Last Updated: February 10, 2020
Welcome to atomic.loans, a website of Atomic Loans Inc. (“Atomic Loans”, “we”, “our”, or “us”). This page explains the terms by which you may use our website (the “Site”) and our Services (as defined below). By accessing or using the Site or Services, you signify on your behalf and any person or entity that you represent that you have read, understood, and agree to be bound by these Terms of Service (the “Agreement”), whether or not you are a registered user of our Site. Atomic Loans reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Site (“Users”, “you”, and “your”).
Please read this Agreement carefully to ensure that you understand each provision.
As part of the Site, Atomic Loans provides access to a decentralized peer to peer debt protocol (“Protocol”) on the Bitcoin and Ethereum blockchains, that allows suppliers or borrowers of Bitcoin and Ethereum assets (“Assets”) to transact using Bitcoin scripts (“Bitcoin Scripts”) and Ethereum smart contracts (“Ethereum Smart Contracts”) on the Bitcoin and Ethereum blockchains. This Agreement governs your use of our Site, the Protocol, and all related tools, applications, data, software, Bitcoin Scripts, Ethereum Smart Contracts, and other services provided by us (collectively, the “Services”).
This is a contract between you and Atomic Loans. You must read and agree to the terms of this Agreement before using the Site and the Services. If you do not agree, you may not use the Site and the Services. You may use the Site and the Services only if you can form a binding contract with Atomic Loans, and only in compliance with this Agreement and all applicable local, provincial, state, federal, national, and international laws, rules and regulations. Any use or access to the Site or the Services by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. The Site and the Services are not available to any person previously removed from the Site or the Services by Atomic Loans.
By entering or using this Site or the Services you represent that you:
B. User Responsibilities
In order to use certain features of the Site and Services, you must connect to your digital asset wallet. You acknowledge that Atomic Loans is not responsible for transferring, safeguarding, or maintaining your private keys or any assets associated therewith. If you lose, mishandle, or have stolen your digital currency private keys, you acknowledge that you may not be able to recover associated assets, and that Atomic Loans is not responsible for such loss. You agree that you will not use the Services to transact with any digital currency that may be considered a security under applicable law. You acknowledge that Atomic Loans is not responsible for any loss or damage arising from your failure to comply with the requirements hereunder.
C. Access and Use of the Site and Services
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable and freely revocable license to use the Site and the Services. Atomic Loans reserves all rights not expressly granted herein in the Site, the Services and the Atomic Loans Content (as defined below). Atomic Loans may terminate this license, in whole or in part, at any time for any reason or no reason.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or the Services, whether in whole or in part, or any content displayed on the Site or the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or the Services; (c) you shall not access the Site or the Services in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the Site or the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not use the Site or the Services other than as permitted hereunder. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Site and Services shall be subject to this Agreement. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Site and the Services.
D. Acceptable Use
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Site or the Services in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Services in a manner that sends more request messages to the Atomic Loans servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Atomic Loans grants the operators of public search engines revocable permission to use spiders to copy publically available materials from atomic.loans for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) transmitting spam, chain letters, or other unsolicited email or messages through the Site or the Services; (d) attempting to interfere with, compromise the system integrity or security of or decipher any transmissions to or from the servers running the Site or the Services; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Site or the Services; (g) collecting or harvesting any personally identifiable information, including account names, from the Site or the Services; (h) using the Site or the Services for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Site or the Services; (k) accessing any content on the Site or the Services through any technology or means other than those provided or authorized by the Site or the Services; (l) bypassing the measures we may use to prevent or restrict access to the Site or the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (m) using the Site or the Services for any purpose prohibited or regulated by local, provincial, state, federal, national, and international laws; (n) using the Site or the Services to collect, upload, transmit, display, or distribute any content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; or (iii) that is harmful to minors in any way; or (o) using the Site for any purposes other than using our Services.
