RELATIONSHIP OF THE PARTIES
When used in the Terms of Service, the word “ATTCON” refers to ATTCON, its directors, officers, employees, and agents. Nothing contained in the Terms of Service shall be deemed to constitute ATTCON or the Customer as the employee or employer or agent or representative of the other or as joint ventures’ or partners.
The Customer shall have no authority to make or accept any offers or representations on behalf of ATTCON.
Subject to the terms of the Terms of Service, ATTCON may use subcontractors to exercise its rights and perform its obligations hereunder.
FEES AND PAYMENTS
Accurate and Complete Billing Information
The Customer shall provide ATTCON with accurate and complete billing information including the Customer’s official name, address, and telephone number, and shall immediately report to ATTCON any and all changes to this billing information.
Obligation to Pay
By purchasing the Services of ATTCON, the Customer agrees to fulfill the obligation to pay the fees for the Services by the payment due date, and that ATTCON has the Customer’s permission to use the prescribed payment method and the information provided by the Customer to charge the Customer for the fees for ATTCON’s Services ordered by the Customer.
If the Customer does not pay the fees for the Services by the payment due date, ATTCON may suspend the Customer’s use of the Services. In addition, it shall give rise to a late payment penalty (the maximum rate allowed by law shall apply).
Payment Collection Costs
The Customer’s obligation to pay, and ATTCON’s right to collect payment, includes any additional costs that are incurred in connection with payment collection. ATTCON is not responsible for any charges or costs (for overdrawn accounts, exceeding credit card limits, insufficient PayPal funds, etc.) incurred from charges correctly billed by ATTCON.
Deadline to Dispute Charges
All charges are considered valid unless the Customer disputes the charges in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than thirty (30) days old.
Cancellation of Order
The Customer may not cancel any order after it has been confirmed.
The fees for the Services may, at ATTCON’s sole discretion, change at any time without notice.
The Customer is solely responsible for any and all taxes (including any sales tax or use tax) imposed by any taxing authority on or in connection with the use of ATTCON’s Services.
The Customer must pay any fees charged by any applicable third-party (credit card fees, foreign exchange fees, etc.).
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THERE ARE ABSOLUTELY NO REFUNDS OF ANY FEES.
Incorrect Fee Listings
ATTCON shall have the right to refuse or cancel any orders placed for Services with incorrect fees.
Internet and Mobile Charges
The Customer agrees to be solely responsible for all charges from their Internet provider and mobile service provider.
WARRANTIES, LIABILITY, AND INDEMNIFICATION
Disclaimer of Warranties
ATTCON AND EACH OF ATTCON’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO ATTCON’S WEBSITES, SERVICES, THIRD PARTY SERVICES AND THE CUSTOMER’S USE THEREOF, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF COMPLETENESS, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, RELIABILITY, SECURITY (INCLUDING INTERNET SECURITY), FITNESS AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability
IN NO EVENT, WHETHER OR NOT FORESEEABLE, SHALL ATTCON OR ATTCON’S DIRECTORS, OFFICERS, INVESTORS, EMPLOYEES, AGENTS, AFFILIATES, SERVICE PROVIDERS AND OTHER CONTRACTORS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF LIFE, PERSONAL INJURY, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) OR FOR ANY DAMAGES BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER AGREES TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS ATTCON, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AFFILIATES, BUSINESS PARTNERS, CONSULTANTS, LICENSORS, SPONSORS, AGENTS, SUCCESSORS, AND ASSIGNS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT SUCH PARTIES MAY INCUR DIRECTLY OR INDIRECTLY AS A RESULT OF OR ARISING FROM (1) ANY ALLEGATION THAT INFORMATION THE CUSTOMER TRANSMITTED TO ATTCON INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS OF ANY THIRD PARTY; (2) ANY CLAIM THAT INFORMATION THE CUSTOMER TRANSMITTED TO ATTCON CAUSED DAMAGE TO A THIRD PARTY; (3) ANY VIOLATION BY THE CUSTOMER OF ANY PRIVISION OF THE TERMS OF SERVICE OR ANY APPLICABLE LAWS OR REGULATIONS; (4) AND ANY NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CUSTOMER. ATTCON RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION HEREUNDER. IN ANY EVENT, NO SETTLEMENT THAT AFFECTS THE RIGHTS OR OBLIGATIONS OF ATTCON MAY BE MADE WITHOUT ATTCON’S PRIOR WRITTEN CONSENT.
