Attractly Terms of Service
Term and Conditions of Use was revised on 2017-1-26
Effective: January 1, 2017
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF Attract.ly, WHICH IS PROVIDED BY Attractly LLC. BY ACCESSING Attract.ly, YOU AGREE TO THESE TERMS AND CONDITIONS, WITHOUT MODIFICATION, AND ACKNOWLEDGE READING THEM. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY Attractly LLC AT ANY TIME IN ITS DISCRETION. YOUR USE OF Attract.ly. AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS PRIOR TO EVERY USE FOR ANY CHANGES. IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DISCONTINUE USE OF Attract.ly.
The terms “we”, “us”, and “our” refers to Attractly LLC. The term the “Site” refers to Attract.ly. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. The term the “Service” refers to the services and/or products provided by Attractly LLC via Attract.ly. The term the “Content” refers to information provided on the Site in any form, including graphics, artwork, photos, videos, audios, text, code, software or other material. The term “Submissions” refers to any graphics, artwork, photos, videos, audios, text, code, software or other material provided by you to Attractly LLC via our Site, Service, or company email or regular mail.
Other Documents Included In These Terms And Conditions By Reference
Use of the Site and Service
TO ACCESS OR USE THE SITE, YOU MUST BE 18 YEARS OR OLDER AND HAVE THE NECESSARY POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS. CHILDREN UNDER THE AGE OF 18 ARE PROHIBITED FROM USING THIS SITE.
Content provided on the Site and in or related to the Service is subject to change. Attractly LLC makes no representation or warranty that the Content, regardless of its source, is accurate, complete, reliable, current or error-free. Attractly LLC disclaims all liability for any inaccuracy, unreliability, error or lack of timeliness or completeness in the Content.
Content on this Site may be provided in written, video and/or audio format and is provided for the user’s convenience for informational, educational and entertainment purposes only. Content on this Site is not intended to provide specific financial, tax, legal, physical or mental health or any other professional advice whatsoever to you, or any other individual or company, and should not be relied upon as such.
Site Licensee Status
You understand and agree that your use of the Site is limited and non-exclusive as an individual nontransferable revocable licensee. Attractly LLC may, within our sole discretion, terminate your license to use the Site, and access to the Site, for any reason or no reason whatsoever, and without giving you notice.
(a) User agrees that Company is acting as an independent contractor in performing the Services and for all other purposes under this Agreement and that the relationship between the Company and the User shall not constitute a partnership, joint venture or agency. Company is not an employee, agent or legal representative of the User and has no authority to represent the User or to enter into any contracts or assume any liabilities on behalf of the User.
(b) Company shall be solely and unconditionally responsible for paying any and all city, state and federal taxes and assessments, including, without limitation, all income, social security, withholding and self-employment taxes, relating to any income or other consideration that Company derives from this Agreement. Company hereby agrees to indemnify and hold the User harmless from any losses, claims, or actions (including, but not limited to, attorneys’ fees) sustained by the User as a result of the failure of Company or Company’s agents or employees to pay when due any such taxes.
- The User agrees to hold the Company and each of its members, officers, employees and agents harmless from and against any and all claims and damages, expenses or liability that arise from or in connection with the User’s website, content or activities, including but not limited to, any attorney fees incurred by the Company. The User’s failure to perform under the terms of this paragraph shall be deemed a waiver of any and all claims, demands for remedies, or causes of action, including specific performance, which the User might otherwise have against the Company or its agents.
- The Company or its agents will not be liable for lost profits, lost opportunities, indirect, incidental or consequential damages of the User under any circumstance.
Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed under the laws of the Commonwealth of Pennsylvania without reference to its principles of choice of law. All disputes pertaining to this Agreement shall be decided by a state court located in Chester County, Pennsylvania, or if in federal jurisdiction, a federal court located in Philadelphia, Pennsylvania.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to Attractly LLC will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Restrictions On Use
You may use the Site and Service for lawful purposes only. You agree to use the Site and to purchase Service through the Site for legitimate purposes expressly permitted by this Site. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You may not use this site for any other purpose, including any commercial purpose, without Attractly LLC ‘s express prior written consent. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
The Service is offered subject to our acceptance of your order or request for Service. We reserve the right to refuse service to any order, person or entity, without any obligation to explain our reason for doing so. An order is not deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will issue a pro-rated refund of your money based on the number of days you had the Service.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible so that we may correct the error.
Term Length and Payment Frequency
You agree that when signing up for your plan/service/software/product there is a specific and clear length of time you are paying for. You understand that Annual means 365 full days from the date of the first payment and Monthly means every 28 days your card on file will be charged the approved amount until you provide written notice of cancellation.
Cancellations, Refunds & Rates
All Sales are Final. We do not offer refunds for any services, software, consulting or otherwise for any reasons after payment has been made. You may cancel service prior to your renewal date however service will continue until the end of your agreed upon term assigned to your plan. At the end of the Term service will end and you will not be billed further.
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Third Party Resources
The Site and the Service may contain links to third party websites and resources. These links are provided for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Unless otherwise indicated by us, links to such websites or resources do not imply any endorsement by or affiliation with Attractly LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Links to external websites may expire over time, a situation which we do not control. We do review our Site periodically for broken and out-of-date links, and we have the right to alter, remove or post links at any time. If you would like to report problems with links on our Site, see out address below.
Material You Submit to the Site
Attractly LLC prohibits the uploading, posting or otherwise making available on the Site any artwork, photos, videos, audios, text or other submission of material (collectively “Submissions”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. You represent or warrant that you have the authority to use and distribute all Submissions submitted by you to the Site, as well as any Submissions sent via email to our email address or via mail to our mailing address, and that the use or display of the Submissions will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Submissions
We claim no intellectual property rights over your Submissions to Attractly LLC. You retain copyright and any other rights you may rightfully hold in any Submissions which you submit through the Site or Service or via company email or postal mail. Submissions to Attractly LLC remain yours to the extent that you have any legal claims therein. You agree to hold Attractly LLC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting Submissions on the Site or through the Service or submitting testimonials and other information to our email or postal address, you grant us a world wide, nonexclusive, royalty-free, perpetual, irrevocable license to use the Submissions for promotional, business development and marketing purposes.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
Attractly LLC respects the intellectual property of others, and we expect our Site users to do the same. Attractly LLC may, in appropriate circumstances and at its discretion, refuse Service and/or Site access to users who may be intentional or repeat copyright infringes. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, or if you are uncertain whether your material is protected by copyright laws, we suggest you contact an attoey knowledgeable in copyright law. United States copyright law provides that you will be liable for damages (including damages, costs and attorneys’ fees) if you materially misrepresent that a website or web page is infringing your copyright.
If you do wish to file a notice of infringement related to our Site, please provide Attractly LLC the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:
- A detailed description of the copyrighted work or other intellectual property that you claim has been infringed, sufficient to identify the property;
- A description of where the material that you claim is infringing is located on the Site, including the URL, the exact webpage, and a description of the specific material on the page which you claim is infringing on the copyright;
- Your name, address, telephone number, and email address;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner or as agent authorized to act on behalf of the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
- The signature of the copyright owner or a person authorized to act on behalf of the copyright owner below the above statement.
You may give the above notice to Attractly LLC’s IP agent to the following address:
PO Box 3066
West Chester PA 19380
Counter notification To Claimed Copyright Infringement
If a notice of copyright infringement has been filed with Attractly LLC implicating you, Attractly LLC will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter-notification with Attractly LLC. If Attractly LLC receives a valid counter-notification, the removed or blocked information will be restored or access re-enabled. The information will be restored in not less than 10, nor more than 14, business days following receipt of the counter-notification, unless Attractly LLC first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringe from engaging in infringing activity relating to the material on this Site.
