Modifications: You agree that we may modify this Agreement or any policy or other terms referenced in this Agreement at any time and at our sole discretion. By using the My MPS Account Portal, You agree to be bound by any such modifications and should therefore periodically visit the Portal to determine the then current terms and conditions of use to which You are bound. You will note that at the bottom of this Agreement, the date of last modification is indicated. You are encouraged to check the revision date with each use to ensure You are comfortable with the latest revisions. If You are dissatisfied with the Portal, its content or this Agreement as it may be revised, You agree that your sole and exclusive remedy is to discontinue using the Portal.
Termination: You agree that we may terminate this Agreement, for any reason (or no reason) at our sole discretion, at any time, by providing you notice, and that we reserve the right to change, suspend, or discontinue all or any aspects of the Portal, for any reason at our sole discretion. You are personally liable for any charges that You incur prior to any termination, change, suspension or discontinuation of this Agreement or the Portal.
User Restrictions: You agree that (a) You will not tamper with or otherwise interfere or attempt to interfere in any manner with the functionality or proper working of the Portal, (b) You will not make illegal use of the Portal or use it for purposes which are illegal, (c) You will not interfere with anyone else who is a user of the Portal in their use of the Portal, (d) You will follow U.S. and international laws regarding transmitting data and You will not attempt to gain access to our computer system or any other computer systems, (e) You will not remove, obscure, or alter any notice, logo, trademark, legend or other intellectual property or proprietary right designation appearing on or contained within the Portal, and (f) You will not access (or attempt to access) any product or services offered via the Portal by any means other than the interface that is provided by ATI.
Passwords: You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access the My MPS Account Portal. Accordingly, You agree that You are solely responsible to ATI for all activities that occur under your account. If You become aware of any unauthorized use of your password on the Portal or your account, You agree to notify us immediately at firstname.lastname@example.org.
ATI Licensees/Dealers: ATI has entered into one or more software license agreements with managed print services suppliers/dealers (“Licensees”), under which Licensees utilize the Portal to facilitate service delivery and related program management. Notwithstanding anything herein to the contrary, Licensees access to and use of the Portal will be governed by the provisions hereof (accordingly, “You,” as used herein, encompasses Licensees). Further, regardless of whether You access the Portal through a Licensee or through a direct relationship with ATI, You are bound by the provisions hereof.
Monitoring: We reserve the right to log, review, and otherwise examine any information stored on or passing through our networks, servers or systems.
Downtime and Service Suspensions: Your access to and use of the My MPS Account Portal and related services may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of the Portal or any portion or all of such related services for any reason, including as a result of power outages, system failures or other interruptions.
We shall also be entitled, without any liability to You, to suspend access to the Portal or any related services at any time, on a system-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Portal; (b) in the event of a denial of service attack or other attack on the Portal or other event that we determine, in our sole discretion, may create a risk to the Portal, to You or to any of our other clients if the Portal service were not suspended; or (c) in the event that we determine that the Portal or any related service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons.
Rights to Use of My MPS Account Portal: We grant You a personal, worldwide, royalty-free, non-assignable and nonexclusive license to use the Portal as part of the services being provided to You by ATI or a Licensee. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Portal and services, in the manner permitted by these terms and conditions. You may not, and You may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to copy or extract the source code or object code of the My MPS Account Portal or any part thereof. Except as expressly provided herein, unless ATI has given You specific written permission to do so, You may not assign (or grant a sub-license of) your rights to use the Portal, grant a security interest in or over your rights to use the Portal, or otherwise transfer any part of your rights to use the Portal.
Intellectual Property: The content on the Portal including without limitation, the text, software, scripts, graphics, photos, files, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ATI, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Portal is provided to You AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners of the Content. We reserve all rights not expressly granted in and to the Portal and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Portal or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Portal or the Content therein.
Copyright and Trademark Policies: It is ATI’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, without limitation, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
Warranty Disclaimers and Limitation of Liability: Except as specifically set forth in this Agreement, USE OF THE PORTAL, OR ANY CONTENT LOCATED THEREON OR PROVIDED IN CONNECTION THEREWITH, IS PROVIDED BY ATI ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND; INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE AVAILABILITY OF THE PORTAL WHEN DESIRED FOR USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK.
