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These Terms of Use apply to Your use of the Atlas Financial Holdings, Inc. Website, the Atlas Financial Holdings, Inc. Producer Portal and/or any other or similar secure Atlas website(s), web pages or portal(s) that requires an account with login credentials.

Definitions

For purposes of these Terms of Use, the following definitions apply to these capitalized words and phrases:

  • The words “Affiliate” or “Affiliates” refers to any entity that controls, is controlled by, or is under common control with, Atlas Financial Holdings, Inc.
  • The words “Atlas”, “Our”, “We”, or “Us” mean Atlas Financial Holdings, Inc. and its Affiliates.
  • The phrase “Permitted Purposes” means any legitimate personal or business related purpose of the user, which is: (i) related to the Services sold and provided by Atlas; and (ii) not otherwise restricted or prohibited by law and/or under these Terms.
  • The word “Portal” refers to the Producer Portal and/or any other or similar Atlas websites, Atlas web pages, and Atlas web portals requiring an account with log in credentials.
  • The words “Service” or “Services” mean the insurance and related services or products reviewed, accessed, provided and/or purchased on or through the Website.
  • The word “Terms” refers to these Terms of Use and includes all conditions and notices set forth herein.
  • The word “Website” refers to the site and web pages comprising the Atlas Financial Holdings, Inc. website at https://atlas-fin.com, the “Portal”, and all associated and/or related Atlas websites, web pages and web portals.
  • The words “You” or “Your” mean the visitor to, and/or the user of, the Website and/or of any Services.

NOTE: Other definitions of words and phrases are provided below within the Terms.

Application of the Terms of Use

These Terms are a binding agreement and legal contract between You and Us, and apply to Your use of the Website and/or the Services.

The Website, Portal, and/or the Services are available for Your use, subject to Your acceptance, without modification, of these Terms. These Terms apply to all visitors, users and others who browse, view, access or use the Website, Portal, and/or the Services.

READ THESE TERMS CAREFULLY BEFORE ACCESSING, BROWSING, VIEWING OR OTHERWISE USING THE WEBSITE, PORTAL, AND/OR ANY SERVICES. UPON ACCESSING, BROWSING, VIEWING OR USING THE WEBSITE, PORTAL, AND/OR ANY SERVICES, YOU AGREE, CERTIFY AND CONFIRM THAT: (1) YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (2) YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY, AND TO ABIDE BY THESE TERMS. YOU ARE NOT PERMITTED TO USE THE WEBSITE, OR ANY SERVICES, IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR LEGAL RIGHTS UNDER THESE TERMS, INCLUDING RIGHTS REGARDING DISPUTES YOU MAY HAVE WITH US OR WITH THESE TERMS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Changes to the Terms

Atlas reserves the right, in its sole and exclusive discretion, to modify, amend or change these Terms. These changes may include, but are not limited to, changes to any fees or charges associated with the use of the Website, Portal, and/or the Services. We may from time to time issue upgraded versions of the Website or Portal. We will advise You of any modifications, amendments or changes to the Terms, or of upgrades to the Website or Portal, by posting them on the Website or Portal.

Your Warranty to Us

By accessing, browsing, viewing and/or using the Website or Portal, You certify, warranty and promise that You are at least 13 years of age. You must be at least 21 years of age to purchase Our products and/or Services.

Limited Authorization for Your Use of the Website

Upon Your acceptance of these Terms, We grant to You a non-exclusive, non-transferable, revocable authorization to use the Website or Portal for Your own use. You agree and certify that You will not: (i) modify, disassemble, decompile or reverse engineer the Website or Portal, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Website or Portal to any third-party or use the Website or Portal to provide service bureau or similar services to or for any third-party; (iii) make any use of the Website or Portal which interferes, interrupts, damages or competes with the business and/or interests of Atlas; (iv) make any copies of the Website or Portal; (v) remove, circumvent, disable, modify, damage or otherwise interfere with security-related features of the Website or Portal, features that prevent or restrict use of copying of any content accessible through the Website or Portal, or features that enforce limitations on use of the Website or Portal; or (vi) delete the copyright and other proprietary rights notices on the Website or Portal.

