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Conditions of Use

Introduction

This Terms of Use and/or User Agreement, refers to ATMTrader, ATMTrader.com, and/or www.ATMTrader.com (hereinafter “ATMTrader” or the "Web Site"). The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Web Site. The terms “ATMTader”, “we”, “us”, and “our” refer to ATMTrader.com, Inc., its affiliates and subsidiaries. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The goal of the Web Site is to provide access to an online marketplace to as wide an audience as possible. In order to ensure a safe, pleasant environment for all of our users, we have established this Terms of Use - User Agreement (hereinafter “User Agreement”). In this way, you will know what you can expect from us and what we expect from you. By entering and or otherwise using ATMTrader (including ATMTrader.com and its related sites, services and tools), you agree to the following terms with ATMTrader Inc. and the general principles for the websites of our subsidiaries and affiliates.

This User Agreement applies to all sales channels of ATMTrader and its affiliate including but not limited to, the internet, telephone, catalog, radio, television, mobile device, and retail/wholesale location (e.g. a warehouse or office building). By accessing any of ATMTrader’s sales channels, and any area of the Web Site, you agree to be legally bound and to abide by, this User Agreement. The following describes the terms on which ATMTrader offers you access to our services.

Scope

By entering and/or otherwise using this Web Site, you agree you agree that this User Agreement and Privacy Policy will apply whenever you use ATMTrader sites or services, or when you use the tools we make available to interact with ATMTrader sites and services. We strongly recommend that you read all the terms in, and linked to, this User Agreement and the ATMTrader Privacy and Security Policy. If you have questions regarding privacy and/or security please review our Privacy and Security Policy, which also governs your visit to the Web Site. Please note, if you use another ATMTrader site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some ATMTrader sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

Copyright

You acknowledge that ATMTrader contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All content is copyrighted as a collective work under the U.S. copyright laws, and ATMTrader or its Affiliates or other third party licensors may own a copyright in the selection, coordination, arrangement, and enhancement of such content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. If no specific restrictions are displayed, you may use the content only for your personal non-commercial use and make copies of select portions of the content, provided that the copies are made only for your personal use and that you maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software content shall be governed by the software license agreement accompanying such software.

Nothing on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Web Site or any information displayed on the Web Site, through the use of framing, deep linking or otherwise, except: (1) as expressly permitted by this User Agreement or (2) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Web Site.

Intellectual Property Infringement

ATMTrader respects the rights of all copyright holders and in this regard it has adopted and implemented a policy that provides for the termination of user privileges and membership in appropriate circumstances of users who infringe the rights of copyright holders. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Web Site, or items advertised on the Web Site.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ATMTrader’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d. Information reasonably sufficient to permit us to contact the complaining party;

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notifications accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company's Copyright Agent for notice of claims of copyright infringement on or regarding this Web Site can be reached by mail as follows:

Copyright Agent
c/o ATMTrader, Inc.
2235 Auto Center Dr.
Glendora, CA 91740

User Name and Password

When you access the Web Site anonymously, you may do so as a visitor and are not required to create a username. However, in order to access certain services on the Web Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your username and password and you will be solely liable for any use or unauthorized use. Do not give any person or entity your username of 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 you with such notice.

Using ATMTrader, online conduct, and public forums

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

• Post content or items in an inappropriate category or areas on our Web Site and services.
• Violate any laws, third party rights or our policies.
• Use our Web Site, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Web Site, 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 users' 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 off of the Web Site or using it for purposes unrelated to ATMTrader).
• Transfer your ATMTrader account (including feedback) and User ID to another party without our consent. 
• Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
• Distribute viruses or any other technologies that may harm ATMTrader, or the interests or property of ATMTrader users. 
• Export or re-export any ATMTrader tools except in compliance with the export control laws of any relevant jurisdictions.
• Copy, modify or distribute rights or content from the Web Site, service or tools or ATMTrader's copyrights and trademarks. 
• Harvest or otherwise collect information about users, 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 and rate forum, or other interactive service or promotion on or accessible via the Web Site , and includes both public boards and folders. You must use, subscribe, or register in accordance with instructions that you will find on the Web Site in order 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.

ATMTrader and its Affiliates are not responsible for any User Submissions or material appearing in any public forum on the Web Site, 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 for any other reason. We retain, however, the right to prohibit or remove conduct, communication, or content, which ATMTrader, in its sole discretion, deems to be harmful to users of the Web Site.

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

Abusing ATMTrader

ATMTrader and the community work together to keep our Web Site 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 Web Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the Web Site 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, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of 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 Web Site, services or tools.

Access and Interference

The Web Sites contains robot exclusion headers. Much of the information on the Web Site is updated on a real-time basis and is proprietary or is licensed to ATMTrader by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express hand written 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 Web Site without the prior express written permission of ATMTrader and the appropriate third party, as applicable. 
• Interfere or attempt to interfere with the proper working of the Web Site, services or tools, or any activities conducted on or with the Web Site, services or tools.

Listing Contents and Conditions and ATMTrader’s rights

By listing an item on the Web Site you assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Web Site, your listing will be posted on Web Site and can be viewed in My ATMTrader. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so ATMTrader can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings.