We may, without prior notice, change the Site or the Services; stop providing the Site or the Services or features of the Site or the Services to you or to users generally; or create usage limits for the Site or the Services. We may permanently or temporarily terminate or suspend your access to the Site or the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or the Services or any part thereof.
You are solely responsible for your interactions with other Users of the Site and the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Atomic Loans shall have no liability for your interactions with other Users, or for any User’s action or inaction.
E. Site Location
The Site is controlled and operated from facilities in Canada. Atomic Loans makes no
representations that the Site or the Services is appropriate or available for use in
other locations. Those who access or use the Site or the Services from other jurisdictions
do so at their own volition and are entirely responsible for compliance with all applicable
local, provincial, state, federal, national, and international laws and regulations,
including but not limited to export and import regulations. You may not use the Site or the
Services if you are a resident of a country embargoed by the government of Canada, the
United States or the European Union or are a foreign person or entity blocked or denied by
the Canadian or United States government. You may not use this Site or the Services if
you are a resident of a country which has been sanctioned by the United Nations. Unless
otherwise explicitly stated, all materials found on the Site and the Services are solely
directed to individuals, companies, or other entities located in Canada.
The Site and the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music but excluding all material, content or information posted or upload by Users to the Site or the Services (“User Content”) and all intellectual property rights related thereto (the “Atomic Loans Content”), are the exclusive property of Atomic Loans and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Atomic Loans Content or intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Atomic Loans Content. Use of the Atomic Loans Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Atomic Loans Content is made available solely for your personal, non-commercial use and may not be copied, reproduced, published, republished, modified, mirrored, uploaded, posted, transmitted, displayed, encoded, translated or distributed in any form or in way, including by e-mail or other electronic means, or stored in any retrieval system of any nature in any way, without the express prior written consent of Atomic Loans or such third party that may own such Atomic Loans Content in each instance. You agree to abide by all copyright and other proprietary notices, information and restrictions contained in the Atomic Loans Content and any other material accessed through the Site.
You may choose to or we may invite you to submit comments, feedback, or ideas about the Site and the Services, including without limitation about how to improve the Site or our Services (“Ideas”). By submitting any Idea, you agree that (a) your disclosure is non-confidential, gratuitous, unsolicited and without restriction and will not place Atomic Loans under any fiduciary or other obligation, (b) you grant to us a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable, non-exclusive and fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials or any portions thereof (including any ideas for new products or Services or modifications to existing products or Services) and/or products or Services which practice or embody, or are configured for use in practicing, such information or materials or any portion thereof, in any form or medium known or later developed, in furtherance of the terms of the Agreement and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights, (c) we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone and (d) you will have no claim against for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any Ideas you provide. You further acknowledge that, by acceptance of your submission, Atomic Loans does not waive any rights to use similar or related ideas previously known to Atomic Loans, or developed by its employees, or obtained from sources other than you.
All information on the Site and the Services is for informational purposes only and should not be construed as professional advice. You should contact your own legal, financial, tax or other professional advisors. Neither the Site, the Services nor Atomic Loans provides any legal, financial, taxation or any other professional advice. No action should be taken based upon any information contained in the Site or the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptographic systems and the Services, which could result in the theft or loss of your assets. To the extent possible, Atomic Loans intends to update the code underlying the Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Services, you acknowledge these inherent risks.
We are an early stage platform. You acknowledge that applications are code that are subject to flaws and acknowledge that you are solely responsible for evaluating any available code provided by the Services. You further expressly acknowledge and represent that applications can be written maliciously or negligently, that we cannot be held liable for your interaction with such applications. These warnings and others later provided by us in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Site and Services.
Atomic Loans uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Atomic Loans and our suppliers, partners, licensors, dealers, representatives, associates or affiliates, and each of their respective employees, contractors, agents, representatives, shareholders, officers and directors (collectively, the “Atomic Loans Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees and disbursements) arising from: (i) your use of and access to the Site and the Services, including any act or omission by you or users of your account or any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any User Content that you submit to the Site or the Services including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site or the Services with your unique username, password or other appropriate security code. You will co-operate as fully as reasonably required in the defense of any claim.
