Last updated: August, Three (3) 2020.
ATM Technologies LLC operates this Website, including all information, tools and services available on this Website for you, the User, provided that you agree to all of the terms, conditions, policies and notices set forth herein. The names throughout the website, ATM Technologies, KASH-TM, kash-tm.com, us, us and ours, always refer to ATM Technologies LLC, a limited liability corporation, domiciled at 1810 E. Sahara Avenue, Suite 212#716, Las Vegas, Nevada, 89104.
By visiting the Website, accessing or using the services or software (each of them is individually, a “Service” and collectively, the “Services”), you agree to be bound by the following terms and conditions (hereinafter, the “Terms”), including the additional terms and conditions and policies referenced herein and/or that are available through a hyperlink. These Terms apply to all users of the Website, including without limitation users who are browsers, users, customers, merchants and/or contributors to content. In the event of an inconsistency between this Agreement and any additional terms or policies referred to therein, the provisions of the additional terms or policies shall prevail.
Please read these Terms and Conditions carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you will not be able to access the Website or use any Services.
Any new features or tools added to the current Website will also be subject to the Terms. You may review the most up-to-date version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use or access to the Website following the posting of any changes constitutes acceptance of such changes.
1. Acceptance of the Terms.
Under the following assumptions, you will consider that you accept the Terms and Conditions:
a. If you complete and submit a contact form;
b. If you accept (and agree to) the Terms and Conditions, either this option is available through the platform or anywhere in the User Interface of the Services.
Under the following assumptions, you may not use the Services or accept the Terms and Conditions:
a. If you have not reached the age of majority to perform binding contracts, in accordance with the law applicable to this agreement;
b. If you are prevented from using the Services, under the laws of the United States of America or any other jurisdiction in which KASH-TM operates.
2. Additional Terms. Your agreement with KASH-TM includes the Terms and Conditions set forth herein, as well as the Additional Terms that may be set forth there in this or other documents linked to your use of the Services offered by KASH-TM. When these Additional Terms apply to a Service, they will be available for you to read before committing to use such Service. In the event of a conflict between the Terms and Conditions and the Additional Terms applicable to a particular service, the latter shall be defied in the Terms and Conditions.
3. Language. To the extent permitted by law, the language governing the Terms and Conditions and any Additional Terms is English; therefore, any translation provided by KASH-TM is for your convenience only.
5. Compliance with Legal Requirements. You authorize KASH-TM to provide your name or other personal information to any local, state or federal authority within the United States of America, as necessary or advisable in KASH-TM’s opinion to comply with laws and regulations that bind KASH-TM and its Services. Such laws and regulations include, but are not limited to, the Bank Secrecy Act, the PATRIOT ACT and the Venezuelan Human Rights and Civil Society Defense Act of 2014. You further agree that KASH-TM may contact you to corroborate the information provided by you, as well as to require any additional information from you or to take additional steps to verify such information.
6. License Grant.
a. KASH-TM grants you a worldwide, non-transferable, non-exclusive license to use the software provided as part of the Services (called the Software). This license is granted for the sole purpose of enabling you to use and enjoy the benefits granted to you by the Services, within the limits set forth by these Terms and Conditions and any Additional Terms.
b. You may not, directly or indirectly, reproduce, duplicate, copy, modify, create derivatives, reverse engineering, decompile or attempt to access the source code of the Software or the mechanisms under which the Service operates, without KASH-TM’s prior written consent.
c. You may not sell, trade or resell the Services, whatever the purpose, without KASH-TM’s prior written consent.
7. Authorized Use and User Conduct.
You agree to access and use the Services in a manner consistent with these Terms and Conditions and the Additional Terms. You agree not to interrupt (or attempt to disrupt) the operation of the Website (called the Site), the Software or Services, or attempt to gain unauthorized access to the Site, any part of the Site or any other computer system through such Site. You agree not to use the Site in a manner that may damage, disable, overload or impair you, in the interest of your use and enjoyment of the Third Party Services. You may not obtain (or attempt to obtain) material or information through means unintendedly available or provided through the Services.
Unauthorized access or use of the Services includes, but is not limited to, unauthorized entry (or attempted entry) into any system, misuse of keys, misuse of any information transmitted on the Services, or any unlawful conduct, all of which is expressly prohibited. KASH-TM reserves the right to prohibit access to persons who have violated (or attempted to violate) these Terms and Conditions or the Additional Terms.
