Date Last Modified: September 11, 2014
ACCESS TO AND USE OF THE DATABASE AND THE INFORMATION CONTAINED IN OR PROVIDED THROUGH THE DATABASE IS FOR INFORMATION ONLY AND MAY NOT BE RELIED UPON FOR ANY PURPOSE. THE DATABASE IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, MEASUREMENT OR TESTING.
4. Obligations. You acknowledge that Atlas is solely a provider of the Database, only provides load testing data for informational purposes and such data should not be relied upon for any professional determinations. You understand the risks associated with the access to and use of the Database. You acknowledge and agree that you are using the Database at your sole risk and that you are personally responsible for verifying its suitability for your needs, including, without limitation, the accuracy and adequacy of any information provided through the Database. THE DATABASE IS NOT PROVIDED AS A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, MEASUREMENT OR TESTING. YOU REPRESENT AND WARRANT THAT ALL DECISIONS YOU MAKE ARE BASED ENTIRELY UPON YOUR PROFESSIONAL JUDGMENT, MEASUREMENT AND TESTING, AND GENERALLY ACCEPTED STANDARDS OF PROFESSSIONAL ENGINEERING.
5. Ownership. Although some material in the Database may be the intellectual property of a third party that Atlas has a right to use, you acknowledge that as between you and Atlas, Atlas owns all right, title and interest in, and retains any copyright and other intellectual property rights in and to the Database and all data and information provided on or through the Database by Atlas and its authorized vendors (for the avoidance of doubt, this expressly excludes any and all user-generated content). You acknowledge that the Database and the data provided through the Database are proprietary to Atlas and are protected by intellectual property and other laws. You must comply with all copyright, trademark, legal notices and similar restrictions. If you submit, post or upload any content, business information, ideas, data, concepts or inventions through the Database or to Atlas (by any means), you grant to Atlas a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sub-licensable (through multiple tiers) license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such content, business information, ideas, concepts or inventions in any media or medium, or any form, format or forum now known or hereafter developed. To the extent you are not the lawful owner of such rights, you represent and warrant that you have authority from the owner of such content or intellectual property to grant such rights to Atlas.
9. Limitation of Liability. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALLATLASAND THE OTHER RELEASED PARTIES BE LIABLE FOR DAMAGES EXCEEDING THE GREATER OF (A) THE FEES YOU PAID AND OWE TO ATLAS FOR THE DATABASE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES, OR (B) $50.00. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT.
19. Force Majeure. Atlas shall not be responsible for delays or failures of performance resulting from acts beyond the reasonable control of Atlas. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, lockouts, riots, acts of war, acts of terror, epidemics, government regulations, fire, communication line failures, power failures, earthquakes and other disasters.
21. Intellectual Property. If you find or suspect an intellectual property infringement (e.g. trademark, copyright), please report it to Atlas using the contact information located in Section 22 below and include the below information. Upon receiving such information, Atlas will investigate the matter.
· Your name, address, telephone number and email address so Atlas may contact you for further information.
· A description of the intellectual property in question.
· A description of where the intellectual property is located in the Database.
· If applicable, a statement by the owner that they believe the intellectual property in question was used without their permission.
Atlas Foundation Co., LLC
Attn: Database Administrator
11730 Brockton Lane North
Osseo, Minnesota 55369