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Terms of Use

These Terms Of Use (the “Agreement”) is an agreement between you and ATM Link, Inc. (“ATM Link”) regarding your use of ATM Link’s web site, www.atm-link.com (“Web Site”) and constitutes your agreement without modification to all of the following terms, conditions, and notices.  ATM Link reserves the right to amend this Agreement at any time or as required by ATM processor(s), ATM network(s), ATM manufacturer(s), or any applicable laws.

Your Consent
By using this Web Site, you consent to the privacy notice of this Web Site (“Privacy Notice”) and this Agreement.  If you do not agree with the Privacy Notice or this Agreement, then your sole remedy is to discontinue to use this Web Site. 

Copyrights, Trademarks, and Infringement of Intellectual Property
The contents of the Web Site are the property of ATM Link, unless otherwise indicated, and are protected by copyright, trademark laws, and other proprietary rights.  All rights are reserved by ATM Link.  The contents of the Web Site may not be reproduced, modified, distributed, downloaded, uploaded, published, or transmitted without the prior written consent of ATM Link.  The trademarks, logos, and service marks displayed on the Web Site are the property of ATM Link and/or other parties.

ATM Link recognizes and respects the rights to intellectual property.  If you believe that any contents on the Web Site constitutes infringement of your intellectual property rights, please contact us.

Availability of Products and Services
The products and services described on this Web Site are available only in the United States and may not be available in all geographic areas.  Further, all products and services are subject to change without notice.

Prohibited Use
As a condition of your use of this Web Site, you warrant to ATM Link that you will use this Web Site for lawful purposes only.  Further, you may not use this Web Site for the following purposes:  (i) any manner that may damage, disable, overburden, or impair ATM Link or this Web Site, (ii) interfere with any other party’s use and enjoyment of this Web Site, (iii) transmit any content that is illegal, offensive, or defamatory, (iv) access this Web Site from territories where such access is illegal, (v) any manner that infringes our rights or the rights of others, (vi) if you are suspended or terminated from using this Web Site or our products and services (either by us or as required by law), or (vii) transfer your account to another party without prior written consent from ATM Link.

Username and Password
You may be subject to creating a username on this Web Site.  To create such username and/or to access certain portions of the Web Site, you will need to provide specific information.  You warrant that all information provided by you will be true and correct, and that you will not use any means to mask your identity.  Further, you are solely responsible for the security of your username and password, and therefore, you will be solely liable for any use or unauthorized use of your username and password.

Your Orders
Unless otherwise specifically stated to the contrary, All prices and discounts for our products or services are exclusive of applicable service and shipping charges and federal, state, and local taxes.  All products and services offered are subject to availability, delivery, and times.  Offers cannot be combined and may be restricted to blackout period.  Prices and charges are subject to change without notice.  Void where prohibited.  For any questions, concerns, or to learn the specificity of certain deals provided on the Web Site, please contact us.

ATM Link reserves the right, in its sole discretion, to refuse to accept and process, any and all order(s) by you, including, without limitation, ATM Link’s right to refuse the acceptance of promotional offers or discounts.

Suspension or Termination
ATM Link reserves the right, in its sole discretion, to limit, suspend, or terminate your account at any time and for any reason, including, without limitation, your username and password.  For example, we may take such action in the event that you are creating a possible legal liability (e.g., infringement of intellectual property rights), you are violating any part of the Privacy Notice or this Agreement, or if your account has been inactive for a long period of time.

Links to Other Internet Sites
This Web Site may contain links to other web sites that are operated by third parties.  ATM Link provides these links as a convenience for this Web Site’s users.  The third-party web sites are not under the control of ATM Link, and ATM Link is not responsible for the contents available on them.  Such links do not imply ATM Link’s endorsement or approval of any material, product or service provided or sold on such web sites.  It is your responsibility to take precautions to ensure that material selected from such linked sites is free of such items as viruses.  ATM Link IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF SUCH LINKED WEB SITES OR REFERECE TO OR RELIANCE ON INFORMATION CONTAINED THEREIN.

Warranties (None), Disclaimers, and Liability
USE OF THIS WEB SITE AND ITS CONTENTS ARE AT YOUR SOLE RISK.  ATM LINK MAKES NO REPRESENTATIONS AND DOES NOT ASSUME ANY RESPONSIBILITY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, DELAYS, ERRORS, OMMISSIONS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS CONTAINED ON THIS WEB SITE.  ALL INFORMATION PROVIDED ON THIS WEB SITE IS “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, AND NON-INFRINGEMENT.  ATM LINK DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ATM LINK IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF USE, REFERENCE, OR RELIANCE ON INFORMATION ON THE WEB SITE.  IN NO EVENT WILL ATM LINK, ITS CONTRACTORS, VENDORS, EMPLOYEES, OFFICERS, AGENTS, AND ATM PROCESSOR(S) BE LIABLE UNDER ANY FORM OF ACTION, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEB SITE, CONTENTS OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEB SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY. 

TO THE MAXIMUM EXTENT PERMITTED BY APPICABLE, LAW, IN NO EVENT SHALL ATM LINK, ITS CONTRACTORS, VENDORS, EMPLOYEES, OFFICERS, AGENTS, AND ATM PROCESSOR(S) BE LIABILE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF US, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE OR THE PRODUCTS, SERVICES, AND RELATED GRAPHICS PROVIDED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ATM LINK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES AND/OR JURISIDCTION DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND IN SUCH EVENT, LIAIBLITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You hereby acknowledge that this section shall apply to all contents of this Web Site, including all products and services.

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMESS ATM LINK, ITS CONTRACTORS, VENDORS, EMPLOYEES, OFFICERS, AGENTS, AND ATM PROCESSOR(S) FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES, BROUGHT BY ANY THIRD PARTY ARISING OUT OF, RELATED TO, OR RESULTING FROM YOUR USE OF THE WEB SITE THAT IS IN VIOLATION OF THE PRIVACY NOTICE OR THIS AGREEMENT.

Modifications
ATM Link reserves the right to change this Agreement and modify the contents of the Web Site without notice.

Governing Law
This Agreement and any disputes arising out of or relating to this Web Site shall be governed by the laws of the State of Texas, without regard to principles of conflicts of laws.  You hereby irrevocably and unconditionally consent and submits to the in-person jurisdiction of any state court in Houston, Harris County, Texas having jurisdiction over matters relating to this Agreement.  If such jurisdiction is not valid for any reason, then you hereby consent to the exclusive jurisdiction of courts sitting in the State of Texas.  Such courts shall be the exclusive forum for the resolution of any and all disputes between you and ATM Link.

Notices
All notices and other documents required or permitted under this Agreement or related to this Agreement shall be served onto ATM Link at:  ATM Link, ATTN:  Web Site Notice Requirement, 11000 South Wilcrest Drive, Suite 135, Houston, Texas 77099.

Relationship
Nothing in this Agreement shall be deemed nor shall it cause you and ATM LINK to be treated as employer and employee, principal and agent, partners, joint venturers, or otherwise as joint associates for profit.

Severability

If any part or parts of this agreement shall be held invalid or unenforceable for any reason, the remainder of this agreement shall continue in full force and effect.  If any provision of this agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

Entire Agreement
This agreement constitutes the entire agreement between you and ATM Link with respect to the use of this Web Site, and supersedes any and all prior or contemporaneous communications, understanding, proposals, or representation of any kind preceding the date of this agreement between you and ATM Link with respect to this Web Site.

General
A printed version of this agreement shall 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.


Modified & Effective Date:   September 30, 2013