The foregoing authorization is not a sale, lease or transfer of the Website or Portal, or any copy thereof, or of any content thereof, or of any other or further title, license, right or interest in the Website or Portal and/or any copy thereof, and/or any content thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Website or Portal, the contents thereof, and any copy of the Website or Portal, except as expressly granted herein.

Payments

You agree to pay all applicable fees and charges related to Your quoting and purchase of any Service, including, without limitation, insurance. We may suspend or terminate Your account and/or access to Our Services and/or to the Website or Portal if Your payment is insufficient, declined, and/or Your offered payment method cannot be processed.

Privacy Statement

We respect the information that You provide to Us, and We want to be sure You fully understand exactly how We use that information. Please review Our Privacy Policy (“Privacy Policy”) at https://www.atlas-fin.com/home/privacy, which sets forth the information that We may collect from You, with whom we may share it, and how we may use it.

Links to Third Party Sites

The Website or Portal may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Atlas, and Atlas denies and disclaims responsibility and/or liability for the performance or content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Atlas is not responsible for webcasting or any other form of transmission generated by, through, via, and/or received from, any Linked Site. The Website or Portal provides these links to You only as a convenience, and the inclusion of any link is not, and does not imply, an endorsement by Atlas of the site, or any association with its operators.

If You use these links, You will leave the Website or Portal. We do not, and are not obligated to, review any third party websites that You link to from the Atlas Financial Holdings, Inc. Website or Portal. We do not control any of the third-party websites or the content thereof, and We disclaim any responsibility or liability for any third-party website, and/or the products, services, or content available through any of them. We do not endorse or make any representations about such third-party websites, web pages or portals, any information, software or other products, services, or materials found there, or any results that may be obtained from using them. If You decide to access any of the third-party websites, web pages or portals linked to the Website or Portal, You do this entirely at Your own risk and You must follow the privacy policies and terms of use for those third party websites, web pages or portals.

No Unlawful or Prohibited Use

As a condition of your use of the Website or Portal, you promise and warrant to Atlas that you will not, and hereby expressly agree and certify that you will not, use the Website or Portal for any purpose that is illegal, unlawful or that is otherwise prohibited by these Terms. You may not use the Website or Portal in any manner, which could damage, disable, overburden, or impair the Website or Portal or interfere with any other party's use and enjoyment of the Website or Portal. You may not obtain, or attempt to obtain, any data, materials or information through the Website or Portal, through any means, which are not expressly and/or intentionally made available, or provided for, through the Website or Portal.

We authorize Your use of the Website or Portal only for Permitted Purposes. Any other use of the Website or Portal which is beyond the Permitted Purposes, or which does not qualify as a Permitted Purpose, is expressly prohibited and shall constitute unauthorized use of the Website or Portal and a violation of these Terms.

Unauthorized use of the Website or Portal may result in violation of various United States (federal), state, and international copyright and/or other laws. Unless You have written permission from Us stating otherwise, You are not authorized to use the Website or Portal in any of the following ways, and such uses are prohibited (these are examples only and the list below is not exhaustive):

  • For any personal, public, business or commercial purpose which includes use of the Website or Portal on another website, web page or portal, or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Website or Portal;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual or entity;
  • To impersonate any person or entity or otherwise misstate or misrepresent Your affiliation with a person or entity;
  • To interfere with or disrupt the Website or Portal, and/or any servers or networks connected to the Website or Portal, and/or to any Services;
  • To use any data mining, robots, or similar data gathering, extraction and/or manipulation methods in connection with the Website or Portal and/or the Services;
  • To interfere with, interrupt, damage, and/or compete with Atlas, and/or any of its businesses or interests, and/or to harm, impair and/or damage the reputation of Atlas;
  • To attempt to gain unauthorized access to any portion of the Website or Portal or to any other User accounts, or to any other websites, web pages, portals, accounts, computer systems, or networks connected to the Website or Portal, whether through hacking, password mining, or any other means.

