Users of www.atlasone.ca (the “Portal” or “Site”) may open an account as an “Issuer” (a private company seeking investments and offering securities on the Portal) or as an “Investor” (who has opened an investor account with Atlas One), or they may view that portion of Contents (broadly defined as any information, text, graphics or other materials uploaded, downloaded or otherwise appearing on the Site) accessible to the general public. The only people who are authorized to create accounts on the Site are those who understand legal terms and risk and are willing to bear the consequences.
Investment opportunities on the Platform are only intended for investors who are sophisticated enough to protect their own interests and can tolerate risk of capital loss. While Atlas One applies its own criteria in assessing applications by Issuers to list their offerings (“Offerings”) on our Site, Investors must conduct their own due diligence of an Issuer and its Offering and must verify all information on their own when making investment decisions. Atlas One does not, and cannot, guarantee that any Content on the Site is accurate or complete.
GENERAL USERS: Certain portions of the Site will be visible to users who have not signed up as either Issuers or as Investors. Those users, nevertheless, are bound by this Terms of Service. Issuers should note that Offerings on the Site are generally viewable by the general public.
By using any Services, including by simply viewing Content on the Site, you are agreeing that you, and each person you allow to access Atlas One through your account, will abide by these Terms of Service (“Agreement”). This Agreement is between you and Atlas One Digital Securities Inc., and it governs your access to and use of the services, websites, and applications offered by Atlas One (the “Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with this Agreement.
By accessing the Site (by invitation or otherwise) or by communicating with Issuers, Investors and other users, you agree to (i) ensure at all times that information about you or provided by you (i.e., your Content) is true, accurate, current, complete and not misleading; and (ii) promptly comply with Atlas One’s request for specific action(s) or additional Contents. You are responsible for all activities that occur under your account. Atlas One may revoke your access to the Services (including the Site) at any time it determines that (a) you fail to fully comply with the foregoing obligations or with any provision of these Terms of Services, or (b) your action or inaction on the Site or in connection with the Services is inconsistent with Atlas One’s mission as a funding portal to ensure transparent, compliant and good faith crowdfunding offerings and investment on and through its Site.
When using our Site and Services, you are promising not to violate these Terms of Service. Aside from your Contents, all information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by Atlas One. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
Furthermore, you shall not disclose any Contents received through the Services to any third parties or use such Contents for any purpose other than seeking capital or assessing a potential investment.
The Services may invite you to participate in discussion forums viewable by the general public, or participate in blogs, message boards, and other functionality and may provide you with the opportunity to create, submit, post, transmit, publish or distribute Content to/via the Services. Any such material you transmit to the Site or otherwise through the Services will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted or offered to the Company in connection with the use of the Services or otherwise, and any chat, blog, message board, online forum, text, email or other communication with the Company, shall deemed to have been licensed to the Company on a nonexclusive, worldwide, royalty-free, perpetual basis.
Furthermore, you cannot have any expectation that Atlas One evaluates, confirms, endorses, or otherwise stands behind any Content(s) provided by any Issuer or its Offering. You may not treat any email or other information you receive as a result of your access to the Services as a representation of any kind by Atlas One on which you should rely.
Atlas One is not qualified to provide legal, accounting or investment advice, and no information provided to you by Atlas One, its staff or its affiliates, can be so construed.
By using our Site and our Services, you agree and acknowledge in each instance that Atlas One is not a party, a beneficiary, an agent or otherwise a responsible entity for any matter whatsoever with respect to any investment between an Investor and an Issuer.
Atlas One shall not be held liable to any party for any costs or damages arising out of or related to such transaction. Unless otherwise required by laws, Atlas One retains sole discretion to reject or accept any application from any Issuer or Investor or user to participate on the Site, for any reason or no reason at all.
As required of all Atlas One users, you will not, in connection with the Services or while engaging with the Atlas One community:
Prior to gaining access to certain Services on the Site, Atlas One will require you to set up a username and password (the “Password(s)”) as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by Atlas One from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by Atlas One at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform Atlas One immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
Gaining access to certain services will require you to use a digital wallet. The private keys associated with the digital wallet will be your sole responsibility. Do not share your private key information with anyone.
We may amend this agreement at any time in our sole discretion, effective upon posting the amended Terms at the domain of www.atlasone.ca where the prior version of this agreement was posted, or by communicating these changes through any written contact method we have established with you. Your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments.
The failure of the Company to require or enforce strict performance by you of any provision of this agreement or to exercise any right under this agreement shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. In fact, the Company may choose to enforce certain portions of this agreement more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with all this agreement as so interpreted.
You and the Company agree that if any portion of this agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
This agreement is between you and the Company. No user has any rights to force the Company to enforce any rights it may have against any you or any other user, except to the extent that Entrepreneurs may enforce their own intellectual property rights related to Content offered through the Services.
You agree to defend, indemnify and hold harmless Atlas One and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR THE SERVICES ARE BEING PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OF THE CONTENTS. YOU ACKNOWLEDGE THAT THE CONTENTS HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY ATLAS ONE, AND AGREE THAT ATLAS ONE DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE CONTENTS AND FURTHER AGREE THAT ATLAS ONE HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS, WHETHER PROVIDED BY ATLAS ONE OR ITS LICENSORS.
ATLAS ONE, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENTS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ATLAS ONE PROVIDES THE SERVICES “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND.
WE MAKE NO REPRESENTATION THAT THE CONTENTS ON THIS WEB SITE CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THIS WEB SITE FROM A LOCATION OUTSIDE THE CANADA, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
NEITHER ATLAS ONE NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE CONTENTS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF ATLAS ONE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.