ATS Customer Agreement

This is an agreement between you and ATS Commercial Group LLC, regarding products purchased by you from ATS, and/or services requested and/or authorized by you to be rendered by ATS. These products and/or services will be collectively referred to as "the work" in the remainder of this document.

Although we are very confident in the high quality of our products and services, it is impossible for ATS to ensure that the work will be 100% complete and accurate. If an error or ommission in the work is found, ATS staff will normally correct the problem quickly and without further incident. However, if an error or ommission in the work should result in damage to your business or result in a legal dispute, you agree not to hold ATS liable for damages exceeding the purchase price paid by you to ATS for the work. You may be entitled to a full refund, but you will not be entitled to any compensation for lost sales, downtime, or other consequences resulting from errors or ommissions in the work.

Unless specificed in a written agreement signed by ATS owner Mark Aardsma, ATS retains exclusive copyright and resale rights on any software developed by ATS staff, including custom software you may hire ATS to develop specifically for you. This is because, due to the nature of our business, software we develop is frequently adapted or re-used in whole or in part for subsequent projects.

Retail software products (as opposed to custom software development services) purchased from ATS are licensed on a per-domain basis. For example, one license for the ATS Printable Invoice Module for ClickCartPro must be purchased for each domain on which it will be installed.

Software developed for you under a custom software development contract is licensed to you on a per-company basis. This means you may use the custom software on any web sites owned and operated by your company. You may not distribute or sell the custom software to any other entity. Violators of this agreement may incur civil and/or criminal liability.

ATS' failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Chicago, IL.