Terms of Service

Effective Date: June 27, 2023.

These Terms of Service ("Terms") govern your use of the website owned and operated by ATX Mats LLC ("ATX Mats," "we," "us," or "our") located at www.atxmats.com (the "Website"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from accessing or using the Website.

1. Acceptance of Terms

By accessing or using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing or using the Website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Use of the Website

2.1 License: Subject to your compliance with these Terms, ATX Mats grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for its intended purpose.

2.2 Prohibited Conduct: You agree not to:
a) Use the Website in any manner that violates applicable laws, regulations, or these Terms;
b) Use the Website to transmit, distribute, or store any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
c) Interfere with or disrupt the integrity or performance of the Website or the servers or networks connected to the Website;
d) Attempt to gain unauthorized access to the Website, user accounts, or computer systems or networks connected to the Website;
e) Engage in any fraudulent, deceptive, or misleading activity in connection with the Website;
f) Collect or store personal information about other users without their consent;
g) Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
h) Use any automated system, including "robots," "spiders," or "offline readers," to access the Website;
i) Modify, adapt, translate, or create derivative works based upon the Website; or
j) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained on or in the Website.

3. Intellectual Property Rights

3.1 Ownership: The Website and all intellectual property rights in the Website (including but not limited to text, graphics, logos, images, software, and any other materials) are owned by ATX Mats or its licensors and are protected by intellectual property laws.

3.2 Trademarks: "ATX Mats" and any other related names, logos, product and service names, designs, and slogans are trademarks of ATX Mats or its affiliates. You may not use these marks without the prior written permission of ATX Mats.

3.3 Copyright Complaints: ATX Mats respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed, please contact us at [insert contact email] and provide the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the alleged infringing material is located; (iii) your contact information; (iv) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (v) a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

4. Limitation of Liability

4.1 Disclaimer of Warranties: THE WEBSITE IS

PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ATX MATS DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED.

4.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATX MATS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Indemnification

You agree to indemnify, defend, and hold harmless ATX Mats and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your use or misuse of the Website, violation of these Terms, or infringement of any intellectual property or other rights.

6. Termination

ATX Mats may, in its sole discretion, terminate or suspend your access to the Website, without notice and for any reason, including if ATX Mats believes that you have violated these Terms. Upon termination, these Terms will survive.

7. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [insert governing jurisdiction]. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be settled by binding arbitration in accordance with the rules of [insert arbitration authority]. The arbitration shall take place in [insert arbitration location]. Each party shall bear its own costs in connection with the arbitration proceedings.

8. Miscellaneous

These Terms constitute the entire agreement between you and ATX Mats concerning the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ATX Mats.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

You may not assign or transfer these Terms or any rights granted hereunder without ATX Mats' prior written consent. ATX Mats may freely assign or transfer these Terms without restriction.

Contact Us:
If you have any questions about these Terms, please contact us at [insert contact email].

By using the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms.