Terms and Conditions

Last Updated as of January 28, 2021

ATTECS, LLC (“we”, “us”, or “our”) operates www.attecenter.com (hereafter “ATTECS” or “Website”). Persons, institutions, or businesses that decide to access our Website are required to register as a “User” and Users that enter into a written agreement with us for our Services are our “Clients”. By visiting our Website, you agree and accept these Terms of Use and the Privacy Policy all of which form a binding agreement (“Agreement”) between you and us. If you also sign a General Terms of Service contract with us, you also agree to be bound by that contract as well.  If you do not agree to be bound by these Terms of Service or our Privacy Policy, your only recourse shall be to discontinue using our Services and discontinue visiting our Website. Each User acknowledges that this is a binding Agreement, and this Agreement, in addition to the General Terms of Service that you may sign, governs the Services and use of information found on our Website and takes the place of any emails, texts or conversations between you and us.

PLEASE READ THESE TERMS OF USE CAREFULLY. Use of the Website and any information or Services made available through the Website is limited to those persons, institutions, or businesses who can form legally binding contracts under applicable law, and without limiting the foregoing, any information or Services made available through the Website is not to be accessed or used by minors.

Before using any of the information, Content or Services made available through our Website, Users acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Users agree to be bound by any changes to this Agreement and check back from time to time.  We may revise or amend the Terms of Use at any time without prior notice and Users agree the revisions or amendments will be effective upon updating on this Website with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time we make any changes to this Agreement. Continued use of the Website and/or Services following the posting of changes shall mean that you accept those changes. Even if you agree to our Terms of Use, we may deny you access to our Website and/or the use of some or all of our Services to you in our sole and absolute discretion, for any reason or no reason.  

Registration as a User

When you register you are required to register by creating an account and then signing into our Website. If you register, you represent and warrant to us that: (i) you are of legal age to form a binding contract, and, if you are acting on behalf of an institution or business, you have the right to enter this Agreement on behalf of such institution or business; (ii) you will provide us with accurate, current and complete registration information; (iii) your registration and your use of the Website and Services is not prohibited by law; and (iv) you have all legal rights to provide the Content you post on this Website and will not violate any confidentiality agreements, copyright or trademark laws, intellectual property agreements, court orders, or other laws or agreements that may prohibit you from posting such information, text, comments or other such Content on our Website. We reserve the right to terminate or suspend your status as a User in the event that you breach any term of this Agreement.

1. Definitions. The following terms are used throughout these Terms of Use and have specific meanings. You should know what each of the terms means.
2. The term “Service” refers to the services provided by ATTECS, including but not limited to faculty development (on site or virtual), pedagogy and course evaluation, innovative teaching consulting, academic technology implementation and/or adoption facilitation, accessibility audit project management, online course development and support, content development, LMS training and support.
3. The term “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in these Terms of Use, the Privacy Policy and if signed by you and us, the General Terms of Service.
4. The “Website” refers to ATTECS’s Website, all subpages and subdomains, and all Content, Services, and products available at, on, or through the Website.
5. “ATTECS,” means “we,”  “us”, and “our”  and also refers to our affiliates, directors, subsidiaries, officers, and employees. 
6. The term  “User,” means “Client”, “you”, “your” or “Website visitor” (as applicable) and refers to the person, business, or institution that has visited or is using our Website and/or Service. 
7. “Content” refers to content featured or displayed on or through our Website, including but not limited to text, documents, information, data, articles, opinions, law references, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on the Website either by us or by Users. Content includes, without limitation, User-Generated Content, and Third Party Content which may be submitted by any ATTECS User or others outside of our platform that are not Users.
8. About the ATTECS Website.
9. The ATTECS Website is a platform that helps us interact with and in some situations provide Services to our Users. 
10. We have several plans to choose from and the Services you will receive are based on the plan you sign up for. Users agree and represent that ATTECS shall at no point be held liable for the actions or omissions of any User. Users agree and represent that ATTECS shall at no point be held liable for the actions or omissions of any User that they either interact with, communicate with, or receive any type of services or products from as a result of connecting on our Website. 
11. User Responsibilities. You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.
12. User Account Security. If you register as a User, you will create a personalized account which includes a unique username and a password to access our Website and to receive messages from ATTECS and its Users. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify ATTECS immediately of any unauthorized use of account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
13. No Reliance on User-Generated Content. User-Generated Content posted on the Website, such as blog posts, is provided for informational and research  purposes only, with no assurance that the Content is true, correct, or accurate. 
14. You understand and agree that User-Generated Content on our Website is for informational purposes only.
15. Compliance with Laws. You represent, warrant, and agree that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of our Website will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other ATTECS policies.
16. Use and Conduct Restrictions. You are allowed to use our Website as long as you follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules we expect Users to follow while using our Website. We are not responsible for the Content our that advertisers, marketers or Users post, and we have the right to close accounts if we need to because of what we feel are violations of our Terms of Use.
17. Prohibited Content. You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that:
18.     is unlawful or promotes unlawful activity;
19.   defames, harasses, abuses, threatens, or incites violence towards any individual or group;

iii.   is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

1.   is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
2.   contains or installs any viruses, worms, malware, Trojan horses, or other Content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
3.   infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;

vii.  impersonates any person or entity, including any of our employees or representatives; or

viii. violates the privacy of any third party.

