Atlas Screen Printing

Where Science Meets Art

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Phone: 800-456-5222

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Atlas Screen Printing

131 SE 10th Avenue
Gainesville, FL 32601-7998

Phone: 800-456-5222

Phone: 352-376-7646

Fax: 352-205-4792

Email: atlas@wildcotton.com

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Wholesale Customers - Create your own online account, for access to our online ordering system, art archives and more.

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Terms of Service

ATLAS SCREEN PRINTING TERMS OF SERVICE
Updated 06/21/2013
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YOU SHOULD CAREFULLY READ THE FOLLOWING ATLAS SCREEN PRINTING (ATLAS) TERMS OF USE AGREEMENT (THE "TERMS OF SERVICE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "I do not accept the Terms of Service." IF YOU REJECT THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER FIRST ACQUIRING AN ATLAS SCREEN PRINTING ACCOUNT, YOU MAY CALL (352) 376-7646 TO REQUEST A CANCELLATION OF THE SERVICE.

This Terms of Service Agreement is entered into as of the date on which the client first uses the Atlas Screen Printing website (as defined below) ("effective date") by and between Atlas Screen Printing, (Atlas) and client ("client").

RECITALS Whereas, Atlas is a service provider that offers access to, and use of, certain applications ("Wild Cotton website") and implementation support to initiate such access and use. Whereas, client wants to retain Atlas to allow client to access and use the Wild Cotton website under the terms and conditions set forth in this agreement. Now therefore, in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, client and Atlas agree to the foregoing and as follows:

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ARTICLE 1 - GENERAL
Short Version: You agree to this Terms of Service. Atlas may periodically update this Terms of Service, and you're cool with that.
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1.1 Overview of Agreement. This agreement represents the terms and conditions under which Atlas shall provide client access to, and use of the Wild Cotton website , which may be amended from time to time to reflect additional or amended Wild Cotton website ordered by client. Wild Cotton website shall be provided to client via the Internet's World Wide Web. Any attempt to alter or amend the terms and conditions contained in this agreement through conflicting or inconsistent terms in any other document shall be void and of no force and effect.

1.2 Changes to the Terms of Use Agreement or the Website. Atlas reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Website, hours of availability, content, data, software or equipment needed to access the Website, effective with or without prior notice; provided, however, that material changes (as determined in Atlas's sole and absolute discretion) will be disclosed as follows: Atlas will provide you with notification of any such changes to the service through an update process, or by email, postal mail, website posting, pop-up screen, or notice in the "Atlas Bulletins" area of your store's administration area. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Account. Your continued use of the website following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Atlas may change, modify, suspend, or discontinue any aspect of the Website at any time. Atlas may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability.

1.3 Termination. This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account. Atlas may terminate this Agreement with or without notice by terminating your Account. The provisions within this Terms of Service shall survive any termination of this Agreement.

1.4 Miscellaneous. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Atlas concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Atlas. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

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ARTICLE 1.5 - ESTABLISHING AN ACCOUNT
Short Version: You're responsible for keeping your user name and password safe!
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During the registration process, you will be required to select a username and a password that are unique to the Account (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Atlas. You are responsible for maintaining the confidentiality of your Login Information, and you will be responsible for all uses of your Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify Atlas by emailing postmaster@wildcotton.com.

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ARTICLE 4 - LIMITED WARRANTIES 
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4.1 CLIENT WARRANTY. Client represents and warrants to Atlas that: (a) client has the authority to enter into this agreement and perform its obligations under this agreement; (b) client and its authorized users will only use the Wild Cotton website for lawful purposes and will not violate any law of any country or the intellectual property rights of any third party; and (c) client warrants that it is not located in a country where export or re-export of the contents of information received via the Internet is prohibited. Should client receive notice of any claim regarding the Wild Cotton website, client shall promptly provide Atlas with a written notice of such claim.

4.2 ATLAS WARRANTY. Atlas warrants that: (a) Atlas has the authority to enter into this agreement and perform its obligations under this agreement; and (b) Atlas will perform the services required under this agreement in a professional and workmanlike manner.

4.3 DISCLAIMER. Except as otherwise set forth herein, Atlas makes no representations or warranties, whether express, implied or statutory regarding or relating to any of the website content and/or access to or use of the Wild Cotton website provided to client under this agreement. Atlas specifically disclaims any and all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

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ARTICLE 5 - LIMITATION OF LIABILITY 
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Atlas's liability under this agreement for any direct damages of any kind will not exceed an amount equal to the amount paid by client to Atlas through the date Atlas's liability to client accrues. In no event shall Atlas be liable for incidental or consequential damages or lost profits.

