Please read the following Terms of Service (“TOS”) carefully. These TOS govern your use of the website, products and services provided by Attain Data and any of our subsidiaries or affiliates (“Attain Platform”). As a visitor or subscriber to the Attain services, your continuing use of the Attain Platform indicates that you acknowledge and accept these TOS, which may be updated from time to time. If you do not agree with these TOS, you should not use the Attain Platform. The terms "You" or "Your" refers to the user, visitor, subscriber or viewer of the Attain Platform.
1. Age Requirement
You represent that (i) You are at least 18 years old, and (ii) You have read, understood, and agree to be bound by these TOS. If You are not at least 18 years old, You may not use the Attain Platform.
2. Attain Platform
2.1. Description. Attain’s Platform provides business to business users with solutions to better help understand advertising budgets and to drive better advertising outcomes using real time purchase data received from verticals and retailers. The data collected when You sign up to learn more about Attain or to subscribe to our services is limited to data that You enter at registration such as Your name and email as well as passive data collection such as Your IP address, device type and operating system to better optimize Your Platform experience.
2.3. Removal of Permission. You may opt out of any marketing communications by clicking the link in the footer of an Attain marketing email or contacting us at email@example.com.
2.4. Non-Circumvention. You agree not to circumvent any security measures implemented for the protection of Attain’s Platform. You understand and acknowledge that Attain’s software incorporates and uses proprietary technologies, materials, and content that is protected by copyright, patent, trade secret, and other applicable laws, and that any use or disclosure of our materials contrary to these TOS may cause substantial damage to us or our licensors, and may subject You to civil liabilities and/or criminal penalties.
If You sign up for Attain’s marketing newsletters and any other communications offered by Attain, You agree that Attain may collect and store Your email address to send You marketing communications. You may unsubscribe from such communications at any time by clicking the unsubscribe link in the message sent to You.
4. Customer Support
Should You have any questions concerning these TOS or need technical support, You may contact Attain support by emailing firstname.lastname@example.org.
5. Intellectual Property
All of the Attain Platform’s content, information, materials, data, images, graphics, sounds and other components on the Attain Platform (the "Contents") are copyrighted and owned or controlled by Attain unless otherwise noted. Any unauthorized use of the Contents on the Attain may violate copyright, trademark and other laws and intellectual property rights of Attain or third parties. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Contents from the Attain may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Attain. The Contents on Attain are provided for lawful purposes only.
If You send us any submissions (e.g., emails, letters, text messages, postings to chat rooms, boards, or contests), feedback, creative suggestions, ideas, notes, drawings, concepts, or other information, they will be deemed to be Attain’s property and we will not be liable for any use or disclosure of such submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. The content of any submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
Attain is the owner of all Attain Trademarks, service marks, graphics, and logos (collectively, the “Attain Trademarks”) used in connection with Attain. Attain’s Platform may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Attain Trademarks or the trademarks of any third party without express written consent of an authorized Attain representative.
The Attain Platform (including any software contained therein) and any upgrades or plug-ins and any content are licensed to You “as is.” To the maximum extent permitted by applicable law, Attain disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Attain makes no representations or guarantees that Attain products or services will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Attain disclaims any liability relating thereto.
Attain makes no guarantees, representations, or warranties that use or results of the use of Attain will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Attain may modify, suspend, or discontinue Attain products or services or Your use of them.
8. Limitations of Liability
ATTAIN WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR PRODUCT FAILURE. ATTAIN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ATTAIN PLATFORM, EVEN IF THERE IS NEGLIGENCE OR EVEN IF ATTAIN OR AN AUTHORIZED ATTAIN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ATTAIN’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE.
9.1. Third parties. Attain or its partners may present promotional materials via the Attain products or services. Your dealings with, or participation in promotions of any third-party advertisers via Attain are solely between You and such third parties and Your participation is subject to the terms and conditions associated with that promotion. You agree that Attain is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials via Attain.
9.2. Jurisdiction. This Agreement will be governed by the laws of the State of Illinois. The exclusive jurisdiction for any claim, action or dispute between You and Attain will be in the state and federal courts located in Cook County, Illinois.
9.3. Severability. If any provision of this TOS is deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.