Terms of Use

ACCEPTANCE OF TERMS OF USE

Welcome to AtlasandLane.com. AtlasandLane.com is owned by Atlas and Lane, LLC, both of which may be referred to in these Terms of Use as Atlas and Lane or AtlasandLane.com. Atlas and Lane provides their products and services to you subject to these Terms of Use.

If you visit or shop at AtlasandLane.com (the “Web Site”), you agree that you accept these Terms of Use.  If you do not accept all of the Terms of Use, do not use the Web Site.  Your use of the Web Site constitutes an explicit assertion that you understand, and unconditionally assent to, all the Terms of Use, and you agree to be bound thereby.  Please read the Terms of Use carefully. In addition, when you use any current or future AtlasandLane.com service or visit or purchase from any business affiliated with AtlasandLane.com, whether or not included in the  Web Site, you also will be subject to the guidelines and conditions applicable to such service or business, including these Terms of Use.

MODIFICATIONS OF TERMS OF USE

Atlas and Lane my, in its sole discretion, revise any or all of the Terms of Use at any time without notice or liability to you.  Any such revision shall be effective immediately upon posting to the Web Site.  Your continued use of the Web Site, Software or Materials following any such modification shall be conclusively deemed an unconditional acceptance of the entirety of such modifications.  Accordingly, you should visit the Web Site periodically to review the Terms of Use by which you are bound.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to the Web Site.  The Privacy Policy is incorporated by reference into these Terms of Use. 

DEFINITIONS

Materials - The "Materials" include the contents of the Web Site such as, but not limited to, text, hypertext markup language (“HTML”) script, software, logic, ideas, programs, source code, executable code, graphics, images, audio (e.g., .wav), video clips, photographs, digital picture files (e.g., .jpeg, .jpg, .gif), illustrations, multimedia materials, and other materials, whether accessible free of charge or for a fee.

 Software - Software that is now, or may become, available for downloading from the Web Site, but does not include software that is accessible or downloadable by way of third party linked web sites.

 Other Definitions - Definitions of other terms are as provided for herein. 

 ACCESS TO WEBSITE

Atlas and Lane retains the right and sole discretion to regulate, to the extent it deems desirable, access to all portions of the Web Site including, but not limited to, the Materials, the Web Site, the Software, and to suspend the operation of the Web Site or any portion thereof, at any time and without notice to you.

 USE OF WEB SITE

 You agree not to compromise, or attempt to compromise in any way, the operation or accessibility of the Web Site or the integrity of the Materials or Software, or systems, programming, practices, and procedures relating thereto, through any means, software, device, or routine including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly or impliedly prohibited by, or inconsistent with, any provision of these Terms of Use.

 You agree not to use any trademarks, service marks, names, logos, or other identifiers of the Web Site, Atlas and Lane, or Atlas and Lane’s employees, licensors, independent contractors, providers and affiliates, or business partners, including, but not limited to, ATLAS AND LANE or other marks of Atlas and Lane without the prior written permission of Atlas and Lane and/or any relevant affiliate(s). In addition, you shall not use Atlas and Lane or any affiliate’s trademarks or service marks: (1) in, as, or as part of, your own trademarks or service marks or those trademarks or service marks of any third parties; (2) to identify products or services not originating with or provided by Atlas and Lane and the Web Site; (3) in a manner likely to cause confusion; or (4) in a manner that implies in any way that Atlas and Lane or Atlas and Lane affiliates sponsor, endorse, or are otherwise associated with, your own activities, products and services or the activities, products, and services of third parties.

ELECTRONIC COMMUNICATIONS

When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Except as otherwise noted herein or elsewhere on the Web Site, all your communications will be considered by Atlas and Lane to be non-confidential, wherein such communications may be transmitted in a variety of ways including, but not limited to, electronic mail and by way of any communication you provide on the Web Site. You understand and acknowledge that you have no expectation of privacy in any such communications, and that no confidential, fiduciary, contractually-implied or other relationship is created or implied between Atlas and Lane and you by reason of your communications.

 LINKS TO THIRD PARTY MATERIALS

The Web Site may contain links to third party web sites, web pages, and other materials. These links are provided solely as a convenience to you and in no way constitute an endorsement by Atlas and Lane as to any aspect of the contents on, or available through, such third party web sites. The inclusion of such links does not imply that Atlas and Lane or its affiliates sponsor or are affiliated with or are legally authorized to use any trademark, service mark, trade name, logo or copyright symbol displayed in or accessible through such links, or that such linked web sites are authorized to use any trademark, service mark, trade name, logo or copyright symbol owned by Atlas and Lane or by any of Atlas and Lane’s affiliates.

Atlas and Lane has no control over, and is not responsible in any way for, the content of linked third party web sites and accordingly makes no representations, warranties or guarantees regarding any aspect, including content or accuracy, of materials on, or available through, such third party web sites. If you decide to access linked third party web sites, you do so at your own risk. Any concerns that you may have regarding such links should be directed to the administrator or webmaster of the web page(s) and/or web sites associated therewith.

COPYRIGHT

All content included on this Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Atlas and Lane and may be protected by United States and international copyright laws. The compilation of all content on this Web Site is the exclusive property of Atlas and Lane, LLC and protected by U.S. and international copyright laws. All software used on this Web Site is the property of Atlas and Lane, LLC or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Atlas and Lane and other AtlasandLane.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Atlas and Lane and/or its subsidiaries or its affiliates.  Atlas and Lane trademarks and trade dress may not be used in connection with any product or service that is not from Atlas and Lane or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Atlas and Lane or AtlasandLane.com. All other trademarks not owned by Atlas and Lane and/or its subsidiaries or affiliates that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Atlas and Lane and/or its subsidiaries or affiliates. 

PATENTS

Atlas and Lane takes great pride in its innovation, quality, design, and manufacture of its products and properties.  Consequently, Atlas and Lane products are protected by a variety of patent, trademark, and other intellectual property rights.  These intellectual property rights recognize the innovative and distinctiveness of Atlas and Lane’s products, and provide Atlas and Lane with protection from infringement of these rights.  Atlas and Lane and its affiliates diligently enforces its intellectual property rights, and continually works to locate and prosecute those who infringe on these rights.

LICENSE AND SITE ACCESS 

Atlas and Lane grants you a limited license to access and use this Web Site in accordance with these Terms of Use and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Atlas and Lane. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Atlas and Lane. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Atlas and Lane. You may not use any meta tags or any other “hidden text” utilizing Atlas and Lane’s name or trademarks without the express written consent of Atlas and Lane. Any unauthorized use or use inconsistent with these Terms of Use terminates the permission or license granted by Atlas and Lane. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AtlasandLane so long as the link does not portray Atlas and Lane products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AtlasandLane logo or other proprietary graphic or trademark as part of the link without express written permission.

 SOFTWARE LICENSE

 All Software provided, if any, is protected by United States copyright laws, and may be protected by other local, state, and federal laws, statutes, and regulations as well. Software use is governed by the terms of the software license agreement or the designated legal notice that accompanies the Software ("Software License Agreement"). By downloading such Software, you agree unconditionally to be bound by all the terms of the Software License Agreement as well as these Terms of Use. In the event of a conflict between the Terms of Use and the Software License Agreement, the terms and provisions of the Software License Agreement shall control.

COPYRIGHT COMPLAINTS

Atlas and Lane and its affiliates and subsidiaries respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email cs@AtlasandLane.com.

SHIPMENT CONTRACT

All items purchased from AtlasandLane.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 

YOUR ACCOUNT

If you use this Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AtlasandLane.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may not use the Web Site.  If you are under 18 you should have a parent or guardian use the Web Site on your behalf; additionally, children under the age of 13 shall not register or provide any personal information to Atlas and Lane or register personal information on the Web Site.AtlasandLane.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

You represent and warrant that you are at least 18 years old and possess the legal capacity to enter into these Terms of Use.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Atlas and Lane reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Atlas and Lane a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AtlasandLane.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Atlas and Lane or its affiliates for all claims resulting from content you supply. Atlas and Lane has the right but not the obligation to monitor and edit or remove any activity or content. Atlas and Lane takes no responsibility and assumes no liability for any content posted by you or any third party. 

Atlas and Lane cannot, and does not, warrant or guarantee in any way, the truthfulness, accuracy, or reliability of any communications posted by another nor does Atlas and Lane endorse any opinions expressed by any other. You acknowledge that any reliance on material contained in communications posted by others will be solely at your own risk.

 You are solely responsible for any and all direct and/or indirect consequences and damages, whether foreseeable or otherwise, arising in connection with the transmission of your communications and/or the use of communications posted or transmitted by others.

PRODUCT DESCRIPTIONS

Atlas and Lane attempts to be as accurate as possible. However, AtlasandLane.com does not warrant that product descriptions or other content of this Web Site is accurate, complete, reliable, current, or error-free. If a product offered by AtlasandLane.com itself is not as described, your sole remedy is to return it in unused condition.  All returns shall be made pursuant to our Return Policy.

PRICING

Except where noted otherwise, the price displayed for products on our Web Site represents the price listed for the product.  Generally, product sales will be subject to applicable sales tax and shipping charges.  As such, we cannot confirm the final (after tax and shipping) price of an item until you order and has been confirmed with the inclusion of applicable sales tax and shipping charges.  We do not charge your credit card for a purchase until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog or on the Web Site may be mispriced. If we discover a mispricing, we will do one of the following:

  • If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you with instructions before shipping or cancel your order and notify you of such cancellation. 

Any claims for a refund must be done pursuant to our Refund Policy, which is incorporated into these Terms of Use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEB SITE IS PROVIDED BY ATLAS AND LANE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATLAS AND LANE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE OR THE ACCURACY THEREOF. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ATLAS AND LANE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY. ATLAS AND LANE DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM ATLAS AND LANE WILL OPERATE UNINTERRUPTED OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ATLAS AND LANE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR BUSINESS INTERRUPTION RESULTING FROM THE USE (OR INABILITY TO USE) OF THIS WEB SITE, FOR LOST DATA, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH ANY THIRD PARTY LINKED WEB SITES, OR ANY MATERIALS POSTED ON OR TRANSMITTED THROUGH THE WEB SITE BY THIRD PARTIES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IN THE EVENT ATLAS AND LANE IS FOUND LIABLE TO YOU, ATLAS AND LANE’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE MATERIALS, THE WEB SITE, AND SOFTWARE, IS LIMITED TO ANY FEE PAID BY YOU (IF ANY).

INDEMNIFICATION

 You agree to defend, indemnify, and hold harmless Atlas and Lane, Atlas and Lane’s affiliates, and Atlas and Lane and Atlas and Lane’s affiliates' officers, directors, employees and agents, from and against any claims, actions or demands, including, but not limited to, reasonable legal and accounting fees, arising or resulting from your use of the Web Site or your breach of these Terms of Use.

 COMPLIANCE WITH FOREIGN LAWS AND REGULATIONS

 This Web Site is based in the United States of America. However, access to, and/or use of, the Materials and Software may be prohibited in certain countries. Accordingly, Atlas and Lane makes no claim or representation that the Materials or Software may be legally downloaded or used outside of the United States. If you access the Web Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of any and all jurisdiction(s) wherein such downloading and/or use occurred.

 APPLICABLE LAW

 By visiting the Web Site, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and AtlasandLane.com or its affiliates.  Furthermore, you agree that the courts of Utah shall have exclusive jurisdiction to determine all claims, disputes, actions, or suits that may arise hereunder and you expressly consent to such exclusive jurisdiction and venue before the proper authority in Utah.

DISPUTES

Any dispute relating in any way to your visit to AtlasandLane.com or to products you purchase through AtlasandLane.com shall be submitted to confidential arbitration in Orem, Utah, except that, to the extent you have in any manner violated or threatened to violate Atlas and Lane’s intellectual property rights, Atlas and Lane may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

DAMAGES AND DISCLAIMERS

You understand and acknowledge that the Web Site, Software, and Materials may include errors and omissions, and that Atlas and Lane makes NO representation, warrantee, or guarantee of any kind as to the accuracy, reliability, completeness, or timeliness of the Materials, the Software, or the Web Site, functions made accessible by or accessed through the Web Site, products or services made available on or through any third party linked web sites, or any materials posted on or transmitted through the Web Site by third parties.

Atlas and Lane does NOT warrant that the operation of the Web Site, Software or Materials will be uninterrupted or error-free. Nor does Atlas and Lane warrant that any defects in the Web Site, Software or Materials will be corrected, or that the Web Site, Software or Materials are free from computer viruses, infections, worms, time bombs, trojan horses, or other destructive or disruptive code, routines or programs.

In no event, shall Atlas and Lane be liable for any direct, indirect, incidental or consequential damages, lost profits, or business interruption resulting from last date, or the use or inability to use the Web Site, Materials or Software functions made accessible by or accessed through the Web Site, products or services made available on or through any third party linked web sites, or any materials posted on or transmitted through the Web Site by third parties.

You understand that you use the Web Site and Materials at your own risk and that you alone are responsible for the results obtained for through such use.

INCORPORATION BY REFERENCE; SEVERABILITY 

Please review our other policies posted on this Web Site as such are incorporated herein to these Terms of Use. If any provision of these Terms of Use, including the incorporated policies herein, shall be deemed invalid, void, or for any reason unenforceable, such shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. 

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between the you and Atlas and Lane and supersedes all prior agreements and negotiations that relate to the subject matter of these Terms of Use, whether oral or written, between the you and Atlas and Lane, except as expressly provided in other material on a particular web page of the Web Site. You acknowledges that no promise, representation, warranty, or covenant not included in these Terms of Use has been or is relied upon. You have relied upon your own examination of the full Terms of Use, incorporated policies, and the provisions thereof, and the warranties, representations, and covenants expressly contained in the Terms of Use itself.

TERMINATION

In its sole discretion, Atlas and Lane may terminate your access to the Web Site, Materials, or Software, if, in Atlas and Lane’s judgment, continuation of such access would in any way be inconsistent with the purposes or terms of these Terms of Use, and/or with the operation and/or functioning of the Web Site, Software, or Materials or software, systems, programming, practices, and procedures relating thereto. Notwithstanding anything to the contrary in these Terms of Use, Atlas and Lane is not required to give any notice prior to such termination.

In the event that you breach these Terms of Use, your permission to use the Materials, Web Site, and Software is automatically terminated, and you shall immediately destroy any and all copies, however such may be embodied, that you have made of the Materials and Software.

Without limiting the availability of any other remedies available to Atlas and Lane, Atlas and Lane may suspend or terminate your access to the Materials, Web Site, and Software, if you are found, by conviction, settlement, insurance or escrow investigation, or otherwise, to have engaged in fraudulent activity in connection with the Web Site, Materials, or Software, or software, systems, programming, practices, and procedures relating thereto.

If you fail for any reason to pay, when due, any amount due and owing by you to Atlas and Lane, then Atlas and Lane, in its sole discretion, may immediately and without notice to you, suspend or terminate your access to the Materials, Web Site, and Software. Such action(s) by Atlas and Lane may remain in effect, at Atlas and Lane’s discretion, until you pay all amounts owed to Atlas and Lane. The foregoing is not intended to limit or foreclose, in any way, any other right or remedy Atlas and Lane may have at law or in equity.

WAIVER

A waiver by either party of a breach of any term or condition of these Terms of Use shall not constitute a waiver of any further breach of a term or condition of these Terms of Use and no waiver shall be effective unless in writing signed by the party.

COST AND FEES UPON DEFAULT

If either party defaults in the performance of its obligations under these Terms of Use, then the defaulting party agrees to pay reasonable costs and attorneys' fees to enforce these Terms of Use.

 ASSIGNMENT

 These Terms of Use shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the parties. Notwithstanding the immediately preceding sentence, you agree not to assign, transfer or sublicense any portion of your rights, duties, or obligations under these Terms of Use, and any such assignment, transfer, or license shall be void ab initio.  However, Atlas and Lane shall have the right to assign these Terms of Use in whole or in part without your prior written consent. Finally, either party may assign these Terms of Use without the consent of the other where substantially all of such party's assets are acquired through merger, acquisition or other business combination.

 

OUR ADDRESS

Atlas and Lane, LLC

260 Center Street

Orem , UT 84057