For any information, data, software, photographs, graphs, videos, and/or other material (collectively “content”), sent, transmitted, or uploaded by you on the Web Site, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. You waive any and all rights and remedies you may have against ATMTrader or its Affiliates and hereby release ATMTrader and its Affiliates from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind relating to providing, posting, transmitting, or making available through the Web Site any use content or ATMTrader receiving, evaluating, and utilizing such content.

For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including ATMTrader users). You may use catalog content solely in connection with your ATMTrader listings during the time your listings are on ATMTrader's sites. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all ATMTrader policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

ATMTrader, and/or its Affiliates, may elect, but are not obligated, to monitor, electronically or otherwise, areas of the Web Site and may disclose any content (including user submissions), records, or electronic communication of any kind and information you provide to ATMTrader or its Affiliates, through the Web Site or otherwise, including all merchandising channels, (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate the Web Site and/or the overall business of ATMTrader and its Affiliates; or (iii) to protect the rights or property of ATMTrader, users of the Web Site, Affiliates, subscribers, customers, recipients, Sponsors, Providers, Licensors, Sellers, or Merchants. Subject to the "Copyright Agent" provisions above, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, ATMTrader may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Web Site.

You can read more about where your listings appear in search and browse results in ATMTrader’s Help Pages.

Third Party Content on the Web Site

ATMTrader is a distributor and not a publisher of the content supplied by third parties on the Web Site 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 Web Site, 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 ATMTrader 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 ATMTrader, guarantees the accuracy, completeness, nor the usefulness of any content, nor its merchantability or fitness for any particular purpose.

Loyalty Programs and Promotion Offers

From time to time, ATMTrader and its Affiliates offer Loyalty Programs and Promotional Offers under various names to our customers, members, visitors and users. In addition to the terms and conditions set forth in the User Agreement, these Loyalty Programs and Promotional Offers may be subject to their own specific and additional terms and conditions displayed on the marketing materials. Please be sure you have read and understand all of the terms and conditions of the Loyalty Programs and Promotional Offers before you purchase any of the products or services offered in association with these Loyalty Programs and Promotional Offers.

Compliance with Laws and Export Regulations

You agree to use the content and this Web Site in compliance with all applicable laws, rules and regulations and in a manner that does not, in the sole judgment of ATMTrader, negatively reflect on the goodwill or reputation of ATMTrader 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 Web Site to either a foreign national or a foreign destination in violation of such laws.

Endorsement

The opinions and recommendations contained in the Web Site are not necessarily those of ATMTrader or endorsed by ATMTrader. ATMTrader is not responsible for screening, policing, editing, or monitoring content (including user submissions).


Disclaimers and Limitation of Liability

You agree that you will hold harmless ATMTrader and its officers, directors, employees, and volunteers from all claims arising out of or relating to your access or use of this Web Site or the information contained in this Web Site or other web sites to which it is linked. You will not hold ATMTrader responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores and fixed price formats. ATMTrader is provided on an “As Is”, “As Available” basis. We are not involved in the actual transaction between buyers and sellers except when products are sold directly from the ATMTrader Web Site. 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 advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

We do not transfer legal ownership of items from the seller to the buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) applies 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 operation of our sites, services or tools may be interfered with by numerous factors outside our control. Neither ATMTrader nor its affiliates warrant that use of the Site will be uninterrupted or error-free. Accordingly, to the extent legally permitted, ATMTrader specifically 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 ATMTrader or its Affiliates shall create a warranty. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of 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 use of the Web Site is at your sole risk. You hereby acknowledge that these terms shall apply to all content, merchandise, and services available through the Web Site. 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 to any third party is limited to the greater of: (a) the total fees (under ATMTrader Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.00.

Unless otherwise specifically states 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 not available 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.

ATMTrader 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, discounts, including but not limited to, any and all promotional or advertising errors and/or the actual 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 ATMTrader and its Affiliates, Sellers, including but not limited to, the internet, telephone, catalog, radio, television, mobile device, and participating warehouse or office locations and ATM Trader and ATMTrader. 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.

Indemnity

You agree to indemnify, defend and hold harmless ATMTrader, 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 Web Site 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 ATMTrader, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ATMTrader agree that we will resolve any claim or controversy at law or equity that arises out of this User Agreement, our Privacy and Security Policy, our advertising or solicitation practices, to products you purchase through the Web Site, or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Resolution Center help page. 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 Web Site 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 ATMTrader and/or its Affiliates. You agree that any claim or dispute you may have against ATMTrader must be resolved exclusively by a state or federal court located in Los Angeles 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 Los Angeles, California for the purpose of litigating all such claims or disputes. ATMTrader may seek injunctive or other appropriate relief in any state or federal in the State of 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 total amount of the award sought is less than $10,000.00, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. In the event 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 ATMTrader 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, ATMTrader may recover attorneys' fees and costs up to $1,000.00, provided that ATMTrader has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Notices

Except as explicitly stated otherwise, legal notices shall be served on ATMTrader's national registered agent (in the case of ATMTrader) or to the email address you provide to ATMTrader during the registration process (in your case). Notice shall be deemed given 24 hours after 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

ATMTrader may terminate your access, or suspend your access to all or part of the Web Site, without notice, for any conduct that ATMTrader, 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, ATMTrader 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 ATMTrader 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 Web Site, you consent to the terms of this User Agreement and the Privacy and Security Policy. We may amend these Agreements at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Use of this Web Site 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 June 01, 2011 and was last updated on June 01, 2011.

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 custserv@atmtrader.com along with your question.