Defense and Indemnification

You agree to defend Us and/or to pay Our reasonable attorney fees and related costs and expenses (whichever option We choose) in the event that We are named in or otherwise subject to any regulatory, governmental or third-party claim, suit, proceeding, complaint, investigation, or lawsuit (“Claim”) which is based upon, or due to, or caused by, or resulting from, or arising from Your violation of these Terms. You further agree to indemnify Us and to pay any damages, judgments, verdicts, awards, assessments, penalties, fines and costs that We incur as a result of such Claim. You alone are responsible for Your violation of these Terms, and We expressly deny and disclaim any responsibility or liability for such violation. We reserve the right, in Our sole and exclusive discretion, to assume the defense and control of any Claim subject to defense and/or indemnification by You hereunder, and, in such case, You agree to fully and completely cooperate with Our defense of such Claim.

Use of Communication Services

The Website or Portal may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, You agree that when using a Communication Service, You will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including, without limitation, the rights of privacy and publicity) of other persons or entities.
  • Publish, post, upload, distribute or disseminate any offensive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, data or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents (and provides us with copies of such consents upon Our request).
  • Upload files that contain viruses, worms, corrupted files, malware, or any other similar software or programs that may impair, interrupt or damage the operation of the Website or Portal or another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, solicitations, spam, junk mail, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally shared or distributed in such manner.
  • Falsify or delete any author attributions, copyright, trademark or other or similar legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any restriction or limitation, code of conduct, or other guideline, which may apply to any particular Communication Service.
  • Harvest, mine or otherwise access and/or collect data or information about other persons and/or entities, including e-mail addresses, without their consent.
  • Violate any applicable federal, state and/or local laws or regulations.

Atlas has no obligation to monitor, edit or delete any materials posted to the Communication Services. However, Atlas reserves the right to review materials posted to a Communication Service and, in its sole and exclusive discretion, to edit, refuse to post, delete, or to otherwise remove any material(s) from a Communication Service. Atlas reserves the right, in its sole and exclusive discretion, to terminate Your access to the Website or Portal, and/or to any or all of the Communication Services, at any time, without notice, for any reason whatsoever (or for no reason). Atlas reserves the right, in its sole and exclusive discretion, to disclose any information as may be necessary to comply with or satisfy any applicable law, regulation, legal process or governmental request or order regarding the Website or Portal and/or any Communication Service.

You should always use caution when giving out or disclosing any personally identifying information about yourself or your family in any Communication Service. Atlas does not control or endorse the content, messages or information found in any Communication Service and, therefore, Atlas specifically and expressly disclaims any liability and/or responsibility with regard to the Communication Services, any postings therein, and any actions resulting from Your participation in any Communication Service. Managers and hosts of the Website or Portal are not authorized Atlas spokespersons, and their views do not necessarily reflect those of Atlas.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination. You are responsible for adhering to such limitations if You use, copy or download the materials.

License You Grant to Us for Submissions and Submission Warranties

Atlas does not claim ownership of the materials which You provide to Us (including feedback and suggestions) or materials which You post, upload, input or submit to, on or through the Website or Portal and/or any Communications Service, or related Services (individually, a “Submission”; collectively "Submissions"). However, by creating, posting, uploading, inputting, providing or otherwise submitting Your Submission to Atlas on or through the Website or Portal and/or a Communication Service and/or the Services, you agree that you are thereby granting Atlas, and necessary sub-licensees a license (subject to any restrictions imposed by law or regulation and the conditions set forth below) to use your Submission in connection with the operation of the Website or Portal, Atlas’ internet businesses and other Atlas business uses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid by Atlas with respect to the licensure and use of Your Submission. Atlas is under no obligation to post or use any Submission You may provide and may remove or delete any Submission at any time in Our sole and exclusive discretion.

By posting, uploading, inputting, providing or otherwise submitting your Submission, You warrant and represent that You own or otherwise control all of the rights in and to Your Submission, as described in this section, including, without limitation, all the rights necessary for You to provide, post, upload, input or otherwise submit the Submissions. You agree that You are solely and exclusively responsible for all of Your Submissions, including the content thereof, and that any Submission that You post to public areas of the Website or Portal is, and shall be, considered both non-confidential and non-proprietary public information.

