Terms Of Use

 

By using this Attobahn Website (herewith Website), you certify that you have read and reviewed this Terms of Use Agreement and that you, as the website user and its content, agree to comply with its terms. If you want to avoid being bound by the terms of this Agreement, you are advised to leave the Attobahn website immediately. Attobahn only grants use and access to its Website, products, and services to those who have accepted this Terms of Use Agreement and its Privacy Policy.
 
For these Terms of Use, users include anyone who accesses the Website. These Terms of Use incorporate Attobahn's Privacy Policy, which is included on the Website. You are responsible for agreeing with the Privacy Policy and its terms. These Terms of Use may change, and all changes shall take effect immediately upon posting the updated terms on the Website. Please check the Website periodically for updates. Any use of the Website by You after any changes will constitute your acceptance. 

Copyright and Other Intellectual Property

The Attobahn Website and all text, graphics, information, content, and other material displayed on the Website may be protected by copyright, trademark, and other laws and may not be used without the prior written permission of the Attobahn. All copyrights to the contents of the Website are reserved. You may not modify or copy the information or materials displayed on the Website for any purpose. Any unauthorized use of any information or materials may violate federal or state laws and regulations. All material appearing on the Website is protected intellectual property owned by Attobahn. You shall not:
  • Sublicense, sell, assign, modify, adapt, translate, or otherwise share the website content with anyone except as expressly permitted in writing by Attobahn.
  • Distribute, copy, or use any materials that violate the copyrights, trademarks, or Attobahn's intellectual property rights or that of any third party.
  • Duplicate any part of the Website or any content appearing on the Website for any purpose.
  • Distribute, share, trade, or create derivative works based on the Attobahn Website or any content.
  • Post, share, trade, or offer for use/viewing/listening to or transcription copy of any Content to or through any websites or online service.
You acknowledge and agree that the preceding list of prohibited uses is non-exhaustive and provided for illustrative purposes only.

Online Content 

The Attobahn Website may contain links to websites not owned, operated, or controlled by Attobahn. We are not responsible for any content, materials, or other information on or accessible from any other website. We do not endorse, guarantee, or make representations or warranties regarding other websites.

Disclaimers and Limitations of Liability

THE WEBSITE AND THE INFORMATION, MATERIALS, AND SERVICES ON IT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE WILL BE COMPLETE, ACCURATE, UP-TO-DATE, OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, OR RELIABILITY. WE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ALL SUCH WEBSITES. THE PRECEDING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THE DISCLAIMERS AND LIMITATIONS ON LIABILITY OUTLINED IN THIS PARAGRAPH ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. CERTAIN STATE LAWS MAY NOT RECOGNIZE OR OTHERWISE LIMIT SOME OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. IF SO, YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You shall defend, indemnify, and hold harmless Attobahn and any of our officers, directors, employees, agents, shareholders, and representatives for any losses, damages, judgments, orders, costs, liabilities, and expenses (including, without limitation, reasonable attorneys' fees and expert fees) relating to or arising out of claims or allegations brought by third parties related to or arising out of Your use of the Website, including, without limitation, the following:
  1. Your breach of these Terms of Use.
  2. Your violation of any criminal law or any civil law, rule, or regulation.
  3. Your violation of any third party's rights under applicable law, including without limitation infringement of a third party's intellectual property rights.
This indemnity shall apply without regard to the negligence of any party, including any indemnified person. We reserve the right to retain additional counsel representing us at our own cost and expense.

Notices

We may deliver notices to you by email, a general notice through the Website, or another reliable method to any communication channels you provided.

Choice of Law

‍These Terms of Use supersede any other agreement between You and Us to the extent necessary to resolve any inconsistency or ambiguity between the agreements. These Terms of Use will be governed by and construed by the substantive and procedural laws of the State of Virginia without giving effect to any principles of conflicts of laws. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Binding Arbitration for Disputes and Class Action Waiver

Any legal disputes or claims arising from or related to these Terms of Use or use of the Website, which we cannot resolve through negotiated means exclusively, shall be submitted for binding arbitration in Ashburn, Virginia. The American Arbitration Association shall conduct the arbitration under its Commercial Arbitration Rules using a single arbitrator unless otherwise mutually agreed. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof and shall be final and binding. Claims shall be brought within the limitations period required by applicable law. Any claim, action, or proceeding arising from or related to the Agreement you bring must be brought in Your capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO (1) BRING A LEGAL ACTION IN COURT (2) HAVE YOUR DISPUTE RESOLVED BY A JUDGE OR JURY, AND (3) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Domestic Use; Export Restriction 

We make no representation that the Website or any content is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of specific technical data and software to certain territories.

Miscellaneous Provisions

The section title in these Terms of Use is for convenience only and has no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties agree that such arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by Us.

Additional Assistance

If You do not understand any of the preceding Terms of Use or if You have any questions or comments, we invite you to contact us at:
 
AttoBahn, Inc.
20147 Lakeview Center Plaza, Suite 400
Ashburn, VA 20147
Email: info@attobahn.com