Terms of Use

Attain Capital (“Attain Capital” or “we”) provides its content on attaincap.com (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on March 30, 2016. By accessing and using this Site, you agree to these Terms. For an explanation of Attain Capital’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.

1. Use of Site

Attain Capital hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content.

You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Attain Capital’s prior written consent. You may use this service, the Site, and the information, writings, images, and/or other works that you see, hear, or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Attain Capital services. No right, title or interest in any content is transferred to you whether as a result of downloading such Content or otherwise. Attain Capital reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or Service, except as expressly permitted by the Terms of Use.

2. Copyright

The Site and Content are protected by U.S. and/or foreign copyright laws, and belong to Attain Capital, its partners, affiliates, contributors, or third parties. The copyrights are owned by Attain Capital or other copyright owners who have authorized their use on this Site. You may download and reprint Content for non-commercial, non-public, personal use only.) If you are browsing this site as an employee or member of any business or organization, you may download and reprint Content only for educational or non-commercial purposes within your business or organization, except as otherwise permitted by Attain Capital). You may not manipulate or alter in any way the Content of the Site. All rights not expressly granted are reserved.

3. Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Attain Capital and its licensors. You agree that you will not refer to or attribute any information to Attain Capital or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Attain Capital or its licensors.

4. User Postings

You acknowledge and agree that Attain Capital shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Attain Capital for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Attain Capital’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Attain Capital does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Attain Capital reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

5. Notices of Infringement and Takedown by Attain Capital

Attain Capital prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Attain Capital at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Attain Capital will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Attain Capital’s contact for submission of notices under this Section 5 is: Attain Capital, Attn: Legal Department, 1650 Tysons Blvd, Suite 1530, McLean, VA 22102.

6. Disclaimer of Warranties

The content and functionality on the site is provided with the understanding that Attain Capital is not herein engaged in rendering professional advice and services to you. All content and functionality on the site is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Attain Capital and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. Attain Capital shall have no liability or responsibility for any information published on linked web sites, contained in any user submissions published on the site, or provided by third parties. Neither Attain Capital nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

7. Third-Party Websites

We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Attain Capital has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers. Such links do not constitute or imply endorsement, sponsorship, or recommendation by Attain Capital of the third party, the third-party web site, or the information contained therein.

8. Limitation of Liability

In no event shall Attain Capital be liable for any damages whatsoever, including, but not limited to any direct, indirect, incidental, consequential, special, exemplary, or other indirect damages arising out of the (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site, (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service, and/or the content, (iv) unauthorized access to or alteration of your transmissions, or data, or (v) any other matter relating to the site, the service, or the content, even if Attain Capital has been advised of the possibility of such damages, if you are dissatisfied with the site, the service, the content, or with the terms of use. Your sole and exclusive remedy is to discontinue using the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, Attain Capital’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event exceed $100.00.

9. User Supplied Information or Data

You agree that any information, or data, you transmit to Attain Capital, or post to the site shall be considered non-confidential and non-proprietary. You further guarantee that you have the legal right to post the submission, and that it will not violate any law, or the rights of any person, or entity; and, you give Attain Capital the royalty-free irrevocable, perpetual, worldwide right to use, distribute, display, and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

10. Entire Agreement

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Attain Capital of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

11. Governing Law; Jurisdiction

These Terms are governed by the laws of the Commonwealth of Virginia without reference to the principles of conflicts of laws thereof.