By submitting any Submission, You are expressly agreeing and certifying to Us that:

  • You own all rights in Your Submissions (including, without limitation, all rights to the reproduction, display and publication of Your Submissions) or, alternatively, You have acquired all necessary rights in Your Submissions to enable You to grant to Us the rights in Your Submissions as described in these Terms, and you will provide us with a copy of the grant of any such rights upon Our request;
  • You have paid and will pay in full all license fees, and all other costs, expenses and/or financial obligations, of any kind, arising from any use of Your Submissions, and you will provide us with proof of payment of any such fees, costs, expenses or obligations upon Our request;
  • Your Submissions do not infringe on the copyright, trademark, service mark, patent, trade secret, or other intellectual property right(s), privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all “moral rights” that You may have in or to Your Submission;
  • Any information contained in Your Submission is, to the best of your knowledge, true, correct and accurate, and it is not known by You to be false, inaccurate, or misleading;
  • Your Submission does not violate any federal, state or local law, rule or regulations, including, without limitation, privacy law(s);
  • Your Submission is not, and may not reasonably be considered to be, defamatory, slanderous, libelous, hateful, racially, ethically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual or entity vulgar, pornographic, obscene, or invasive of another’s rights and/or privacy;
  • Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
  • Your Submission does not contain any contain viruses, worms, corrupted files, malware, or any other similar software or programs that may impair, interrupt or damage the operation of the Website or Portal, the Communication Service or the computer systems of Atlas or any other person or entity.

By posting, uploading or otherwise providing or submitting a Submission, you grant Us an irrevocable, perpetual, transferrable, non-exclusive, worldwide, royalty-free license (sub-licensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, advertise, and publicly display Your Submission(s) (or any revised, summarized, edited or modified version thereof), in whole or in part, in any format or medium now known or later developed (NOTE: This does not apply to the personal data that you submit to us, which is governed instead by our Privacy Statement.);
  • Use (and to permit others to use) Your Submission(s) in any manner and for any purpose (including without limitation, advertising, marketing and other commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your Submission or any revision, summary or modification thereof, in whole or in part, into any technology, product, or Service) (NOTE: This does not apply to the personal data that you submit to us, which is governed instead by our Privacy Statement.);
  • Display advertisements in connection with Your Submissions and to use Your Submissions for advertising, promotional, marketing and similar business purposes (NOTE: This does not apply to the personal data that you submit to us, which is governed instead by our Privacy Statement.).

We may, but are not obligated to, pre-screen Submissions and/or monitor any area of the Website or Portal and/or Communication Services through or into which Submissions are or may be made. We are not required to host, display, or distribute any Submission(s) on or through the Website or Portal and We may, in our sole and exclusive discretion, delete, edit, remove or refuse any Submission at any time and for any reason, in Our sole discretion. We are not responsible for any loss, theft, or damage(s) of any kind caused by, due to, and/or arising from any Submission, and/or the publication of any Submission, and We expressly deny and disclaim any responsibility or liability for same. Further, You agree, subject to any restrictions imposed by law or regulation, that We may freely disclose Your Submission to any third party without obligation of confidence on the part of the recipient.

Liability Disclaimer

THE INFORMATION, DATA, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR PORTAL MAY BE INCORRECT OR INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION IN THE WEBSITE OR PORTAL. ATLAS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE OR PORTAL AT ANY TIME. ADVICE PROVIDED AND/OR RECEIVED VIA THE WEBSITE OR PORTAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ATLAS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE OR PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS AND/OR IMPLIED, OR CONDITION OF ANY KIND. ATLAS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS AND/OR IMPLIED, AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATLAS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR PERFORMANCE OF THE WEBSITE OR PORTAL; (ii) THE DELAY OR INABILITY TO USE THE WEBSITE OR PORTAL OR RELATED SERVICES; (iii) THE PROVISION OF AND/OR FAILURE TO PROVIDE WEBSITE OR PORTAL ACCESS AND/OR SERVICES; (iv), ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE OR PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR PORTAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ATLAS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR PORTAL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR PORTAL.

Termination/Access Restriction

Atlas reserves the right, in its sole and exclusive discretion, to terminate Your access to the Website or Portal and to the related Services and/or to any portion thereof at any time, for any reason, including, without limitation, any violation of these Terms, without notice.

