Please read these Terms of Service (“Terms“) carefully before using the Augmented Training Systems (“Company” or “ATS“) virtual reality (“VR“) applications (the “Service“) operated by
Augmented Training Systems, Inc. (“us“, “we“, or “our“).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.
These Terms apply to all users and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.

 1. Accounts
To use the Company’s ATS Hero Service (atshero.com), you must create an account with us. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 2. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Augmented Training Systems, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Augmented Training Systems, Inc.

3. Restrictions
You agree not to:
a. Use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
b. Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
c. Interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content, or reverse engineering or otherwise attempting to discover the source code of the Service;
d. Modify or create derivatives of the Service;
e. Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service;
f. Rent, lease, or sublicense your access to the Service;
g. Remove or alter any copyright, trademark, or other proprietary rights notices contained in or on the Service.

4. Limitation of Liability
In no event shall Augmented Training Systems, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses,
resulting from:
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service;
(iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

5.Indemnification
You agree to defend, indemnify, and hold harmless Augmented Training Systems, Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors,
from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees), resulting from or arising out of
a) your use and access of the Service, by you or any person using your account and password,
or b) a breach of these Terms.

6. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

7. Termination
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Governing Law
These Terms shall be governed and construed in accordance with the laws of United States, State of Texas, in the jurisdiction of Travis County, Texas, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

9. Contact Information
If you have any questions about these Terms, please contact us at:
Address:  383 Seneca Dr, Austin, TX 78737, United States
Email address:  [email protected]
Telephone number:  1 +512.348.5999

10. Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service 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, non-infringement, or course of performance. Augmented Training Systems, Inc., its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components;
or d) the results of using the Service will meet your requirements.

Version 1.1 (Nov 2024)