ATTCON’s Trademarks and Copyrights
The Customer acknowledges and agrees that the Website and Services are owned and operated by ATTCON, and that the domain names, trade names, trade dress, trademarks, logos, service marks, texts, graphics, photographs, icons and images displayed on the Website are the property of ATTCON or its licensors or partners and are protected by U.S. and international intellectual property laws and may not be used in connection with any product or service that is not an ATTCON service. In addition, no content published on ATTCON’s Website may be duplicated, reproduced, distributed or re-transmitted without the written permission of ATTCON.
The Customer acknowledges that the Customer does not acquire any license or ownership rights by using the Website or Services.
The Terms of Service does not transfer from ATTCON to the Customer any intellectual property of ATTCON or any third-party.
The Customer may not copy, reproduce, transmit, transfer, distribute or republish any part of ATTCON’s Website without the prior written consent of ATTCON.
The Customer agrees never to take any action that will jeopardize, limit, or interfere with ATTCON’s intellectual property rights.
No Unauthorized Use
Any unauthorized use of ATTCON’s intellectual property is a breach of the Terms of Service as well as a violation of intellectual property laws and treaties.
Customer Documents and Images
The Customer is responsible for any documents and images that the Customer transmits to ATTCON. By transmitting any document or image to ATTCON, the Customer represents and warrants that the Customer owns all the rights required to transmit the document and image; the document and image does not infringe upon the rights of any other person or entity; the document and image complies with all applicable laws and regulations; and that the Customer shall indemnify ATTCON and its affiliates for all claims resulting from any document and image that is transmitted to ATTCON. ATTCON assumes no liability for the loss of any document and image transmitted by the Customer.
Links to Third Party Websites
ATTCON’s Website may contain links to third party websites or services (including our designated merchant services). Third-party websites whose links are embedded in the information provided by ATTCON are not managed or operated by ATTCON, and ATTCON assumes no liability with respect to the reliability of such content or for any changes, updates, or otherwise made to any and all such other third party websites that is accessed through our Website. If the Customer accesses and uses any third party website, it shall be solely at the Customer’s own risk and responsibility, and ATTCON shall not be liable for any loss or damage resulting from the Customer having accessed or used such third party website. In addition, ATTCON reserves the right to terminate any link at any time.
Linking to ATTCON’s Website
The Customer may not link to the Website without ATTCON’s prior written consent. If the Customer links to the Website, the Customer agrees to defend, indemnify and hold ATTCON and its directors, officers, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, damages, liabilities, and expenses (including without limitation attorney fees and costs of defense) arising from any such link.
Any dealings with advertisers found on ATTCON’s Website are solely between the Customer and such advertiser, and ATTCON is not responsible or liable for any such dealings.
Information Provided by Third Parties
ATTCON ASSUMES NO LIABILITY TO THE CUSTOMER WITH RESPECT TO ANY INFORMATION PROVIDED BY THIRD PARTIES.
Promotions and Contests
ATTCON and third parties acting on behalf of ATTCON may contact the Customer via e-mail about promotional offers and contests. The Customer may opt out of receiving these e-mails via links appearing in each such e-mail. Participation in promotional offers or contests may require acceptance of additional terms and conditions. The Customer agrees that ATTCON is not responsible for any third party promotional offers or contests.
For any concern or dispute the Customer may have, the Customer agrees to first try to resolve the dispute informally by contacting ATTCON.
For any concern or dispute the Customer may have, the Customer agrees to first try to resolve the dispute informally by contacting ATTCON.
Notice of Arbitration
Prior to initiating any arbitration, the initiating party shall give the other party at least sixty (60) days advanced written notice of its intent to file for arbitration. ATTCON shall provide such notice by postal mail or e-mail using the contact information on file at ATTCON, and the Customer shall provide such notice by postal mail to ATTCON’s registered agent.
Applying for Arbitration
The Customer agrees that if the dispute is not resolved within thirty (30) days of such notice, it shall not be litigated in court, but rather settled by binding arbitration in Wilmington, Delaware, USA, by the American Arbitration Association in accordance with its rules; provided, however, that if a claim qualifies, it may be filed in small claims court in Wilmington, Delaware. Any party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association.
Number of Arbitrators
A single arbitrator selected by both the Customer and ATTCON shall resolve the dispute in accordance with the AAA Commercial Arbitration Rules.
The arbitration shall be conducted in English.
No Class or Representative Actions
The Customer and ATTCON agree that any applicable dispute shall be submitted to arbitration only on an individual basis, and not in a class action, consolidated action or representative action.
No Trial By Jury
If for any reason a claim proceeds in court rather than in arbitration, the Customer waives any right to a trial by jury.
The Customer and ATTCON agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the interpretation of the Terms of Service.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, and any award rendered by an arbitrator shall be final and binding upon both of the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
The arbitrator’s decision must be with written explanation and shall remain strictly confidential.
If any arbitration or other proceeding is brought to enforce or interpret the Terms of Service or matters relating thereto, the substantially prevailing party, as determined by the arbitrator’s award, shall be entitled to recover reasonable attorneys’ fees and other expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event shall the arbitrator have the authority to award punitive damages.
Statute of Limitations
The Customer and ATTCON agree that any claim or cause of action arising from or related to the Website or Services must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or laws to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Exclusions from Arbitration
THE CUSTOMER AND ATTCON AGREE THAT ANY DISPUTE RELATED TO THE VALIDITY OF INTELLECTUAL PROPERTY RIGHTS SHALL NOT BE SUBJECT TO ARBITRATION. ATTCON RESERVES THE RIGHT TO APPLY TO ANY COURT WORLDWIDE FOR INJUCTIVE RELIEF AND OTHER REMEDIES IN ORDER TO PROTECT OR ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY RIGHTS.
Compliance with Laws and Regulations
The Customer agrees to the conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and affirms that the Customer is sufficiently capable and qualified to abide by the Terms of Service. In addition, the Customer agrees to comply with all applicable laws, ordinances, rules, regulations, orders, judgments, and decisions. The Customer agrees not use this Website or Services for any purpose that is illegal or infringes on the copyrights or intellectual property rights of ATTCON or any third party. The Customer agrees not to impersonate another person or hide their identity. If the Customer is a minor, please immediately stop accessing the Service.
ATTCON controls and operates the Website and Services from the United States of America. Customers who access or use the Website and Services from outside the United States of America are responsible for compliance with applicable laws (including export and import regulations). Diversion of the Services in violation of United States law is prohibited.
The Customer may not assign, transfer, or delegate the Terms of Service or any of the Customer’s rights and obligations under the Terms of Service, in whole or in part, by operation of law or otherwise, without the prior written consent of ATTCON, and any such attempted assignment, transfer or delegation shall be null and void. ATTCON may assign, transfer, or delegate ATTCON’s rights and obligations under the Terms of Service in its sole discretion without restriction.
Succors and Assigns
The Terms of Service shall be binding upon and shall inure to the benefit of, and be enforceable against, the parties and their respective successors and assigns.
If either ATTCON or the Customer is prevented from performing or is unable to perform any obligation under the Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance shall be extended for the period of delay or inability to perform due to such occurrence.