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 ARTICLE 6 - INDEMNIFICATION 
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Client agrees to indemnify, defend (at Atlas's sole option and at client's sole expense) and hold harmless Atlas, its managers, directors, officers, employees, independent contractors and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim arising out of or relating to client's use of and/or access to the Wild Cotton website or services provided hereunder. Client specifically acknowledges that Atlas shall not be liable to client for losses, if any, incurred as a result of fraudulent or unauthorized misuse of Wild Cotton website. Atlas agrees to indemnify, defend and hold harmless client, its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim arising our of or relating to any infringement of a copyright, trademark, trade secret, patent or other intellectual property right of any third party as a result of client's use of the Wild Cotton website in accordance with this agreement. Client agrees to furnish Atlas with prompt notice of such infringement claim, whereupon client hereby authorizes Atlas to defend such claim and agrees to cooperate and assist Atlas fully in such defense, at Atlas's expense.

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ARTICLE 7 - CONFIDENTIAL INFORMATION 
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"Confidential information" will include the terms of this agreement, any software provided by Atlas under this agreement, the logon identifiers and/or passwords provided to client and each authorized user, the prices and fees charged under this agreement, any other materials marked confidential by client or Atlas and any other information conveyed under this agreement that is identified in writing as confidential at the time of its conveyance. Each party acknowledges and agrees that: (a) the confidential information constitutes valuable trade secrets of the party owning such confidential information; (b) it will use confidential information solely in accordance with the provisions of this agreement; and (c) it will not disclose, or permit to be disclosed, the confidential information of the other party to any third party without the disclosing party's prior written consent. Each party will take all reasonable precautions necessary to safeguard the confidentiality of the other party's confidential information including, at a minimum, those precautions taken by a party to protect its own confidential information, which will in no event be less than a reasonable degree of care. Confidential information will not include information that is: (d) publicly available; (e) already in the other party's possession and not subject to a confidentiality obligation; (f) obtained by the other party from any source without any obligation of confidentiality; (g) independently developed by the other party without reference to the disclosing party's confidential information; or (h) required to be disclosed by order of a court or other governmental entity; provided no less than ten (10) days written notice is given to the party owning such confidential information so that such party may obtain a protective order or other equitable relief.

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ARTICLE 8 - PROPRIETARY RIGHTS 
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No right (except for the license granted in section 2.2), title or interest of intellectual property or other proprietary rights in and to the Wild Cotton website and/or other products or services made available under this agreement is transferred to client hereunder. Atlas and its third party licensees retain all right, title and interests, including, without limitation, all copyright, intellectual property and other proprietary rights in and to the Wild Cotton website and/or other products or services provided under this agreement. Client will retain all right, title and interest to the documents created by client using the Wild Cotton website.

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ARTICLE 9 - TERM AND TERMINATION
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9.1 TERM / ACCOUNT CLOSURE / BILLING TERMINATION This agreement will commence as of the effective date and shall continue thereafter on a month to month basis unless account terminated by client. All requests for account termination by client must be submitted by the following authorized methods: A) Submit the request using the "Close Account" online form within the client's account area, or B) Submitting a written request by certified mail. Please send your written request to: Atlas Screen Printing 131 SE 10th Avenue Gainesville, FL 32601 All accounts cancellations are performed upon receipt of authorized request. Cancellation requests submitted before the completion of the account's billing cycle will not receive a prorated refund.

9.2 TERMINATION BY ATLAS. Atlas shall have the right to terminate this agreement if: (a) client fails to timely pay Atlas any amount due to Atlas under this agreement; (b) client materially breaches any term or condition this agreement, provided such breach is not cured by client within thirty (30) calendar days following Atlas's notice to client of such breach; or (c) client (i) terminates or suspends its business activities; (ii) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority; or (iii) becomes subject to any bankruptcy or insolvency proceeding under federal or state statutes.

9.3 TERMINATION BY CLIENT. Client will have the right, upon written notice to Atlas, to terminate this agreement if Atlas is in material breach of this agreement and Atlas fails to remedy such material breach within thirty (30) calendar days of its receipt of such written notice.

9.4 OBLIGATIONS UPON TERMINATION OR EXPIRATION AND NON-RENEWAL. Upon the expiration and non-renewal or termination of this agreement for any reason: (a) client's access to, and use of, the Wild Cotton website will terminate; (b) client will return to Atlas any and all Atlas services, equipment, software, documentation, images, graphics or other deliverables provided to client by Atlas including any copies thereof held by client; (c) Atlas will deliver to client all client documents and other materials stored by client on the Atlas network; and (d) each party shall return any and all confidential information in its possession to the party that disclosed such confidential information and provide written verification of same.

