Effective Date: May 20, 2020
The Attend Behavior, Inc. (“Attend”) web site (“Website”) contains information relating to an online technology platform focused on delivering content, management tools, services, and information to assist parents and families in managing behavioral disorders and other types of development issues ( the "Platform"). Nothing in this Website shall be construed as creating any warranty or other obligation on the part of Attend.
The Platform DOES NOT OFFER MEDICAL ADVICE OR MEDICAL SERVICES. If this is an emergency, call 911 or visit a hospital emergency room immediately. You must be at least 13 years of age to use the Website.
1. ATTEND, ITS AFFILIATES AND THE WEBSITE DO NOT PROVIDE MEDICAL ADVICE
The Website includes all materials that comprise or are otherwise a part of the Website (including past, present and future versions of the Website), including, without limitation: graphics; layout; text; instructions; images; graphs; charts; trademarks, logos, service marks; software (including HTML-based programs); audio; animations; videos; designs; technology; applications; artwork; information; data; reports; designs; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the Website; the compilation, assembly and arrangement of the materials of the Website; and all other materials related to the Website (collectively, "Materials").
The Materials may include general health information or medical-related information, which is provided for general information and educational purposes only. The Materials are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Attend and its affiliates do not directly or indirectly practice medicine or any other licensed profession, and they do not interfere with the practice of medicine or any other licensed profession by healthcare providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. NO REPRESENTATION OR WARRANTY IS MADE BY ATTEND OR ITS AFFILIATES THAT ANY PARTICULAR TREATMENT OR METHODOLOGY IS SAFE, APPROPRIATE OR EFFECTIVE, AND NEITHER ATTEND NOR ITS AFFILIATES ENDORSE OR ADVOCATE ANY TREATMENT OR METHODOLOGY. Your use of the Website does not establish any medical professional/patient relationship with Attend or its affiliates. Attend, its affiliates and any other third parties who promote Attend’s services shall not be liable for any treatment or professional advice you obtain from a healthcare provider via the Website. You should always seek the advice of your physician, therapist, or other qualified health professional with any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website!
Attend and its affiliates do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Attend, its affiliates or their respective employees, others appearing on the Website at the invitation of Attend, or other visitors to the Website is solely at your own risk.
The Website may contain health- or medical-related Materials that are sexually explicit. If you find these Materials offensive, you may not want to use Attend’s Website.
YOU AGREE THAT ATTEND, ITS AFFILIATES, LICENSORS, RESELLERS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ATTEND PROVIDES THE WEBSITE “AS IS” AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES. >
2. OWNERSHIP OF WEBSITE MATERIALS
You are permitted to use the Materials only in connection with the Website and are prohibited from making any alterations, additions or other modifications to the Materials. You are expressly prohibited from using the Material commercially or for monetary or other reward.
3. PROHIBITED CONDUCT
You agree not to violate or interfere with the security of the Website, attempt to gain unauthorized access to the Website or data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password mining or any other means, or otherwise bypass or circumvent any measure employed to limit or prevent access to the Website or Materials. You also agree not to take or attempt any action that, in the sole discretion of Attend, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or Attend’s infrastructure. You agree not to use the Website to determine the identity of any specific individuals contained in any video. You further agree not to use the Website for any unlawful purpose.
4. ACCESS TO WEBSITE AND ELECTRONIC COMMUNICATIONS
You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way an account you may establish on the Website or any device you may use to access the Website) shall terminate the permission or license granted to you by Attend.
When you use the Website or send emails to Attend, you are communicating with Attend electronically. You consent to receive electronically any communications related to your use of this Website. Attend will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Attend intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Attend Websites.
THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, PRODUCTS, SERVICES, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITE) ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATTEND AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, ATTEND AND ITS AFFILIATES DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE (OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON.
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
ATTEND AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, MEDICAL CONDITION, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTS, MEDICAL MALPRACTICE, LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON, OR USE OF, THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE WEBSITE).
PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, RECOMMENDATION, USER CONTENT, INFORMATION OR STATEMENT AVAILABLE ON THE WEBSITE. A POSSIBILITY EXISTS THAT THE WEBSITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE WEBSITE BY THIRD PARTIES. ALTHOUGH ATTEND ATTEMPTS TO ENSURE THE INTEGRITY OF THE WEBSITE, NEITHER ATTEND NOR ITS AFFILIATES MAKE ANY GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE WEBSITE.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER ATTEND NOR ANY OF ITS AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE WEBSITE (INCLUDING THE WEBSITE AND ALL MATERIALS, INFORMATION, LINKS, PRODUCTS, SERVICES, USER CONTENT, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITE); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF, THE WEBSITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ATTEND OR ANY OF ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE WEBSITE; OR (F) ANY DAMAGE TO ANY USER'S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF ATTEND OR ITS ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL ATTEND OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE WEBSITE IS TO STOP USING THE WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO ATTEND AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE.
7. GOVERNING LAW
9. JURISDICTIONAL ISSUES
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Attend or its affiliates to any registration requirement within such jurisdiction or country.
Attend does not do business in every jurisdiction. Information published on the Website may contain references or cross-references to goods or services that are not available in your state or country.
10. LINKS TO THIRD PARTY CONTENT
The Website may provide links to certain web Websites, videos, services and features that are provided by third parties. Functionality on the Website may also permit interactions between the Website and a third party web Website or online feature, including functionality that allows you to connect the Website or your profile on the Website with a third party Website. For example, the Website may include features enabling you to indicate on a third party web Website or service that you “like” certain Website content, to share Website content on a third party web Website or service, to log-in to the Website using your username and password for a third party web Website or service, to transmit content to the Website from your account on a third party web Website or service, and to otherwise connect the Website to a third party web Website or service. Using this functionality may require you to login to your account on the third party Website, and you do so at your own risk.
Descriptions of, references to, or links to products, services or publications within the Website do not imply endorsement of that product, service or publication.
13. CONTACTING ATTEND