Conditions for using ATMDepot.com

User Name and Password

When you access the Website anonymously, you may do so as a visitor and are not required to create a username. However, to access certain services on the Website, you will be required to provide specific information. All information about you must be truthful, and you may not use aliases or other means to mask your true identity. You are responsible for the security of your username and password and will be solely liable for any use or unauthorized use. Do not give any person or entity your username or password information. We may suspend or terminate your username and password at any time with or without notice, but we will take all reasonable steps to provide such notice.

Using ATMDepot.com, online conduct, and public forums

Upon entering and/or otherwise using ATMDepot sites, services, and tools, you expressly agree that you will not:

• Post content or items in an inappropriate category or areas on our Website and services.
• Violate any laws, third-party rights, or our policies.
• Use our Website, services, or tools if you cannot form legally binding contracts, are under 18, or are temporarily or indefinitely suspended from using our Website, services, or tools.
• Fail to deliver payment for items purchased by you unless the seller has materially changed the item’s description after purchase, a clear typographical error is made, or you cannot authenticate the seller’s identity.
• Fail to deliver items purchased from you unless the buyer fails to meet buyer obligations or you cannot authenticate the buyer’s identity. 
• Manipulate the price of any item or interfere with other user’s listings.
• Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
• Take any action that may undermine the feedback or ratings systems (such as displaying, importing, or exporting feedback information from the Website or using it for purposes unrelated to ATMDepot.com).
• Distribute viruses or any other technologies that may harm ATMDepot.com or the interests or property of ATMDepot users. 
• Copy, modify, or distribute rights or content from the Website, service, tools, or ATMDepot.com’s copyrights and trademarks. 
• Harvest or otherwise collect user information, including email addresses, without their consent.

A “public forum” means any publicly accessible message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review, rate forum, or other interactive service or promotion on or accessible via the Website and includes both public boards and folders. You must use, subscribe, or register per instructions you will find on the Website to participate or contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person’s privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, or as otherwise expressly prohibited above.

ATMDepot.com and its Affiliates or Independent ATM Deployers, hereinafter “IADs,” are not responsible for any User Submissions or material appearing in any public forum on the Website except for content signed by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or other reasons. We retain, however, the right to prohibit or remove conduct, communication, or content which ATMDepot.com, in its sole discretion, deems to be harmful to users of the Website.

Any conduct by you that, in ATMDepot.com’s sole discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website in accordance with this User Agreement and only for lawful purposes.

Abusing ATMDepot.com

ATMDepot.com and the community work together to keep our Website sites and services working properly and the community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our Website and its content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, in appropriate circumstances and at our discretion, we may suspend or terminate accounts of users who may be repeat infringers of the intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue the Website, services, or tools.

Access and Interference

The Websites contain robot exclusion headers. Much of the information on the Website is updated in real-time and is proprietary or licensed to ATMDepot.com by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Website without the prior express written permission of ATMDepot.com and the appropriate third party, as applicable. 
• Interfere or attempt to interfere with the proper working of the Website, services, or tools, or any activities conducted on or with the Website, services, or tools.

Third-Party Content on the Website

ATMDepot.com is a distributor and not a publisher of the content supplied by third parties on the Website and does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including Providers, Merchants, Sellers, Sponsors, Licensors, or any user of the Website, are those of the respective authors or distributors and not of the Company or its Affiliates or any of its officers, directors, employees, or agents. Neither ATMDepot.com nor its Affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any provider, merchant, seller, sponsor, licensor, or any other user of ATMDepot.com, guarantees the accuracy, completeness, nor the usefulness of any content, nor its merchantability or fitness for any particular purpose.

Compliance with Laws and Export Regulations

You agree to use the content and this Website in compliance with all applicable laws, rules, and regulations and in a manner that does not, in the sole judgment of ATMDepot.com, negatively reflect on the goodwill or reputation of ATMDepot.com or any of its Affiliates.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content derived from the Website to either a foreign national or a foreign destination in violation of such laws.

Endorsement

The opinions and recommendations on the Website are not necessarily those of ATMDepot.com or endorsed by ATMDepot.com. ATMDepot.com is not responsible for screening, policing, editing, or monitoring content (including user submissions).

Disclaimers and Limitations of Liability

You agree that you will hold ATMDepot.com and its officers, directors, employees, and volunteers harmless from all claims arising out of or relating to your access or use of this Website or the information contained in this Website or other Websites to which it is linked. You will not hold ATMDepot.com responsible for other users’ content, actions, inactions, items they list, or their destruction of allegedly fake items.

You acknowledge that our website is a venue to allow us and any of our Independent ATM Deployers, “IADs,” to offer and sell ATM Machines, ATM Processing, and ATM Services, at any time, from anywhere, in various pricing formats and locations.

ATMDepot.com is provided on an “As Is,” “As Available” basis. We are not involved in the actual transaction between buyers and sellers (IADs) except when products are sold directly from ATMDepot.com. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of items or services advertised, the truth or accuracy of IAD content or listings, the ability of IAD to sell services, the ability of buyers to pay for services, or that a buyer or seller will actually complete a transaction.