8. Registration. To access the Services, you may be requested for personal information, such as your own identification, contact information or bank details, without limiting yourself to this data. Any personal information required by KASH-TM is considered part of the registration process for the Services or part of your continued use of the Services. You agree that the information provided to KASH-TM during registration or use of the Services will always be accurate, complete and up to date.
9. Statements. You represent, warrant and certify to KASH-TM that your use of the Service, directly or indirectly: (a) will not violate laws, statutes, ordinances, contracts or regulations linked, not exhaustively, to laws, statutes, ordinances, contracts or regulations; (b) you will not violate any of these Terms and Conditions or any of the Additional Terms.
You agree that KASH-TM will cooperate in judgments about illegal activities, to the extent permitted by law, and that you may be required to provide KASH-TM with additional information to allow, among other things, verification of your identity.
You represent that you acknowledge and agree that KASH-TM is not a guarantee deposit service provider and, accordingly, you agree not to use the Services for that purpose.
By using the Services, you agree to:
a. Provide information that is not false, inaccurate, or misleading;
b. Do not enter (or attempt to enter) the Services by any means other than the user interface that KASH-TM explicitly provides to you;
c. Use the Services only for the purposes permitted by the Terms and Conditions and Additional Terms, not prohibited by applicable law;
d. Do not engage in any activity that interferes with or disrupts both the Services and any servers or networks that are linked to those Services.
10. Obligations and Responsibilities. You acknowledge that your access to or use of the Services may require you to agree to Additional Terms, according to which you must take specific actions at certain periods for the service to be successfully provided. In addition, you also acknowledge that your use of the Services may require you to provide KASH-TM with key information for the successful execution of the Services. These steps constitute your Obligations and Responsibilities, which are expressly stated in the Additional Terms that apply.
With respect to Personal Information, you agree to: (i) refrain from sharing the information with someone, under any pretext; (ii) keep the information only on devices and media under its sole control; and (iii) immediately and permanently delete information from your computer and electronic devices once the Services have been provided or cancelled.
Failure to comply with the obligations and responsibilities set forth herein shall result in the application of penalties, temporary suspension, or cancellation of the service, in accordance with the provisions of the 13th of these Terms and Conditions.
11. Electronic Communications. You expressly acknowledge that KASH-TM may offer you, as part of your use of the Services, email notifications or other forms of electronic communication. Such notices are provided only as a courtesy; therefore, failure to submit these in no way will constitute a waiver of KASH-TM’s own rights, nor will it exempt you from its Obligations and Responsibilities with respect to the Services. You represent and agree to hold KASH-TM,its employees and directors, its affiliates and licensors harmless for consequences in the event that: (a) your email provider has classified a notification as spam; (b) a router or your email provider has deleted, filtered, blocked, or hidden any notification; (c) for your own or other reasons you do not receive a notification on your email service or related.
12. Denial and Cancellation of Service. KASH-TM reserves the right to deny access to or use of any or all of the Services to any person, at any time, for any reason and at KASH-TM’s sole discretion. You acknowledge and agree that KASH-TM may, at its discretion, stop providing any or all of the Services to you without notice. Similarly, you may stop using the Services at any time.
13. Intellectual Property. You acknowledge that all information, whether written text, software, images, videos or other data, that you may have access to as part of your use of the Services are the exclusive property of KASH-TM. You also acknowledge that when accessing or using the Services there may be information that is designated as “confidential” or owned by KASH-TM and that you may not disclose without KASH-TM’s prior written consent.
Unless you have received prior written consent from KASH-TM, none of these Terms and Conditions grants you the right to use the trademarks, trade names, logos, slogans, KASH-TM domain names or any of its other trademark features. The KASH-TM website, the Services, the content and intellectual property belonging to it and which configure it (including, but not limited to, authors, patents, database rights, trademarks and service marks) are the sole and exclusive property of KASH-TM at all times, as well as the rights, titles and interests thereof. The KASH-TM website and the Services may only be used for the purposes permitted by these Terms and Conditions and the Additional Terms. You are authorized solely to view and retain a copy of the pages of the KASH-TM website for personal, non-commercial use. You agree not to duplicate, publish, modify, create derivative works from, participate in the transfer or post on any international network, as well as not to distribute or take advantage of the KASH-TM website, the Services or any part thereto for public or commercial use without the written consent of KASH-TM.