Waiver of Rights
A waiver by ATTCON of any breach or default under the Terms of Service by the Customer shall not constitute a waiver of any preceding or subsequent breach or default, and shall not prevent enforcement on any other occasion.
Any heading, caption, or section title contained in the Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision therein.
The Terms of Service are executed in English, and that English version shall be the version used when interpreting or construing the Terms of Service. If a Japanese translation accompanies the Terms of Service, that Japanese translation is provided only for the convenience of the Customer, and if in the event of a conflict between the English version and the Japanese translation, the English version shall govern, and the Japanese translation shall have no effect on the interpretation. The parties agree that all correspondence relating to the Terms of Service shall be written in English.
Governing Law and Venue
The Terms of Service are executed in English, and that English version shall be the version used when interpreting or construing the Terms of Service. If a Japanese translation accompanies the Terms of Service, that Japanese translation is provided only for the convenience of the Customer, and in the event of a conflict between the English version and the Japanese translation, the English version shall govern, and the Japanese translation shall have no effect on the interpretation. The parties agree that all correspondence relating to the Terms of Service shall be written in English.
A printed version of the Terms of Service and of any notices given in electronic form shall be admissible in administrative and judicial proceedings.
If for any reason, any provisions in the Terms of Service have been determined by a competent authority to be illegal, void, or unenforceable, such provision shall become null and void and deemed severable from the Terms of Service, and shall not affect the validity and enforceability of any other provisions, and all of the remaining provisions shall continue in full force and effect.
Term and Termination
The Terms of Service are effective from the first date the Customer accesses the Website, and shall remain in effect until terminated in accordance with its terms. ATTCON has the right at any time without notice and for any reason or for no reason to terminate the Customer’s access to the Website and use of the Services. The Customer may stop using the Services at any time, but it shall not relieve Customer of any obligation to pay any outstanding fees. The termination of the Terms of Service or any contract between ATTCON and the Customer shall not limit any of ATTCON’s other rights or remedies. In addition, ATTCON assumes no responsibility to the Customer or any third party for any damages that result from any termination of the Terms of Service or the contract entered into between the Customer and ATTCON.
The Customer’s indemnification obligations, ATTCON’s warranty disclaimers and limitations of liability, ATTCON’s rights of ownership, and dispute resolution provisions stated herein shall survive any termination of the Terms of Service and any termination of the use of the Services.
Changes and Updates
ATTCON reserves the right at any time without notice and for any reason or for no reason to temporarily or indefinitely modify, correct, suspend or discontinue all or part of the Terms of Service, Website or Services. The Customer agrees that ATTCON shall not be liable to the Customer or to any third party for any such modification, correction, suspension, or discontinuation. After any changes to the Terms of Service have been posted on the Website, if the Customer continues to use the Website or Services, it shall constitute the Customer’s consent to be bound by the new Terms of Service. Whenever using the Website or the Services, please be sure to check the latest version of the Terms of Service for any changes, and please be sure to retain a copy.
Enquiries or Complaints
ATTCON may communicate with the Customer by e-mail or other means in connection with the Customer’s use of the Services, and the Customer consents to such communications. If a Customer has any questions, concerns or complaints regarding ATTCON’s website or the Terms of Service, or about how the personal information of the Customer is used, please contact ATTCON by e-mail through ATTCON’s website located at www.ATTCONinternational.com
ATTCON may give legal notice to the Customer by email, postal mail, or any other legally acceptable means. Legal notices of ATTCON given to the Customer by e-mail shall be deemed effective twenty-four (24) hours after the e-mail is sent, unless ATTCON is notified that the e-mail address is invalid. Legal notices of ATTCON given to the Customer by postal mail shall be deemed effective five (5) days after the date of mailing. Legal notices of the Customer to ATTCON must be given to ATTCON’s registered agent by registered mail, return receipt requested addressed to ATTCON.
The Terms of Service were last updated: June 1, 2018