NEITHER ATI NOR ITS PARTNERS, AGENTS, AFFILIATES, OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE PORTAL SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
UNDER NO CIRCUMSTANCES SHALL ATI OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, ARISE OUT OF OR OTHERWISE RELATED IN ANY WAY TO YOUR USE OF OR INABILITY TO USE THE PORTAL SITE, ANY SERVICES OR SYSTEMS DIRECTLY OR INDIRECTLY RELATED TO THE SYSTEM OR ANY WEBSITE LINKED TO THE PORTAL SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE PORTAL THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR ANY LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSS SUFFERED. MOREOVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE IN ANY WAY SHOULD YOUR INFORMATION SYSTEMS, DATA OR SOFTWARE BECOME INFECTED, DAMAGED, OR DESTROYED BY A VIRUS OR OTHER HARMFUL DATA THAT IS A RESULT OF YOUR USE OF THE PORTAL.
THE MY MPS ACCOUNT PORTAL UTILIZES INDUSTRY ACCEPTED SECURITY SYSTEMS IN AN ATTEMPT TO ELIMINATE UNAUTHORIZED ACCESS TO PRIVATE INFORMATION. BY USING THE PORTAL, YOU EXPRESSLY AGREE TO RELEASE FROM LIABILITY ATI AND/OR ITS ASSOCIATES IN THE EVENT OF UNAUTHORIZED ACCESS AND SUBSEQUENT USE OF YOUR COMPANY AND/OR PERSONAL INFORMATION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ATI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity: To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless ATI and any of its Associates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (a) your actual or attempted use of or access to the Portal and/or to any third party sites, services, software or materials in any way related thereto; (b) your violation of any term of this Agreement; or (c) your violation of any third party right, including without limitation any privacy, copyright or other intellectual property right. This defense and indemnification obligation will survive this Agreement and your use of the Portal.
Notices: All Notices by us to You shall be by email to the email address listed as the Portal Administrator. All notices by You to us shall be by email to email@example.com or in writing to: Atlantic Technology Integrators LLC, 134 W 26th Street, New York, New York 10001.
Entire Agreement: This Agreement, including ATI’s privacy notice incorporated herein, constitutes the entire agreement between You and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between You and us, whether written or oral, regarding such subject matter.
Severability: If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
Waivers: The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
Successors and Assigns: This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.
Relationship: Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between You and us (or any of our Associates).
Applicable Law and Jurisdiction: The Portal, including www.mympsaccount.com website (excluding links to websites operated by others) is controlled and operated by ATI from offices in New York, New York. Although ATI has made no effort to publish the Portal, including www.mympsaccount.com website elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Internet. As each of these states and countries have laws which may differ from those of New York and from each other, and as You and ATI both benefit from establishing a predictable legal environment in which to publish, access and use the Portal, including www.mympsaccount.com website, by publishing, accessing, and/or using the sites You agree that all matters arising from or relating to the use and operation of the sites will be governed by the laws of the State of New York, without regard to its conflict of laws principles. YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THIS AGREEMENT REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY DISPUTE REGARDING THIS AGREEMENT OR USE OF THE PORTAL IN CONNECTION WITH THE SERVICES PROVIDED TO YOU (a “DISPUTE”). Specifically, You agree that any Dispute must be resolved exclusively by arbitration, shall take place on an individual basis, and class arbitrations and class actions are not permitted. Such arbitration shall be effected by arbitrators selected as hereinafter provided and shall be conducted in New York, New York in accordance with the Rules of the American Arbitration Association. The Dispute shall be submitted to three (3) arbitrators, one arbitrator being selected by ATI and one selected by You. Those arbitrators shall then select the third (3rd) arbitrator, or, if the selected arbitrators cannot agree, by the American Arbitration Association. The meetings of arbitrators shall be held at such place or places in New York, New York as may be agreed upon by the arbitrators. Any award made by a majority of the arbitrators shall be final, binding and conclusive on the parties for all purposes. Any fees or charges of the arbitration and any cost of arbitration, including the cost of personal attorneys of each participant, shall be the sole responsibility of each party to the arbitration. BY AGREEING TO THIS AGREEMENT, YOU WAIVE A RIGHT TO A JURY TRIAL, CLASS ACTION AND/OR CLASS ARBITRATION WITH RESPECT TO ANY DISPUTE.
The foregoing notwithstanding, You agree that ATI shall be entitled to apply for any necessary injunctive remedies in any jurisdiction. If You choose to access the www.mympsaccount.com website from locations other than the State of New York, You will be responsible for compliance with all local laws of such other locations.
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