14. Exclusion of Warranties.
a. You expressly acknowledge and agree that at your own risk you make use of the Services and that the Services, as well as any information or data contained on the Website, the Software or the Services, are provided “as is” and “as available”. KASH-TM, its affiliates and licensors do not represent or warrant that use of the Services may: (i) meet your requirements; (ii) be uninterrupted, timely, or error-free; (iii) create any warranty not expressly set forth in these Terms and Conditions, or from any advice or information, whether oral or written, obtained by you from KASH-TM or through its Services.
b. KASH-TM expressly disclaims liability for all representations, warranties and conditions of any kind, express or implied, including non-exhaustive implied warranties and conditions of merchantability of non-infringement and fitness for a particular purpose.
15. Limitation of Liability. You expressly acknowledge that some of the Services depend on information not originated by KASH-TM, and that omissions and errors may therefore occur that may result in aborted, voided or terminated Services. You further acknowledge and agree that KASH-TM, its assigns, successors, employees, directors, affiliates and licensors shall not be liable to you for losses caused by errors of fact, law or judgment, or by any action or omission, except for those resulting from bad faith, wilful misconduct or gross negligence. KASH-TM,its assigns, successors, employees, directors, affiliates and licensors shall not be liable to you or any third party, in any event, for indirect, incidental, special, consequential or exemplary damages caused by you or by third parties, or for the manner in which such damages have been caused, under any liability argument. Such damages include, but are not exhaustively, the following:
a. Any loss of profits, directly or indirectly attributable;
b. Any loss of the company’s goodwill or reputation;
c. Any loss of data, the cost of acquiring goods or services and any other tangible or intangible loss;
d. Any loss or damage caused by you or third parties, including not exhaustive loss or damage suffered as a result of: (i) uncertainty about the precise time to dispose of funds; (ii) provide KASH-TM with inaccurate information; (ii) error by your customer or other user in providing KASH-TM with inaccurate information and (iv)not keeping your account data secure and confidential.
16. Compensation. You will indemnify KASH-TM, its assigns, successors, officers, directors, owners, agents, employees, affiliates, licensors, licensors and third party service providers (collectively referred to as the Indemnified Parties) for losses, damages, liabilities and claims, as well as for fees, costs and expenses of any kind related to such damages (including but not limited to, reasonable attorneys’ fees at all levels of arbitration, trial, or appeal), incurred by the Indemnified Parties to pursue any claim arising out of, based on or resulting from: (i) access to or use of the KASH-TM website, software or Services; (ii) your breach of any representation or warranty made by you under these Terms and Conditions; (iii) your breach or violation of the Terms and Conditions of this Agreement.
17. Notifications. Except as otherwise stated in these Terms and Conditions, any “Notice” or communication required or permitted under this Agreement will be sent in writing to KASH-TM, to the address indicated in the preamble, and you will be sent to the address specified in your account. This notice shall be effective: (i) when personally delivered or sent by fax or email to a telephone number or email address, as applicable; (ii) the next business day after the delivery of a nationally recognized nightly entrustment service (e.g. FedEx), with all expenses paid in advance; (iii) 3 days after shipment if sent by certified mail from the United States Postal Service, with acknowledgement of receipt and paid freight.
18. Amendments and Assignments. All modifications to the applicable Terms and Conditions or Additional Terms will be informed in advance under applicable law. Such modifications may be sent by email, regular mail, by posting them on the KASH-TM website or through the links provided in the agreements for the Services you use. You acknowledge and agree that your use of the Services following a revision of the Terms and Conditions or Additional Terms will constitute your acceptance of these as updated.
These terms and conditions or the applicable Additional Terms may not be assigned or transferred without the prior written consent of KASH-TM. However, these Terms and Conditions and the Additional Terms are well guarded by KASH-TM, its assigns and successors.
19. Applicable Law. To the extent permitted by law, KASH-TM agreements, including but not limited to these Terms and Conditions and The Additional Terms, are governed by the laws of the State of Nevada (United States of America), provided that it is not considered in conflict with other legal provisions.
20. Dispute Resolution.
THE FOLLOWING IS A MANDATORY ARBITRATION PROVISION.
