Terms and Conditions
Agreement between User and https://attentiv.devWelcome to https://attentiv.dev. The https://attentiv.dev website (the "Site") is comprised ofvarious web pages operated by Socket Software Inc. ("Attentiv Development").https://attentiv.dev is offered to you conditioned on your acceptance without modification of theterms, conditions, and notices contained herein (the "Terms"). Your use of https://attentiv.devconstitutes your agreement to all such Terms. Please read these terms carefully, and keep a copyof them for your reference.
https://attentiv.dev is an E-Commerce Site.
Attentiv Development is a software consulting and development company that specializes inproviding innovative technology solutions for businesses. Our website serves as a platform toshowcase our services, including custom software development, consulting, and technologystrategy planning. We also use the site to communicate with clients, provide information about ourexpertise, and offer promotional deals or consultations. We do not sell physical products, but weoffer professional services tailored to our clients' needs.
Electronic Communications
Visiting https://attentiv.dev or sending emails to Attentiv Development constitutes electroniccommunications. You consent to receive electronic communications and you agree that allagreements, notices, disclosures and other communications that we provide to you electronically,via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Attentiv Development does not knowingly collect, either online or offline, personal informationfrom persons under the age of thirteen. If you are under 18, you may use https://attentiv.dev onlywith permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://attentiv.dev may contain links to other websites ("Linked Sites"). The Linked Sites are notunder the control of Attentiv Development and Attentiv Development is not responsible for thecontents of any Linked Site, including without limitation any link contained in a Linked Site, or anychanges or updates to a Linked Site. Attentiv Development is providing these links to you only asa convenience, and the inclusion of any link does not imply endorsement by Attentiv Developmentof the site or any association with its operators.
Certain services made available via https://attentiv.dev are delivered by third party sites andorganizations. By using any product, service or functionality originating from the https://attentiv.devdomain, you hereby acknowledge and consent that Attentiv Development may share suchinformation and data with any third party with whom Attentiv Development has a contractualrelationship to provide the requested product, service or functionality on behalf ofhttps://attentiv.dev users and customers
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and usehttps://attentiv.dev strictly in accordance with these terms of use. As a condition of your use of theSite, you warrant to Attentiv Development that you will not use the Site for any purpose that isunlawful or prohibited by these Terms. You may not use the Site in any manner which coulddamage, disable, overburden, or impair the Site or interfere with any other party's use andenjoyment of the Site. You may not obtain or attempt to obtain any materials or informationthrough any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as thecompilation thereof, and any software used on the Site, is the property of Attentiv Development orits suppliers and protected by copyright and other laws that protect intellectual property andproprietary rights. You agree to observe and abide by all copyright and other proprietary notices,legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, createderivative works, or in any way exploit any of the content, in whole or in part, found on the Site.Attentiv Development content is not for resale. Your use of the Site does not entitle you to makeany unauthorized use of any protected content, and in particular you will not delete or alter anyproprietary rights or attribution notices in any content. You will use protected content solely foryour personal use, and will make no other use of the content without the express writtenpermission of Attentiv Development and the copyright owner. You agree that you do not acquireany ownership rights in any protected content. We do not grant you any licenses, express orimplied, to the intellectual property of Attentiv Development or our licensors except as expresslyauthorized by these Terms.
International Users
The Service is controlled, operated and administered by Attentiv Development from our officeswithin the USA. If you access the Service from a location outside the USA, you are responsiblefor compliance with all local laws. You agree that you will not use the Attentiv DevelopmentContent accessed through https://attentiv.dev in any country or in any manner prohibited by anyapplicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Attentiv Development, its officers, directors,employees, agents and third parties, for any losses, costs, liabilities and expenses (includingreasonable attorney's fees) relating to or arising out of your use of or inability to use the Site orservices, any user postings made by you, your violation of any terms of this Agreement or yourviolation of any rights of a third party, or your violation of any applicable laws, rules or regulations.Attentiv Development reserves the right, at its own cost, to assume the exclusive defense andcontrol of any matter otherwise subject to indemnification by you, in which event you will fullycooperate with Attentiv Development in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of orconcerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, orotherwise at law or in equity for damages or any other relief, then such dispute shall be resolvedonly by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a singleneutral arbitrator and administered by the American Arbitration Association, or a similar arbitrationservice selected by the parties, in a location mutually agreed upon by the parties. The arbitrator'saward shall be final, and judgment may be entered upon it in any court having jurisdiction. In theevent that any legal or equitable action, proceeding or arbitration arises out of or concerns theseTerms and Conditions, the prevailing party shall be entitled to recover its costs and reasonableattorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms andConditions or any disputes arising as a result of these Terms and Conditions, whether directly orindirectly, including Tort claims that are a result of these Terms and Conditions. The parties agreethat the Federal Arbitration Act governs the interpretation and enforcement of this provision. Theentire dispute, including the scope and enforceability of this arbitration provision shall bedetermined by the Arbitrator. This arbitration provision shall survive the termination of these Termsand Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN ORAVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES ORTYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THEINFORMATION HEREIN. SOCKET SOFTWARE INC. AND/OR ITS SUPPLIERS MAYMAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SOCKET SOFTWARE INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONSABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ANDACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES ANDRELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCHINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICSARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.SOCKET SOFTWARE INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALLWARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALLIMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTSHALL SOCKET SOFTWARE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANYDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIALDAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OFOR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THEPROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICSOBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OFTHE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICTLIABILITY OR OTHERWISE, EVEN IF SOCKET SOFTWARE INC. OR ANY OF ITSSUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSESOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIEDWITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Attentiv Development reserves the right, in its sole discretion, to terminate your access to the Siteand the related services or any portion thereof at any time, without notice. To the maximum extentpermitted by law, this agreement is governed by the laws of the State of Florida and you herebyconsent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of orrelating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not giveeffect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists betweenyou and Attentiv Development as a result of this agreement or use of the Site. AttentivDevelopment's performance of this agreement is subject to existing laws and legal process, andnothing contained in this agreement is in derogation of Attentiv Development's right to comply withgovernmental, court and law enforcement requests or requirements relating to your use of the Siteor information provided to or gathered by Attentiv Development with respect to such use. If anypart of this agreement is determined to be invalid or unenforceable pursuant to applicable lawincluding, but not limited to, the warranty disclaimers and liability limitations set forth above, thenthe invalid or unenforceable provision will be deemed superseded by a valid, enforceable provisionthat most closely matches the intent of the original provision and the remainder of the agreementshall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the userand Attentiv Development with respect to the Site and it supersedes all prior or contemporaneouscommunications and proposals, whether electronic, oral or written, between the user and AttentivDevelopment with respect to the Site. A printed version of this agreement and of any notice givenin electronic form shall be admissible in judicial or administrative proceedings based upon orrelating to this agreement to the same extent and subject to the same conditions as other businessdocuments and records originally generated and maintained in printed form. It is the express wishto the parties that this agreement and all related documents be written in English.
Changes to Terms
Attentiv Development reserves the right, in its sole discretion, to change the Terms under whichhttps://attentiv.dev is offered. The most current version of the Terms will supersede all previousversions. Attentiv Development encourages you to periodically review the Terms to stay informedof our updates.
Contact Us
Attentiv Development welcomes your questions or comments regarding the Terms:
Socket Software Inc.
17768 Villa Club Way
Boca Raton, Florida 33496
Email Address:nathaniel@attentiv.dev
Telephone number:330-458-9393