If you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attoey. United States copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
Our Intellectual Property
The Site and Service contain intellectual property owned by Attractly LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Attract.ly name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel.” The entire Content of our Site is protected by intellectual property law, including inteational copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.
Material Connection, Good Faith Recommendations and Compensation
Unless otherwise expressly stated, you should assume that all references to products and services on Attract.ly are made because material connections exist between Attractly LLC and the vendor of the mentioned products and services (“Vendor”).
Attractly LLC recommends products and services on Attract.ly based in part on a good faith belief that the purchase of such products or services will help our users. Attractly LLC has this good faith belief because (a) Attractly LLC has tried the product or service mentioned prior to recommending it or (b) Attractly LLC has researched the reputation of the Vendor and has made the decision to recommend the Vendor’s products or services based on the Vendor’s history of providing these or other products or services. The representations made by Attractly LLC about products and services reflect Attractly LLC’s honest opinion based upon the facts known to Attractly LLC at the time a product or service is mentioned on Attract.ly.
Attractly LLC’s opinion about a product or service may be partially formed, whether knowingly or unknowingly, in part based on the fact that Attractly LLC has been compensated or will be compensated because of Attractly LLC’s business relationships with the Vendor.
The type of compensation Attractly LLC receives may vary. In some situations, Attractly LLC may receive complimentary products, services, or money from a Vendor prior to mentioning the Vendor’s products or services on Attract.ly.
In other instances, Attractly LLC may receive a monetary commission or non monetary compensation when you take action based on the content of Attract.ly. This includes, but is not limited to, when you purchase a product or service from a Vendor after clicking on an affiliate link on Attract.ly.
In some cases, Attractly LLC and a Vendor will have a business or personal relationship that does not involve the Attractly LLC receiving compensation related to products and services mentioned on Attract.ly. However, the nature of the relationship could be seen as sufficient to establish a material connection between the Attractly LLC and the Vendor.
Because there may be a material connection between Attractly LLC and Vendors of products or services mentioned on Attract.ly, you should always assume that Attractly LLC may be biased because of Attractly LLC’s relationship with a Vendor and/or because Attractly LLC has received or will receive something of value from a Vendor. Therefore, it is in your own best interest for you to perform your own due diligence before purchasing a product or service mentioned on Attract.ly (or any other website).
Earnings and Income Disclaimers
When Attract.ly informs you about or makes reference to business opportunities or money-making opportunities, you understand and agree we have made no promise, representation, implication, warranty, suggestion, projection or guarantee whatsoever that you will make a certain amount of money, or any money, or not lose money, as a result of pursuing such opportunities or using our products and services, and that we do not authorize any such promise, representation, implication, warranty, suggestion, projection or guarantee by others.
Any earnings, revenue, or income statements or examples are based on actual individual results and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. If we know typical buyer results they are listed. Otherwise, we do not know typical buyer results and you should take that into consideration in your decision to use our product or service. As with any business, your results will vary and will be based on your personal capabilities, experience, knowledge, level of desire, work ethic, time invested and an infinite number of variables beyond our control, including variables we or you have not anticipated. Accordingly, there are no guarantees concerning the level of success you may achieve.
Testimonials, case studies, and examples found at Attract.ly are exceptional results, are not representative of the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and examples found at Attract.ly.
We make no assurance that any prior successes or past results as to earnings or income referred to on this Site will apply in your situation, nor can any prior successes be used as an indication of your future success or results from using any of the information, content, or strategies on this Site. If you rely upon any figures provided on this Site, you must accept the entire risk of not doing as well as the information provided, and only risk capital should be used.
Representation. The User hereto agrees that (a) he/she/it have been advised to consult with an attorney prior to signing this Agreement and (b) he/she/it has had sufficient time to consult with an attorney, or has consulted with an attorney regarding the implications of Agreeing to this Terms of Service