In the event of a breach of these Terms and Conditions and/or the Additional Terms applicable by either party, the party that has not failed to comply shall be entitled to all appropriate legal and equitable measures, including, but not limited to: (i) a court order to enforce or prevent conduct that violates these Terms and/or any other applicable Additional Terms; (ii) damages incurred by the party that has not failed to comply as a result of the non-compliance; and (iii) attorneys’ fees and costs (at all levels of arbitration, trial and appeal) incurred by the party who has not failed to comply with the terms of these Terms and Conditions and/or any other applicable Additional Terms.
Any matter, question, dispute, claim or controversy arising out of or in connection with these Terms and/or any applicable Additional Conditions, or any provision thereof, or any breach, termination, application, interpretation or validity thereof, including the determination of the scope or enforceability of these Terms and/or any Additional Conditions applicable to arbitration, shall be determined by arbitration in the City of Las Vegas, Nevada single (arbitrator”). The arbitration shall be administered by JAMS in accordance with its General Arbitration Rules and in accordance with the Expedited Procedures of that Regulation. The judgment on the Award may be delivered by any competent court. This dispute resolution provision shall include urgent or emergency arbitration measures and shall not prevent either party from seeking interim solutions in aid of such urgent or emergency arbitration measures of an arbitrator pursuant to this document.
You understand that by accepting arbitration as required in these Terms, you waive any right you may have to file in court (for any reason other than an injunction, as set forth below) any claim that may have arisen from, or for any violation of, any federal, state, local or other law, regulation or ordinance, or any other protected right or arising under any law, regulation or regulation. However, you and ATM Technologies agree to waive all rights that you and we may have and we agree to submit all disputes to binding arbitration in accordance with the terms of these Terms and Conditions.
THE FOLLOWING IS A WAIVER OF THE RIGHTS OF A CLASS ACTION.
All arbitrations under these Terms and/or the Additional Terms must be individual. This means that neither ATM Technologies nor you, individually, may consolidate your claims in arbitration for or against any other party, or litigate in court, or arbitrate any dispute, claim or controversy as a representative or member of a class or as a private attorney general. To the extent a dispute arises as to this waiver of a party’s right to a class action, only a court based in the State of Nevada, and not an arbitrator, shall determine the validity and effect of this waiver of class action.
The Arbitrator shall have the authority to award the same damages and other reparations that a court may grant. The arbitrator shall issue a reasoned award explaining the decision and the damages granted. The arbitrator’s decision shall be final and binding on the parties. The parties shall comply with and fully comply with any award rendered by the arbitrator. In making the award, the Arbitrator shall indicate the reasons, including (without limitation) any actual damages or compensation calculations, if applicable.
Arbitration proceedings and any arbitration results(s) (including any arbitration awards) will be maintained by you and ATM Technologies as “Confidential Information”, and will not be disclosed publicly or to third parties, in any means (including social media), except where otherwise required by court order or where necessary to confirm, vacate or enforce the award and for confidential disclosure to the parties’ respective attorneys, tax advisors, senior management and other parties with a strict need to know.
In the event of arbitration under the terms of these Terms, fees charged by JAMS or another arbitration administrator and the Arbitrator shall be borne by the Parties as determined by the Arbitrator, except for any initial registration fees, which you and ATM Technologies shall pay equally. Otherwise, each party shall bear its own costs, expenses and attorneys’ fees incurred in the arbitration, unless the arbitrator decides otherwise.
21. Divisibility. In the event that any provision contained in these Terms and Conditions or the applicable Additional Terms is determined to be unlawful, invalid or unequated by an arbitrator, such provision shall apply, to the extent of law, and all other provisions of these Terms and Conditions and the applicable Additional Terms shall remain in full force and effect.
22. No Waivers. KASH-TM shall not be deemed to have waived any right, power, privilege or remedy, unless such waiver is made in writing and duly enforced. No failure to execute, delay in execution or the course of a management with respect to rights, powers, privileges or remedies shall be taken as a waiver of KASH-TM thereof or any other right, power, privilege or remedy. Failure to exercise or partially exercise any right, power, privilege or remedy shall not be taken as an obstacle to KASH-TM exercising such right or any other right, power, privilege or remedy.
23. Complete Agreement. These Terms and Conditions, together with the Additional Terms incorporated herein by reference, constitute the entire agreement between the parties with respect to their express content; and supersedes all prior agreements, discussions of relationships and understandings between the parties including, but not limited to, any statements, invoices or other similar documents issued by one of the parties; the agreement may not be modified unless signed and signed by KASH-TM.