TERMS OF USE

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. 

Attend reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and by using this Website after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

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

The Materials are owned by or licensed to Attend and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these Terms of Use or expressly granted to you in writing by Attend, no rights in the Materials (whether by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Website. You may only use the Materials as expressly set forth in these Terms of Use. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.

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.

You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Website. Any and all rights to use the Website that are not expressly granted to you under these Terms of Use are reserved for Attend, its affiliates, or its licensors. Nothing contained in these Terms of Use will affect, impair, or limit in any way Attend's or its affiliates’ rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.

3. PROHIBITED CONDUCT

You agree that you will not, including without limitation by use of any robot, scraper or other data mining technology or process, frame, mask, extract data or other materials from, or copy or distribute, the Materials (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms of Use, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use, the Materials in any way, without the prior written permission of a duly authorized Attend employee. You may not violate any instructions or restrictions communicated to you by Attend on or through the Website.

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.

5. DISCLAIMERS

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

The validity and interpretation of these Terms of Use, the rights and obligations hereunder, and all causes of action (whether sounding in contract, tort, or otherwise) arising out of or related to these Terms of Use, the termination of these Terms of Use, or the use of the Website, are to be governed by, and construed in accordance with, the substantive laws (as distinguished from the choice of law rules) of the State of Texas and the United States of America applicable to contracts made and performed entirely in Texas.

8. VENUE

You agree that any action at law or in equity relating to these Terms of Use will be filed only in the state or federal courts located in Houston, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

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.

Attend and its affiliates do not control any of these third party web Websites or services, or any of their content. Accordingly, you understand and agree that neither Attend nor its affiliates are responsible for your use of these third party web Websites or services, and that your use of such Websites, streams, or services is subject to the terms and conditions established by such third parties. Attend reserves the right to terminate a link to a third party web Website at any time. The third party Websites are not controlled by Attend or its affiliates, and may have different terms of use and privacy policies, which Attend encourages you to review. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS OR SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

Descriptions of, references to, or links to products, services or publications within the Website do not imply endorsement of that product, service or publication.

11. PRIVACY POLICY

Your use of the Website and communications with Attend are governed by and subject to the Privacy Policy. You agree that you have read Attend’s Privacy Policy, and agree that it is acceptable to you. By agreeing to these Terms of Use and/or using the Website, you agree that you consent to the information handling practices and other provisions in Attend’s Privacy Policy.

12. MISCELLANEOUS

The failure of Attend or its affiliates to act with respect to a breach of these Terms of Use by you or others does not waive Attend’s or its affiliates’ right to act with respect to subsequent or similar breaches. If any content on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and Attend ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Attend and its affiliates do not guarantee they will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

13. CONTACTING ATTEND

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact Attend via the contact information on our website.