content that: violates any of your other rights; you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence; constitutes impersonation, harassment, or spam; or otherwise violates this Agreement or applicable law, please report this to ATI at info@aticolor.com

10. Term and Termination.

This Agreement will remain in full force and effect while you are a user of this website. ATI spends valuable resources to provide this website, and your access and use of this website is a privilege and not a right. ATI reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your access to this website and immediate termination of your registration with or ability to access this website and/or any other services provided to you by ATI, upon any breach by you of this Agreement. Even after you are no longer a user of this website, the provisions of this Agreement will remain in effect. You agree that ATI will not be liable to you or any third party for any termination of your access to this website.

11. Contact Information.

ATI is located 905 Klaus Street, Green Bay, Wisconsin 54302. For general inquiries about ATI, please email mike@aticolor.com and for any problems with this website, please email info@aticolor.com

To the extent that ATI needs to contact you, you agree that ATI may do so via any electronic means, including, but not limited to, communicating with you via email.

12. Governing Law; Forum; Venue.

By accessing this website, you acknowledge and agree that all matters relating to access and use of this website shall be governed by the applicable laws of the State of Wisconsin (without regarding to conflict of laws principals) and federal laws of the United States.

13. Dispute Resolution.

Any and all disputes relating to your use of this website, whether brought by you or ATI, shall be brought and prosecuted exclusively in the Brown County Circuit Court, Green Bay, Wisconsin, or the United States District Court for the Eastern District of Wisconsin, Green Bay, Wisconsin. You further agree to voluntarily and exclusively submit to the personal and subject matter jurisdiction and venue of such courts, and you waive any and all rights to object to such jurisdiction and venue and/or to remove any action to another venue.

14. Severability.

Should any part of this Agreement be declared invalid or unenforceable, the remaining portion shall remain valid and in full force and effect.

All rights not expressly granted herein are reserved.

Copyright 2016 A.T.I. Color, Inc. All Rights reserved.

December 2016

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