Attainia Terms of Service
Attainia, Inc. (“Attainia”) provides its service to you subject to the following Terms of Service (“TOS”). This is a binding legal agreement between you and Attainia. You agree to these TOS by clicking the applicable check-box when creating a user account and/or by using or continuing to use this Site. “”You” and similar terms means you in your individual capacity, the business for whom you work if you are using this Site on behalf of a business, as well as any other person or entity that has rights through you. In addition, when using specific Attainia services, you and Attainia will be subject to any guidelines or rules applicable to these services, which Attainia will provide upon registration for such services. For users accessing or purchasing such services, the applicable guidelines or rules shall be considered included in the TOS.
1. DESCRIPTION OF SERVICE
Attainia currently provides users with online business applications, including access to planning software and a venue for making and responding to inquiries for supplies (the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including any new Attainia services, as well as any altered Service or feature, will be subject to the TOS.
2. WHAT YOU MUST DO TO USE THE SERVICE
In order to use the Services, you must register at www.attainia.com (the “Site”). You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION INFORMATION MUST BE ACCURATE, CURRENT AND COMPLETE
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Attainia has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Attainia has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Attainia may also temporarily suspend any user account in the event we in good faith believe the user poses a threat to Attainia’s or any of its other customers’ or agents’ business or technology.
4. YOUR OBLIGATION TO PAY FEES
You agree to pay all subscription, service and use fees, if any, Attainia charges you for the Service. You agree to pay all costs (including attorney’s fees), if any, incurred by Attainia in collecting overdue fees from you, and to pay a late charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum rate allowed under applicable law. You also agree to pay all foreign, federal, state and local taxes applicable to your access, use or receipt of the Service.
5. ACCESS, PASSWORDS AND SECURITY
You may designate several users under your account, and you may provide and assign access and passwords to such users. Note that the number of users allowed will corresponds to the level of Services you are receiving from Attainia. You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). You will be responsible for all electronic communications, including account registration and other account holder information, e-mail, and other data (“Electronic Communications”) entered through or under your access number(s), password(s) or account number(s). Attainia is hereby authorized to treat any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) as having been sent and authorized by you. You agree immediately to notify Attainia if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s). You agree that you will not attempt to interfere with the functioning of the Site in any way, nor will you attempt to access any information or data to which you have not explicitly been granted access or attempt to access the information or data of any third party.
6. THE WAY WE HANDLE ELECTRONIC COMMUNICATION BETWEEN YOU AND ATTAINIA
Attainia allows you to send Electronic Communications directly to Attainia and interact with other users within applicable areas of the Site. Electronic Communications include your business’s product listing & services listing, pricing, and data which you send through the Site (the ” Data”). You acknowledge and agree to the following with respect to use of Electronic Communications through the Service:
- Attainia shall be entitled, but is not obligated, to review or retain your Electronic Communications for your compliance with the TOS and the security of the Site. Attainia may also review or retain Electronic Communications for other reasons, which Attainia believes in good faith, will improve the quality of the Services.
- Attainia may disclose Electronic Communications if required to by law or in the good faith belief that such disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Electronic Communications violate the rights of third parties; or (iv) protect the rights, property, or personal safety of Attainia, its users or others;
- You will not use any Electronic Communication for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening;
- You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- You will not in any way express or imply that any opinions contained in your Electronic Communications are endorsed by Attainia;
- You agree to provide Attainia with your e-mail address, promptly provide Attainia with any changes to your e-mail address and accept Electronic Communications from Attainia at the e-mail address you specify;
- You agree that Attainia may provide notices, statements and other communications to you solely through e- mail, posting on the Service or other electronic transmission; and
- You understand that the technical processing and transmission related to delivery of the Services, including your Electronic Communications, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SECURITY OF DATA TRANSMISSION
You agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by Attainia. You acknowledge that Attainia is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. You acknowledge that it is possible that Electronic Communications may be accessed by unauthorized third parties when communicated between you and Attainia using the Internet, other network communications facilities, telephone or any other electronic means, and that such transmissions of Electronic Communications are at your sole risk. Attainia is not responsible or liable for illegal actions of third parties (for example, hackers).
8. GENERAL PRACTICES REGARDING USE OF THE SERVICE
You acknowledge that Attainia may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge that Attainia reserves the right to disable accounts that are inactive for an extended period of time You further acknowledge that Attainia reserves the right to change these general practices and limits at any time, in its discretion by providing notice of such changes on the Site.
9. SUPPLIER OBLIGATIONS
9.1 Each entity providing information about supplies on the Site (“Supplier”) hereby acknowledges and agrees that it shall be responsible for all goods and services offered by Supplier on the Attainia site, all materials used or displayed on the site, and all acts or omissions that occur in connection with Supplier’s use of the Site, including but not limited to Supplier’s use of its account or password and its communications with other users.
9.1.1 Supplier agrees to display in the Site supplier’s contact information, including but not limited to Supplier’s company name, address, telephone number, fax number and e-mail address. Supplier also agrees to update such information to keep it true, accurate, current and complete.