18. Users Must Be Over Age 18. You represent that you are over the age of 18. ATTECS does not target our Content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.
19. No Liability for User Interactions; ATTECS May Monitor Interactions. You agree that any liability, loss, or damage that occurs as a result of any User interactions, that you input or receive through your use of the Service, is solely your responsibility and you indemnify and hold harmless ATTECS from any such claims, demands, lawsuits or losses. At our discretion, we, or technology we employ, may monitor and/or record your general interactions with our Website or with other Users.
20. User-Generated Content. You own your Content, but you allow us certain rights to it, so that we can display and share the Content you post. We have the right to remove Content in our sole discretion for any reason or no reason.
21. Responsibility for User-Generated Content. You may create Content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the Content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content and we do not verify, research, or verify the truthfulness or accuracy of any Content posted on our Website by others.
22. Right to Post. You represent and warrant that you have the right to post all Content you submit. Specifically, you warrant that you have fully complied with any third party licenses, sublicenses, or permissions relating to such Content and have taken all steps necessary to post, display or pass through such Content on our Website.
23. ATTECS May Modify or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User-Generated Content appropriate and complies with these Terms of Use, or refuse or remove any User-Generated Content that, in our reasonable opinion, violates any ATTECS policy or is in any way harmful, inappropriate, or objectionable. ATTECS further reserves the right to make formatting and edits and change the manner any User-Generated Content is displayed on our Website.
24. Ownership of User-Generated Content. Except for Content that originates from us, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You or your institution retain all ownership of the User-Generated Content you post. You may control access to your User-Generated Content through settings in your user account.
25. License Grant. Solely to allow ATTECS to use Content you upload to our Website reasonably without violating any rights you have in it, you grant us the following rights: by posting any Content via our Website, you expressly grant ATTECS and our successors and assigns a worldwide, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with our business purpose. This license also grants ATTECS the right to sell User-Generated Content or otherwise distribute it outside of our Website. 
26. Feed Back from Users.  All Users agree to accept and respond to certain emails, questionnaires, and surveys that may be requested from time to time.
27. Third Party Content. There may be content from third parties on our Website, such as blog posts written by other Users or links to other websites. Because we cannot control that content, we are not responsible for that content or for the websites that content may link to.
28. Access To Third Party Content. By using our Website, you will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of our Website is consent for ATTECS to present this Third Party Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third Party Content. 
29. No Responsibility For Third Party Content. As part of the Service, ATTECS may provide you with convenient links to third party website(s) as well as other forms of Third Party Content. We are not responsible for any public display or misuse of Third Party Content and we do not verify, research, or verify the truthfulness or accuracy of any Third Party Content, which you agree you will separately verify or confirm from outside sources deemed reliable or your own professional legal, business, or financial advisors without relying on any Third Party Content, advertising or marketing that appears on our Website. These links are provided as a courtesy to Service subscribers. We have no control over third party websites or content or the promotions, materials, information, goods, or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than ATTECS. We are not responsible for any Third Party Content accessed through our Website. If you decide to leave the Website and access Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern your use of those third party websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.
30. No Authorization To Use Third Party Content. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by those  third party websites you are visiting.
31. Copyright Infringement and DMCA Policy. If you believe that any Content located on our Website or linked to a third party website by us violates your copyright, please notify ATTECS in accordance with our Digital Millennium Copyright Act Policy.
32. Termination of Repeat Infringer Accounts. ATTECS respects the intellectual property rights of others and requests the same of Users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to and use of the Website if the User is considered by us a repeat infringer of the copyrights or other intellectual property rights of ATTECS or others. We may terminate access of Users who we believe repeatedly provide or post protected Third Party Content without appropriate rights and permissions.
33. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on our Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to ATTECS’s designated copyright agent at _____________________________________. 
34. Response To DMCA Take-Down Notices. If ATTECS takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to ATTECS. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.
35. Counter-Notices. If you believe that your User-Generated Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content you submitted to the Website, you may send a properly formatted counter-notice to ATTECS’s copyright agent using the contact information set forth above.
36. Response to DMCA Counter-Notices. If a counter-notice is received by ATTECS’s copyright agent, ATTECS may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
37. Intellectual Property Notice. ATTECS retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.
38. No Transfer. ATTECS retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any ATTECS or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
39. Specifically, ATTECS, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Services are registered or common law trademarks or service marks of ATTECS. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from ATTECS, except as an integral part of any authorized copy of the Content.
40.       Any comments or materials sent to ATTECS or posted on the Website, including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be the intellectual property of ATTECS. ATTECS’s use of the Feedback will be in compliance with our Privacy Policy, which is set forth on the Website, and applicable laws. ATTECS shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, ATTECS shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving our Service, and developing, creating, and marketing products and services incorporating such Feedback.
41. Email Communications. We use email and electronic means to stay in touch with our users.
42. Electronic Communications Required. For contractual purposes, you (i) consent to receive communications from ATTECS in an electronic form via the email address you have submitted or via the Service; and (ii) agree that all Terms of Use, agreements, notices, disclosures, and other communications that ATTECS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect your non-waivable rights.
43. Legal Notice To ATTECS Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to ATTECS or any of our officers, employees, agents, directors, or representatives in any situation where notice to ATTECS is required by contract or any law or regulation.
44. Termination. You may cancel this Agreement and close your account at any time. 
45. You May Terminate This Agreement. If you wish to terminate this Agreement or your account with us, you may simply discontinue using ATTECS. If you wish to delete your User account data, please email us at ________@attecenter.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile in approximately 30 days.
46. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
47. Cancellation and Refund Policy

Service subscriptions can be cancelled at any time. To cancel, please e-mail us at info@attecenter.com. Cancellations will go into effect at the end of the billing cycle. Partial and full refunds may be issued on a case by case basis. As a subscription-based service, we cannot issue refunds retroactively due to non-use.

13. User Dispute Procedures. 
14. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. The parties will use their best efforts to settle all matters in dispute amicably and in good faith. The parties hereto hereby agree that all disputes arising hereunder which cannot be resolved shall be submitted to the exclusive venue and jurisdiction of the courts of Suffolk County, Massachusetts, without regard to conflicts of laws principles. Any claim arising out of or related to the Agreement must be brought no later than three hundred and sixty-five (365) calendar days after such claim has accrued, otherwise, such cause of action and your rights to bring such action shall be permanently barred. In the event a User has a dispute of any kind or nature against ATTECS, such User agrees that damages shall be limited to the lesser of $2,000 or the amount User paid ATTECS during the prior three calendar months.
15. Jury Trial Waiver. You and ATTECS acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between you and ATTECS.
16. No Class Actions or Representative Proceedings. You and ATTECS acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. 
17. Disclaimer of Warranties. We provide our Services as is, and we make no promises or guarantees about our Services. 
18. ATTECS provides the Website and the Service “as is,” without warranty of any kind. Without limiting the foregoing, ATTECS expressly disclaims all warranties, whether express, implied, or statutory, regarding the Website and the Services including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
19. Specifically, ATTECS makes no representation or warranty that the information we provide or that is provided through our Services is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Services. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
20. Limitation of Liability. We will not be liable for damages or losses arising from your use of the Services or arising under this Agreement. 
21. To the extent permitted by applicable law, in no event will ATTECS be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of Content, whether generated, created, or posted by you or others; (ii) your use or inability to use the Services; (iii) the Services generally or the software or systems that make the Services available; or (iv) any other interactions with ATTECS or any other User of the Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not ATTECS has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. ATTECS will have no liability for any failure or delay due to matters beyond our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
22.       The Service may include technical or typographical inaccuracies and errors. ATTECS assumes no liability for any errors or omissions in the information contained on our Website or in the Services and expressly disclaims any responsibility to update this information.
23. Release and Indemnification.
24. You agree to indemnify and hold harmless ATTECS from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, Website, or Content, including but not limited to your violation of this Agreement. If you are a California resident or institution, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
25. Modification of Terms of Use.  ATTECS may amend this Agreement from time to time, and in ATTECS’s sole discretion. If we make changes, we will notify you by revising the date at the top of this Agreement, and in some cases, providing you with additional notice (such as adding a statement to the homepage of our Service or sending you an email notification). Any changes will be effective immediately upon the posting of the revised Agreement on the Service.  Your continued use of the Website, Services, and Content after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.
26. Miscellaneous. 
27. This Agreement is governed by Massachusetts law. If we are involved in a merger or are acquired by a person or another entity, we may transfer the rights to this Agreement, as long as your rights are protected. You may only agree to these terms if you are able to form a binding contract in your state.  These Terms of Use and our Privacy Policy are the complete agreement between you and us, and no other terms apply. This Agreement may only be modified by a written amendment signed by an authorized ATTECS executive, or by the posting by ATTECS of a revised version. 
28. Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of ATTECS to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. our rights under this Agreement will survive any termination of this Agreement.
29. Non-Assignability. ATTECS may assign or delegate these Terms of Use and/or the ATTECS Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without ATTECS’s prior written consent, and any unauthorized assignment and delegation by you is void.
30. Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally 

You acknowledge that you have read this Agreement, understand its terms and conditions, and will be bound by this Agreement in its entirety. Your only option should you not agree is to cease using this Website and our Services.