California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and numerous factors outside our control may interfere with the operation of our sites, services, or tools. Neither ATMDepot.com nor its affiliates warrant that use of the Site will be uninterrupted or error-free. Accordingly, to the extent legally permitted, ATMDepot.com expressly disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability, or warranties of fitness for a particular purpose. No oral advice or written information given by ATMDepot.com, its Affiliates, or IADs shall create a warranty. We are not liable for any loss of money, goodwill, or reputation or any special, indirect, or consequential damages arising from your use of or your inability to use our sites, services, and tools. You expressly agree that your access to, viewing of, browsing, visiting, or using the Website is at your sole risk. You hereby acknowledge that these terms shall apply to all content, merchandise, and services available through the Website. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so in such states, liability is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or any third party is limited to the greater of (a) the total fees (under ATMDepot.com Fees and Services) you paid to us in the 12 months before the action giving rise to the liability, and (b) $100.00.

Unless otherwise stated explicitly to the contrary, all prices and discounts for any and all products or services offered for sale (offers) are exclusive of applicable service and shipping charges and federal, state, and local taxes, products and offers may vary and are subject to availability, delivery rules and times. Offers cannot be combined, are unavailable on all products and services, and are subject to restriction, limitations, and blackout periods. Prices and charges are subject to change without notice. Void where prohibited.  

ATMDepot.com reserves the right, within its sole discretion, to refuse to accept and process any and all customer orders and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, and discounts, including but not limited to, any and all promotional or advertising errors and/or the actually suspected misuse, fraud or abuse associated with said promotional offers or customer orders.

You hereby acknowledge that this paragraph shall apply to all products, services, and content available through all sales channels of ATMDepot.com and its Affiliates, Sellers, and IADs, including but not limited to the internet, telephone, catalog, radio, television, mobile device, and participating warehouse or office locations of ATMDepot.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Refunds and Returns

ATM purchases are prepaid and shipped from the manufacturer and can not be returned. All sales of ATM equipment are final once the item is shipped, typically 3 – 5 days after payment clears. Some circumstances may delay shipping. You agree and understand that once your order is placed and shipped, ATMDepot.com cannot accept returns.

Indemnity

You agree to indemnify, defend and hold harmless ATMDepot.com, its Affiliates, and any of their respective officers, directors, agent, or employees from and against any and all liability, claims, costs, and expenses (including without limitation reasonable legal fees, and expenses), brought by any third party alleging, arising, related or resulting from your use (or use by any third party using your account) of the Website in violation or breach of the User Agreement and the Privacy and Security Policy.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Disputes

If a dispute arises between you and ATMDepot.com, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and ATMDepot.com agree that we will resolve any claim or controversy at law or equity that arises out of this User Agreement, our Privacy Policy, our advertising or solicitation practices, to products you purchase through the Website or our services (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you first to contact us directly to seek a resolution by contacting us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Legal Disputes – If you access the Website from anywhere in the United States, you agree that the laws of the State of California, without regard to principles to conflict of law, will govern this User Agreement, the Privacy and Security Policy, and any dispute of any sort that might arise between you and ATMDepot.com and/or its Affiliates. You agree that any claim or dispute you may have against ATMDepot.com must be resolved exclusively by a state or federal court located in San Diego County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Diego, California, for the purpose of litigating all such claims or disputes. ATMDepot.com may seek injunctive or other appropriate relief in any state or federal state in California, and you consent to exclusive jurisdiction and venue in such courts.

• Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the award amount sought is less than $10,000.00, the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. Arbitration under this Agreement shall be conducted under the rules of the American Arbitration Association. If a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

• Improperly Filed Claims – All claims you bring against ATMDepot.com must be resolved in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Disputes Section, ATMDepot.com may recover attorneys’ fees and costs up to $2,000.00, provided that ATMDepot.com has notified you in writing of the improperly filed claim and that you have failed to withdraw the claim promptly.

Notices

Except as explicitly stated otherwise, legal notices shall be served on ATMDepot.com’s national registered agent (Intelligent e-Commerce, Inc. in the case of ATMDepot.com) or to the email address you provide to ATMDepot.com during the registration process (in your case). Notice shall be deemed given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Termination of Usage

ATMDepot.com may terminate your access or suspend your access to all or part of the Website, without notice, for any conduct that ATMDepot.com, in its sole discretion, believes is a violation or breach of either the User Agreements and Privacy and Security Policy, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Provider, Merchant, Seller, Sponsor, Licensor, content or service provider, ATMDepot.com or its Affiliates.

General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal, or incapable of being enforced, the court shall modify only the affected term, condition, or provision to effect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled, and ATMDepot.com and its Affiliates are protected to the greatest extent possible. In our sole discretion, we may assign this User Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn’t waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity, and Disputes.

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Consent and Changes to this Policy

Subject to the above provisions, by using our Website, you consent to the terms of this User Agreement and the Privacy and Security Policy. We may amend these Agreements anytime by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after posting. Use of this Website after we post changes to the User Agreement and Privacy and Security Policy represents your acceptance and agreement to those changes, whether or not you actually reviewed the amendments. This User Agreement is effective as of January 1, 2022, and was last updated on Jan 1, 2023.

If you have any questions regarding this User Agreement, please send us an e-mail with your complete name, postal address, and email address to atmdepot@gmail.com along with your question.