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End User Terms of Use

Effective as of January 15th, 2015

1. ACCEPTANCE OF THE TERMS AND CONDITIONS.

1.1 Attend, Inc. (herein referred to as "Attend," "we," "us" or "our") provides and makes available this website and its software (collectively, the "Platform"). All use of the Platform is subject to the terms and conditions contained in this Terms of Use Agreement (this "Agreement"). Please read this Agreement carefully. By accessing, browsing or otherwise using the Platform you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you will not access, browse or otherwise use the Platform.

1.2 You understand and agree that we may change this Agreement at any time. You may read a current, effective copy of this Agreement at any time by selecting the "Terms of Use" link on the Platform. The revised terms and conditions will become effective following thirty (30) days’ notice to you. Such notice may take the form of an email to you, an in-Platform notification or posting or such other reasonable form. Any use of the Platform after such date will constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Platform.

1.3 You may only access and use the Platform if you are an authorized employee, agent or contractor of an Attend customer ("Customer") that has paid for a subscription to the Platform under an ordering document and has agreed with Attend on terms and conditions governing such subscription (collectively, the "Customer Terms of Service").  Your access to and use of the Platform is also subject to the Attend’s Privacy Policy located at made available at www.Attend/home/privacy, the terms and conditions of which are hereby incorporated herein by reference.

     

2. USE OF THE PLATFORM.

2.1 This Platform contains material, including but not limited to software, text, graphics and images (collectively referred to as the "Content"). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other Platform or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Platform will automatically terminate and you will immediately destroy any copies you have made of the Content.

2.2 Attend will not pre-screen or review Content uploaded by users or visitors of the Platform, but Attend reserves the right to refuse or delete any such Content. In addition, Attend will have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate this Agreement or be otherwise illegal. Attend does not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will Attend be liable in any way for any Content, including liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Platform.

2.3 With respect to any portion of the Platform that is a desktop or mobile app, you are granted a non-transferable, non-exclusive, worldwide license, without the right to sublicense, to install and use such app on devices solely for your use in a manner consistent with the terms of this Agreement.  Your rights to access, download and/or use any other Attend products or services made available through the Platform (whether directly or indirectly) will be subject to the terms and conditions of the agreement identified on the Platform and/or in connection with such products and services applicable to each such product or service, and you agree to comply with those terms and conditions.

2.4 If required by Attend, each user must: (a) provide true, accurate, current and complete information on the Platform’s registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Platform (or any portion thereof) by that user other than as expressly provided herein. Each user will receive a password and account designation upon completing the registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring there under. Attend cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify Attend of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session. Attend handles user Registration Data in accordance with Attend’s Privacy Policy.

2.5 The trademarks, service marks, and logos of Attend (the "Attend Trademarks") used and displayed on this Platform are registered and unregistered trademarks or service marks of Attend. Other Attend product, and service names located on the Platform may be trademarks or service marks owned by third-parties (the "Third-Party Trademarks", and, collectively with the Attend Trademarks, the "Trademarks"). Nothing on this Platform or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Platform without the prior written consent of Attend specific for each such use. The Trademarks may not be used to disparage Attend or the applicable third-party, Attend’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Platform is prohibited without Attend’s prior written consent. All goodwill generated from the use of any Attend Trademark will inure to Attend’s benefit.

2.6 You agree to use the Platform only for enterprise event management pursuant to Customer Terms of Service (e.g., you may only send email through the Platform for authorized events) and not to: (a) send unsolicited or unwanted email, including without limitation sending email in violation of the CAN-SPAM Act or other anti-spam laws; (b) take any action that imposes an unreasonable load on the Platform’s infrastructure, (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform, (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Platform, (e) delete or alter any material posted on the Platform by Attend or any other person or entity, or (f) frame or link to any of the materials or information available on the Platform.

2.7 While Attend takes security and privacy very seriously, Attend is not designed, equipped or intended to store or otherwise process any regulated or sensitive personally identifiable information, including, without limitation, social security numbers, financial information (with the exception of payment information which is processed by our third party payment processor) and/or any medical or health related information. You specifically acknowledge and agree that Attend is not a HIPAA Business Associate, the Platform is not HIPAA-compliant, and that you are not authorized to submit to the Platform any "protected health information" that is subject to HIPAA.  You will not upload or store any data or materials containing any such information described in this section.

2.8 The Platform contains links to third-party websites ("External Platforms"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Platforms. The content of such External Platforms is developed and provided by others. You should contact the Platform administrator or Webmaster for those External Platforms if you have any concerns regarding such links or any content located on such External Platforms.

2.9 We are not responsible for the content of any linked External Platforms and do not make any representations regarding the content or accuracy of any materials on such External Platforms. You should take precautions when downloading files from all Platforms to protect your computer from viruses and other destructive programs. If you decide to access any External Platforms, you do so at your own risk.

2.10 Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of this Agreement. None of the Content for this Platform may be retransmitted without the express written consent from Attend for each and every instance.

     

3. LIMITATION OF LIABILITY AND DISCLAMER OF WARRANTIES.

3.1 Attend, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "Attend PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE Attend PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE PLATFORM AND THE CONTENT AT YOUR OWN RISK.

3.2 THE Attend PARTIES DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR FREE OR THAT THE PLATFORM, ITS SERVER OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO Attend PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

3.3 THE PLATFORM AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE Attend PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

3.4 IN NO EVENT WILL ANY Attend PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PLATFORM AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH Attend PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF ANY OTHER Attend PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

3.5 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE Attend PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

     

4. INDEMNIFICATION.     

You agree to defend, indemnify and hold harmless the Attend Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Platform. Attend will provide notice to you of any such claim, suit, or proceeding. Attend reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Attend’s defense of such matter.

     

5. TERMINATION OF AGREEMENT.

5.1 Attend reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform or the Content at any time and for any reason without prior notice or liability. Attend reserves the right to change, suspend, or discontinue all or any part of the Platform or the Content at any time without prior notice or liability.

5.2 Sections 2 (Use of the Platform), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement) and 8 (Miscellaneous) will survive the termination of this Agreement.

     

6. USER MUST COMPLY WITH APPLICABLE LAWS.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Platform to countries or persons prohibited under the export control laws. By accessing, using or downloading the Platform, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export or re-export of the Platform.

     

7. U.S. GOVERMENT RESTRICTED RIGHTS.

The Platform is provided with "RESTRICTED RIGHTS."  Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Platform by the Government constitutes acknowledgement of our proprietary rights in the Platform.

     

8. MISCELLANEOUS.     

This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Failure of Attend to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against Attend unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Attend and you, this Agreement constitutes the entire agreement between you and Attend with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. You may not assign this Agreement without our prior written consent.  Any information submitted or provided by you to the Platform might be publicly accessible. Important and private information should be protected by you. Attend is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

     

9. APPLE-ENABLED SOFTWARE APPLICATIONS.

9.1 As part of the Platform, Attend may offer mobile apps that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple").  With respect to such apps ("Apple-Enabled Software"), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

9.2 Attend and you acknowledge that this Agreement is concluded between Attend and you only, and not with Apple, and that as between Attend and Apple, Attend, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

9.3 You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

9.4 Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

9.5 Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

9.6 Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Attend’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

9.7 Attend and you acknowledge that Attend, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

9.8 In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Attend and Apple, Attend, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

9.9 You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

9.10 If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Attend.

9.11 Attend and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.