9.5 SURVIVAL. Any provisions of this agreement that by their nature should survive termination of this agreement will survive termination of this agreement, including but not limited to section 2.4, and articles 6, 7, and 8.

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ARTICLE 10 - MISCELLANEOUS
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10.1 NOTICES. Any written notice required or permitted to be delivered pursuant to this agreement will be in writing and will be deemed delivered: (a) upon delivery if delivered in person; (b) three (3) business days after deposit in the united states mail, registered or certified mail, return receipt requested, postage prepaid; (c) upon transmission if sent via fax, with a confirmation copy sent via overnight mail; (d) one (1) business day after deposit with a national overnight courier; (e) upon transmission if sent via email with a fax sent the same day, in each case addressed, in the case of client, the address listed in Atlas's records, or in the case of Atlas, to 131 SE 10th Avenue, Gainesville, FL 32601 (or to such other address as may be specified upon notice).

10.2 ASSIGNMENT. Client will not assign or otherwise transfer this agreement, in whole or in part, nor delegate or subcontract any of its rights or obligations hereunder, without Atlas's prior written consent, which consent may be withheld, delayed or conditioned in Atlas's discretion. Atlas will have the right to assign this agreement, in whole or in part, to a third party at any time upon written notice to client.

10.3 FORCE MAJEURE. Neither party shall have any liability to the other or to third parties for any failure or delay in performing any obligation under this agreement due to circumstances beyond its reasonable control including, without limitation, acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.

10.4 WAIVER. Any waiver or modification of this agreement will not be effective unless executed in writing and signed by an authorized representative of Atlas and client. The parties expressly disclaim the right to claim the enforceability or effectiveness of: (a) any amendments to this agreement that are not executed by an authorized representative of Atlas and client; (b) any oral modifications to this agreement; and (c) any other amendments that are based on course of dealing, waiver, reliance, estoppel or similar legal theory. The parties expressly disclaim the right to enforce any rule of law that is contrary to the terms of this section. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights under this agreement will not be deemed to be a waiver or modification by such party of any of its rights under this agreement.

10.5 SEVERABILITY. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, unless Atlas in good faith deems the unenforceable provision to be essential, in which case Atlas will have the right to terminate this agreement in accordance with section 10.2.

10.6 PUBLIC ANNOUNCEMENTS. Client grants Atlas the right to use client's name in press releases, product brochures and financial reports indicating that client is a client of Atlas.

10.7 COUNTERPARTS. This agreement may be executed in counterparts, each of which so executed will be deemed to be an original and such counterparts together will constitute one and the same agreement.

10.8 THIRD PARTY BENEFICIARIES. Client acknowledges that some Atlas services may be provided by third party licensors. Third party licensors are third party beneficiaries to this agreement, and there are no other third party beneficiaries to this agreement.

10.9 GOVERNING LAW; JURISDICTION; DISPUTE RESOLUTION WITH THIRD PARTY LICENSORS. This agreement will be interpreted and construed in accordance with the laws of the state of Oregon, without regard to conflict of law principles. All disputes arising out of this agreement shall be brought only in the district and federal courts located in or for Lane County, Oregon. Each party consents to the exclusive personal jurisdiction and venue of the courts, state and federal, located in or for Lane County, Oregon.

10.10 NON-SOLICITATION. Client acknowledges and agrees that the employees and consultants of Atlas are a valuable asset to Atlas and difficult to replace. Accordingly, client agrees that, during the term of this agreement and for a period of twelve (12) months after the expiration and non-renewal or termination of this agreement, client will not solicit or attempt to solicit any employee or consultant of Atlas.

HEADINGS. The headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties with respect to the subject matter of this agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

I do not accept the Terms of Service.

I acknowledge I have read and accept the Terms of Service above. *

User ID, Password & email - No Spaces or Punctuation

* marked required

* User ID:

* Password:

* Password (again):

* Email:

Name and Company

* Name:

Account # (If known):

* Company:

* Phone:

Fax:

Billing Address

* Billing Address:

Address2:

* City:

* State:(Recommend 2 letter format)

* Zip:

Country:(Recommend 2 letter format)

Shipping Address - optional
(Please note: Additional addresses can be managed in the "My Account" section.)

Shipping Company:

Shipping Address:

Address2:

City:

State:(Recommend 2 letter format)

Zip:

Country:(Recommend 2 letter format)