Dispute Resolution and Arbitration; Class Action Waiver

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Dispute Resolution Provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort, or other, including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence, or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us (“Dispute”). Effectively, then, “Dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigate claims and the opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). YOU AND WE AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by You emailing to Us at businessdev@atlas-fin.com the following information: (1) Your name, (2) Your address, (3) A written description of Your reason and basis for the Dispute, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, You or We may choose to pursue a Dispute in court and not by arbitration if: (a) The Dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at businessdev@atlas-fin.com the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve Disputes with Us through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. Note: Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because the Website or Portal and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition(s) precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of confirmation or enforcement.

Location of Arbitration – You or We may initiate arbitration in either Illinois or the federal judicial district that includes Your billing address. For any arbitration, the laws of the state where the arbitration is initiated shall apply, without regard or application of that state’s choice of laws or conflict of laws provisions.

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration filing fees and AAA hearing fees and any arbitrator's hearing fees, costs and expenses upon Your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, You will still be responsible for all additional fees and costs that You incur in the arbitration, which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s (or entity’s) claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Website or Portal can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Jury in Arbitration

You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the right to appeal and the right to certain types of discovery) may be more limited or may be entirely waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of Your account with Us and Your discontinuance of Your use of the Website or any Services. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision existing as of the date you first accepted these Terms.

General Conditions

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A., without regard to its choice or conflict of laws provisions and you hereby consent to the exclusive jurisdiction and venue of courts in, Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Website or Portal.

Use of the Website or Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, these General Conditions.

You agree that no joint venture, partnership, employment, agency, or similar relationship exists between You and Atlas as a result of this agreement or Your use of the Website or Portal.

Atlas’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Atlas’ right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Website or Portal or information provided to or gathered by Atlas with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Atlas with respect to the Website or Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Atlas regarding the Website or Portal.

A printed version of this agreement and of any notice given in electronic form 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.

If We choose not to enforce any of these Terms, We are not thereby waiving any of Our rights hereunder, or any other rights provided to Us by law or equity.

These Terms are binding on You and Us, and on Your and Our respective parent and affiliated companies, and on any of Our or Your successors by merger or acquisition, assignees, and executors, heirs and assigns.

The Terms regarding proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability, dispute resolution, and general provisions shall survive any termination of Your access to the Website or Portal and/or these Terms.

You are responsible for complying with these Terms when You access the Website or Portal whether directly or through any account that You may set up or through any third-party service, portal or website. Because it is Your account, it is Your responsibility to obtain and maintain all equipment and services needed for Your access to and use of the Website or Portal, as well as paying internet access and related charges. If applicable, it is also Your responsibility to maintain the security and confidentiality of Your password(s), including any password of a third-party site that We may allow You to use. Should You believe Your password or security for the Website or Portal has been breached in any way, You must, and hereby agree to, immediately notify Us.

Copyright and Trademark Notices

All contents of the Atlas Website or Portal are Copyright © 2019 Atlas Financial Holdings, Inc. All Rights Reserved.

All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner, holder, or licensee.

Trademarks

“Atlas Financial Holdings, Inc.”, the company logo, and all related product and service names, design marks, and slogans, including those of Our Affiliates, are Our trademarks or service marks. Other trademarks, names, logos and products on the Website that do not belong to Us are the property of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

References on the Website or Portal to any names, marks, products, or services of third-party sites or information are provided solely as a convenience to You and do not in any way constitute or imply Our endorsement, sponsorship, or recommendation of the third party, information, product, or service.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Feedback

Any submissions by You to Us (e.g., comments, questions, suggestions, materials; collectively, “Feedback”) through any communication whatsoever (e.g., letter, telephone call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole and exclusive discretion.

Language

The Parties hereto have expressly agreed and required that this agreement and all documents and notices relating thereto be drafted in the English language.

Contact Us

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at: businessdev@atlas-fin.com. Or you may write to us at Atlas Financial Holdings, 953 American Lane, 3rd Floor, Schaumburg, IL 60173.


Last Updated: May 20, 2019