9.1.2 Supplier agrees that any and all press releases and other public announcements related to this Agreement and subsequent transactions between Attainia, Inc. and Supplier, including the method and timing of such announcements, must be approved in advance by Attainia, Inc. in writing. Attainia, Inc. reserves the right to withhold approval of any public announcement in its sole discretion. Without limitation, any breach of Supplier’s obligation regarding public announcements shall be a material breach of the TOS and may result in termination of Supplier’s account.
9.1.3 Supplier represents and warrants that it has full power and authority under all relevant laws and regulations:
- to offer and sell the goods and services offered on the Site, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered;
- to copy and display the materials used or displayed at the site;
9.1.4 Supplier represents and warrants that it will not engage in any activities:
- that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control;
- that defame, impersonate or invade the privacy of any third party or entity;
- that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and,
- that are in any way connected with the transmission of “junk mail” “spam” or the unsolicited mass distribution of e-mail, or with any unethical marketing practices.
9.2 Attainia reserves the right to refuse to host or continue to host any Supplier or Supplier content which (1) has received a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders; (2) has become the subject of a government complaint or investigation; (3) has violated or threatens to violate the letter or spirit of the TOS; or (4) which Attainia believes in its sole discretion is not in Attainia’s best interest to continue to host.
10. SECURITY AND STORAGE OF DATA
The security of your Data may be maintained through the use of data encryption, data security protocols, passwords and other methods which Attainia may employ, or which Attainia may suggest or require that you employ. You agree that Attainia has no responsibility or liability for the deletion or failure to store any Data transmitted by you or anyone else to the Service.
11. ATTAINIA’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Attainia grants you a non-transferable, non-exclusive and terminable right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Software or any part thereof or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Attainia for use in accessing the Service.
Infringing Material/DMCA. Notification Procedures. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to the email address listed in “Contact Information” below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to the email address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
12. TRADEMARK INFORMATION
“Attainia” and the Attainia logo and other Attainia trademarks, service marks, logos and product and service names are trademarks of Attainia (the “Attainia Marks”). You agree not to display or use the Attainia Marks in any manner without Attainia’s express prior written permission.
13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATTAINIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ATTAINIA FURTHER DISCLAIMS THAT INFORMATION, INCLUDING BUT NOT LIMITED TO PRICES AND PRODUCT DESCRIPTIONS, ARE ACCURATE, AND ATTAINIA IS NOT RESPONSIBLE OR LIABLE FOR ANY INACCURATE INFORMATION APPEARING ON THE SITE B. ATTAINIA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATTAINIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. D. NO ADVICE OR COUNSEL IS GIVEN, OR SHALL BE DEEMED TO HAVE BEEN GIVEN, BY THE SERVICE.
14. LIMITATION OF LIABILITY
LIMITATION OF LIABILITY IN NO EVENT WILL ATTAINIA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE ITEMS) EVEN IF ATTAINIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THAT THE LIABILITY OF ATTAINIA ARISING OUT OF ANY KIND OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. Attainia shall not be liable for any loss resulting from a cause over which Attainia does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. Attainia is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Service. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Attainia harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of the TOS, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights, or from your breach of any representation or warranty set forth in the TOS. This obligation will survive the termination of Service.
16. MODIFICATIONS TO OR DISCONTINUATION OF SERVICE
Attainia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Attainia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. OUR ABILITY TO TERMINATE SERVICE
You agree that Attainia, in its sole discretion, may terminate or suspend your password, account (or any part thereof) or use of the Service, and remove and discard any Electronic Communications within the Service, for any reason, including, without limitation, for lack of use or if Attainia believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Attainia may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Attainia may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Attainia shall not be liable to you or any third party for any termination of your access to the Service; provided, however, that if the termination is unrelated to your acts or omissions Attainia will refund the pro rata portion of any fee that may have been paid by you for the portion of the Service not furnished to you as of the date of such termination.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Attainia has no control over such sites and resources, you acknowledge and agree that Attainia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Attainia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Notices to you from Attainia may be made by either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.
The TOS may be modified by Attainia at any time. If Attainia sends you notice, via e- mail, posting on the Site / Service or otherwise, of a modification, your continued use of the Services after such notice shall be deemed an acceptance of the modifications.
21. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and Attainia and govern your use of the Service, superseding any prior agreements between you and Attainia with respect to the subject matter contained in the TOS. The TOS may only be modified or amended as set forth above in Section 20 or otherwise in a writing signed by Attainia and you. The TOS and the relationship between you and Attainia shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Attainia agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Attainia to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that you will bring any alleged claim against Attainia only in your individual capacity and not as part of any alleged class or collective action. The Section titles in the TOS are for convenience only and have no legal or contractual effect. All terms which by their nature are intended to survive expiration or termination of these TOS shall survive. You understand and agree that Attainia is located within the U.S. and you consent that your information and data is sent to, stored in, and processed within the U.S. Attainia may assign its rights and obligations under these TOS. You may not assign any rights or obligations under these TOS without Attainia’s written consent.
Contact Attainia. You may contact Attainia by email at [email protected], or by telephone at 866.288.2464.