Atentiv LLC. (“Atentiv”) grants you the right to use this website ("Site") subject to the terms and conditions of use set forth below ("Terms of Use"). By accessing this Site, you agree to be bound by these Terms of Use, and agree that you are responsible for compliance with any applicable laws and regulations, as well as compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.

1. LICENSE.

Atentiv owns and operates the Site. Documents and other Site materials ("Site Content") are protected by copyright laws throughout the world. Atentiv grants you permission to download one copy of Site Content material for personal, non-commercial viewing only. This is a limited license, not a transfer of title, and under this limited license you may not:

  1. Copy or modify the Site Content, including the removal of any copyright or proprietary notations
  2. Transfer the Site Content to any other server
  3. Use the Site Content material for any other commercial or non-commercial purpose, or for any public display or use
  4. Post any files which contain viruses, worms, Trojan horses or other such malicious code
  5. Post data or content which violates or infringes any third party rights, is false, misleading or inaccurate or injures, defames, libels or disparages any third party
  6. Interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Site or any software or technology or content forming part thereof
  7. Post unsolicited or unauthorized advertising or promotional material, junk mail, or spam

2. TRADEMARKS.

“ATENTIV”, “FOCUSFORWARD”, “AV”, “ATENTIVmynd”, “MINDRUNNER”, “G-STAR ADVENTURES”, “ATENTIVITY”, “ATENTIVskil”, “COSIG”, “MYNDfullness”, and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of Atentiv. and may not be used without express written consent by Atentiv.

3. MODIFICATION.

Atentiv reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. Atentiv does not warrant that any of the materials on the Site are accurate, complete, or current. You agree that Atentiv will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.

4. FEEDBACK.

Atentiv will treat any feedback or suggestions you provide to Atentiv as non-confidential and non-proprietary. THUS, IN THE ABSENCE OF A WRITTEN AGREEMENT WITH ATENTIV TO THE CONTRARY, YOU HEREBY ASSIGN ALL RIGHTS IN ANY FEEDBACK OR SUGGESTIONS YOU PROVIDE TO ATENTIV.

5. THIRD PARTY LINKS.

The Site may contain links to other websites operated by third parties. These links are provided as a convenience and these websites are not under the control of Atentiv. Atentiv is not responsible for the content of any third party web site or any link contained in a third party web site. Atentiv does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites.

6. LIMITED WARRANTY.

Atentiv provides a limited one year warranty on products purchased through the Site, as described on our Warranty page: www.atentiv.com/warranty.

Atentiv warrants to you, the original retail purchaser ("Consumer"), that this product ("Product") will under normal use operate substantially in accordance with the accompanying documentation for a period of one (1) year from date of original purchase. Consumer's sole and exclusive remedy, and Atentiv's sole and exclusive responsibility under this warranty will be, at Atentiv's option, either to repair or replace the defective Product during the one (1) year limited warranty period so that it performs substantially in accordance with the accompanying documentation on the date of your initial purchase. Any replacement may be, at the option of Atentiv, a new or remanufactured Product. If Atentiv, in its sole discretion, determines it is not reasonable to replace the defective Product, Atentiv may refund to Consumer the purchase price paid for the Product.

a. The forgoing warranty is limited and is not applicable to: (i) normal wear and tear; (ii) defects or damage caused by misuse, accident (including without limitation collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, use in an unapproved device or if the serial number has been removed; (iii) use not in accordance with the documentation; and (iv) damage caused by the equipment with which the Product is used.

b. To obtain warranty service for any Product that is subject to the foregoing warranty, Consumer must notify Atentiv to obtain a Return Material Authorization ("RMA") and return the defective Product together with proof of purchase to the address specified by Atentiv in connection with the RMA. Consumer shall bear the cost of shipping the Product to Atentiv and Atentiv shall bear the cost of shipping the Product back to the Consumer after the completion of service under this limited warranty. Any Product returned to Atentiv without an RMA or without proof of purchase will be returned to Consumer at Consumer's cost. c. The limited warranty extends only to Consumer and is not assignable or transferable to any subsequent purchaser or user. THE LIMITED WARRANTY SET FORTH ABOVE IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES AND ATENTIV HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT

7. REGISTRATION AND ACCOUNT SECURITY.

Through the purchase of an Atentiv product via the Site, you will have the ability to create an account (“Account”). If you submit registration information to create an Account, you represent and warrant that all information submitted to Atentiv in connection with such registration is complete and accurate, and that you will update such information if it changes. If you create an Account, you are responsible for all use of your Account, and for maintaining the confidentiality of the information used to access your Account (including user name and password). You agree not to share your user name or password with anyone, or use anyone else’s Account at any time. You agree to notify Atentiv immediately if you suspect any unauthorized use of, or access to, your Account (including your user name and password). You acknowledge that the reuse of your password in connection with accounts on other websites increases the risk that the security of your Account may be compromised.

8. PRIVACY/PERSONAL INFORMATION.

You agree that your use of the Site and the Products is subject to the terms of our Privacy Policy, which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use. By agreeing to the Terms of Use or by using the Site, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information and other Non-Personal Information according to the Privacy Policy. You represent and warrant to Atentiv that you are at least 18 years of age and that you have the full, unrestricted right and authority and have been fully authorized to provide to Atentiv any and all Registration Data (including any Personal Information) for the purposes of these Terms of Use and that Atentiv is authorized and permitted to use such data as and to the extent provided in these Terms of Use.

9. USE OF COOKIES

You agree that Company has the right to monitor and review your use of the Site and Products from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Privacy Policy.

10. SUPPORT.

Company may in its discretion, without any obligation to do so and subject to the limitations of these Terms of Use (or as may be posted on the Site from time to time), provide you with troubleshooting support concerning your use of the Site and any Products.

11. LIMITATION OF LIABILITY.

IN NO EVENT SHALL ATENTIV OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. AMENDMENT.

Atentiv may, at any time, revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use.

13. GOVERNING LAW.

Any claim relating to Site or Site Content shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.

If you have any questions about the foregoing, please contact Atentiv Support.

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