The Site and the Services are provided on an “as is” and “as available” basis. Use of the Site and the Services is at your own risk. To the maximum extent permitted by applicable law, the Site and the Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from an Atomic Loans Party or through the Site or the Services will create any warranty not expressly stated herein. Without limiting the foregoing, the Atomic Loans Parties do not warrant that the content is accurate, reliable or correct; that the Site and the Services will meet your requirements; that the Site and the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site and the Services is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site or the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site or the Services.
Atomic Loans does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Site or the Services or any hyperlinked website or site, and Atomic Loans will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Neither Atomic Loans nor its affiliates or licensors will have any responsibilities or liability with respect to the following: (a) the Services could be impacted by one or more regulatory inquiries or actions, which could prevent or limit the ability of Atomic Loans to continue to develop or provide the Services, or for you and your users to use the Services, (b) Atomic Loans has no obligation to update the Services or its underlying platforms and networks to address, mitigate, or remediate any security or other vulnerabilities in the Services, or such platforms or networks, and (c) portions of the Services or any other underlying networks and platforms may rest on open-source software, and there is a risk that weaknesses or bugs that may be introduced in the infrastructural elements of the Services or any other underlying networks and platforms, which may result in security vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.
You acknowledge that the Site and the Services, and your use of the Site and the Services contain certain risks, including without limitation the following risks: That any Services you interact with are entirely your own responsibility and liability, and Atomic Loans is not a party to the Bitcoin Scripts and Ethereum Smart Contracts; at any time, your access to your Assets may be suspended or terminated or there may be a delay in your access or use of your Assets which may result in the Assets diminishing in value or you being unable to complete a Bitcoin Script and Ethereum Smart Contract; if you are a borrower of Assets and if your collateral declines such that your collateral is no longer sufficient to secure your borrowed Assets, other Users may seize your collateral to close out your borrowed Asset balance; and the Services may be suspended or terminated for any or no reason, which may limit your access to your Assets. Accordingly, you expressly agree that you assume all risk in connection with your access and use of the Site and Services.
You also agree that to the maximum extent permitted by applicable law, in no event shall any Atomic Loans Party be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Site or the Services. Under no circumstances will any Atomic Loans Party be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site, the Services or the information contained therein. To the maximum extent permitted by applicable law, Atomic Loans assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Site or the Services; (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the Site or the Services; (e) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site or the Services by any third party; (f) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site or the Services; and/or (g) User Content or the defamatory, offensive, or illegal conduct of any third party. You agree that if, notwithstanding the other provisions of this Agreement, an Atomic Loans Party is found to be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs, such Atomic Loans Party’s liability shall in no event exceed the amount you paid to Atomic Loans hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Atomic Loans has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
Atomic Loan’s failure or delay in insisting upon or enforcing strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or rights. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver of any provision of this Agreement constitute a continuing waiver unless expressly made in writing by us.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.
This Agreement is entered into in the Province of Ontario and shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario or any other judicial district or jurisdiction as we may determine in any and all actions, disputes or controversies relating hereto. You further agree as follows: (a) any claim brought to enforce these terms and conditions must be commenced within two (2) years of the cause of action accruing; (b) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees; and (c) any claim must be brought individually and not consolidated as part of a group or class action complaint.
This Agreement, including all other documents incorporated by reference herein, are binding and constitute the entire agreement between Atomic Loans and you with respect to your use of the Site and the Services. The parties agree that the English language will be the language of the Agreement and all documents in connection thereto, and each party waives any right (whether statutory or otherwise) to use and rely upon any other language, or translations. Il est de la volonté expresse des parties que tous les documents qui s'y rattachent soient rédigés en langue anglaise.