Terms of Use

  1. Terms of Use

Binding Agreement

These Terms of Use (as defined below) are a legally binding agreement between Attenti and you.

The term “Attenti“, “us“, “we” or “our“, refers to Attenti Electronic Monitoring, Ltd., the owner of the Site (as defined below). The term “you” refers to the User (as defined below), by way of viewing.

These Terms of Use govern your access to our Site, and any Content (as defined below) and/or features contained therein.

These Terms of Use are void where prohibited by law, and the right to use the Site is revoked in such jurisdictions.

Accepting the Terms of Use

These Terms of Use are effective as of the date you access or otherwise use the Site, and such access or use of the Site indicates your acceptance of all of the terms and conditions of these Terms of Use.

You may not access or use the Site and may not accept these Terms of Use if (a) you are not of legal age to form a binding contract with Attenti, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Site under the laws of the country in which you are resident or from which you access or use the Site.

Definitions

For the purposes hereof:

  • Content” means any data displayed on the Site, including, but not limited to, texts, photographs, graphics, audio and video files, or any other form which contains information.
  • Site” means Attenti’s web site, found at www.attentigroup.com
  • Terms of Use” means these Terms of Use and Attenti’s Privacy Policy.
  • User” means any person accessing the Site.
  1. Limited License

Attenti hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, right and license to access, view and use the Site, on condition that you comply with all your obligations under these Terms of Use and all modifications thereto. We grant you no other rights, implied or otherwise.

  1. The Site – General Provisions
  • You expressly acknowledge and agree that any access to or use of the Site, and any consequences thereof, are at your sole risk, responsibility and liability.
  • The form and/or features of the Site may change from time to time without prior notice.
  • In addition, we may stop (permanently or temporarily) operating the Site and/or displaying any of the Content, at our sole discretion at any time, and without liability to us or notice.
  1. External Sites
  • The Site may enable access to certain third party web sites (“External Sites“).
  • Use of External Sites may require Internet access and additional terms of service, which you accept.
  • You understand that by using any of the External Sites, you may encounter content that may be deemed offensive, indecent, or objectionable, and which may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to such offensive, indecent or objectionable material.
  • Nevertheless, if you decide to leave our Site and access such third-party External Sites, you do so at your own risk, and you should be aware that these Terms of Use and our Privacy Policy no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site.
  • By using the External Sites, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the External Sites, and that we shall not have any liability or responsibility to you or any other person with regard to any content in the External Sites, including (but not limited to) content that may be found to be offensive, indecent, or objectionable.
  • We do not warrant or endorse any advertising, products or other materials on or available from such External Sites and are not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such External Sites.
  • In addition, External Sites that may be accessed from the Site are not available in all languages or in all countries.
  • We make no representation that such External Sites are appropriate or available for use in any particular location. To the extent you chose to access such External Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
  • We reserve the right, at any time and from time to time, without liability to us or notice, to change, suspend, disable, or remove, your access to any External Sites, and/or to impose limits on your use of, or access to, certain External Sites.

Special caution relating to location data

  • Location data provided, whether by any External Sites and/or as integral part of the Content, is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither we, nor any of our licensors’, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any External Site, and/or as integral part of the Site.
  1. Privacy

Personal information submitted by you through the Site or other information collected by us with regard to the use of the Site is governed by our Privacy Policy. Attenti does not disclose personally identifying information to third parties except in accordance with our Privacy Policy, found at www.attentigroup.com

ATTENTI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ATTENTI HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

  1. Restrictions on Use of the Site

You may not do any of the following while accessing or using the Site:

  • Use the Site otherwise than in compliance with these Terms of Use and all applicable local, state, federal, and national, laws, statutes, ordinances, rules and regulations;
  • Facilitate or encourage any violations of these Terms of Use.
  • Except as otherwise provided in these Terms of Use, copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, decompile, reverse engineer, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, loan or otherwise make available or exploit in any form or by any means all or any portion of the Site or any of the Content, for any purpose;

You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, internal, non-commercial, or non-profit use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens;

  • Remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the Site;
  • Use the Site for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing the Site; or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site;
  • Do anything that could disable, overburden, or impair the proper working of the Site;
  • You may provide links to the Site, provided (a) that you do not remove or obscure the copyright notice or other notices on the Site, (b) that you do not deep-link (i.e. include a link to one of our web pages other than the Site home page) to the Site for any purpose, (c) the site from which you provide the links to the Site does not engage in illegal or pornographic activities, and (d) you discontinue providing links to the Site immediately upon request by us;
  • You are solely responsible and liable for, and Attenti has no responsibility to you or to any third party for, any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Attenti may suffer) of any such breach; and
  • Any use, or attempted use, of the Site and/or the Content contrary to these Terms of Use is a violation of the rights of Attenti. If you breach these Terms of Use, you may be subject to prosecution and damages.
  1. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ATTENTI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.

Attenti does not warrant against interference with your enjoyment of the Site or Content, that the Site or Content will meet your requirements, that the operation of the Site or Content will be uninterrupted or error-free, that defects in the Site or Content will be corrected, that the Site or Content will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.

We disclaim any duty or obligation and make no commitment to update the Site or the Content.

Attenti makes no guaranty of confidentiality or privacy of any communication or information transmitted through the use of the Site.

No oral or written information or advice given by Attenti or its authorized representative shall create a warranty.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

  1. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ATTENTI, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM (I) YOUR ACCESS TO OR USE, INABILITY TO USE, OR RELIANCE ON THE SITE, ANY CONTENT AND/OR ANY EXTERNAL SITES, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT INCLUDED IN THE SITE AND/OR IN ANY EXTERNAL SITE WHICH IS FALSE OR WHICH CONSTITUTES PASSING-OFF, (III) ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT AND/OR ANY EXTERNAL SITES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF ATTENTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, OR FOR (C) ANY THIRD PARTY CLAIMS AGAINST YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY OF ATTENTI, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS (U.S. $50.00).

Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose.

Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.

  1. Indemnity

You shall indemnify and hold Attenti and its directors, officers, employees, agents, partners and licensors, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against Attenti by any other third party, due to or arising out of your use of the Site, your violation of these Terms of Use, and/or your violation of any rights of another party.

  1. Ownership

You hereby acknowledge that all rights, ownership, title and interest in the Site, the Content and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights, are and shall remain the sole and exclusive property of Attenti.

The Site contains proprietary information and material and trade secrets that are owned by Attenti, and are protected by applicable intellectual property and other laws, including but not limited to copyright.

All copyrights in and to the Site and any Content posted by Attenti, are owned solely and exclusively by Attenti, (and/or by its licensors), who reserve all their rights in law and equity.

You are not granted any right and/or license, or ownership including any copyright, trade mark and other intellectual property rights to the Site or to any Content, other than as explicitly set forth in these Terms of Use.

Any third party trade or service marks present on Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever except as permitted in these Terms of Use.

THE USE OF THE SITE OR ANY PART OF THE CONTENT, EXCEPT FOR USE OF THE SITE AND THE CONTENT AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF ATTENTI AND/OR OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.

Attenti reserves all rights not expressly granted to you under these Terms of Use.

You agree that any and all of Attenti’s trademarks, trade names, service marks, graphics, logos and other brand features used in connection with the Site, are trademarks or registered trademarks of Attenti (collectively, the “Attenti Marks“). Nothing in these Terms of Use gives you a right to use or display the Attenti Marks in any manner.

  1. Copyright Policy

Attenti will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Attenti. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Attenti (as set out in Section 17 (Addresses and Notices) below with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Attenti to locate the material; (iii) your contact information, including your address, telephone number, and an email address; (iv) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.

  1. Termination

These Terms of Use shall be effective until terminated by Attenti. Attenti may terminate these Terms of Use if you fail to comply with any of the provisions of these Terms of Use, without prejudice to the right of Attenti to be indemnified for its damages and any other right and remedy.

In all such cases, these Terms of Use shall terminate, but the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections 7 through and including 18, shall survive such termination for any reason and shall continue to apply.

Upon termination of these Terms of Use, you shall cease all use of the Site.

  1. Unsolicited Idea Submission Policy

You agree that any remarks, ideas, feedback, comments, suggestions, or any other information that you may provide to Attenti (collectively, a “Submission“), is entirely voluntary, and that Attenti will be free to use any such feedback, comments or suggestions as Attenti will see fit, without any obligation or compensation to you or any other person sending the Submission. Attenti will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby irrevocably assign to Attenti all rights therein. Attenti will not be required to treat any Submission as confidential. You acknowledge that you are responsible for whatever material you submit, and will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

  1. Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

  1. Export Regulations

You may not use or otherwise export or re-export the Site except as authorized by United States law and the laws of the jurisdiction in which the Site was accessed to, viewed and/or used. In particular, but without limitation, the Site may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

By accessing, viewing and/or using the Site, you represent and warrant that (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use the Site for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

  1. Governing Law and Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. Your use of the Site may also be subject to other local, state, national, or international laws.

Both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms of Use, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that Attenti shall still be allowed to apply for injunctive remedies in any jurisdiction.

  1. Address and Notices

Attenti’s corporate offices are located at 2 Habarzel St., Tel Aviv, Israel.

Any questions, complaints, claims or other communication to Attenti concerning the Site should be directed to: contact@attentigroup.com.

All communications between Attenti and you shall be in the English language only.

  1. Miscellaneous

Headings and Interpretation. The headings of the Sections in these Terms of Use are for reference only and shall not be considered in the interpretation hereof. In these Terms of Use, unless the context otherwise requires or expressly stated otherwise: singular terms include the plural and vice versa; the use of any gender shall be applicable to both genders; the words “include” and “including” will not be construed as terms of limitation; the words “day”, “month” and “year” mean respectively, calendar day, calendar month and calendar year. References to any legislation or regulations include references to any amendments or re-enactments thereof from time to time.

Any translation of these Terms of Use is provided solely for your convenience and is not intended to modify these Terms of Use. In the event of a conflict between the English version of these Terms of Use and a version in a language other than English, the English version shall apply.

Entire Agreement. These Terms of Use, together with Attenti’s Privacy Notice, contain the complete agreement between the parties and supersedes any prior understandings, agreements or representations by or among the parties, which relate to the subject matter of these Terms of Use.

Amendments. Attenti reserves the right, at any time and from time to time, without liability to Attenti or notice to you, to change any of the provisions of these Terms of Use. Any such changes will be effective immediately and incorporated into these Terms of Use by this reference. Your continued use of the Site, will be deemed to constitute your acceptance of any and all such changes.

Severability. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms of Use remain in full force and effect.

Waiver. No waiver on the part of Attenti of any right under these Terms of Use shall be effective unless in writing and signed by Attenti’s duly authorized representative. No waiver on the part of Attenti of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms of Use.

No Partnership. Nothing contained in these Terms of Use shall be construed as creating a partnership, joint venture, agency or other similar relationship between Attenti and you, nor as granting you the right, power, or authority (express or implied) to bind or otherwise create any duty or obligation for Attenti.

Assignment. You may not assign, subcontract or otherwise transfer any of your rights and/or obligations under these Terms of Use without prior written approval by Attenti, and any purported assignment or transfer without Attenti’s consent shall be null and void. Attenti may assign and/or subcontract some or all of these Terms of Use to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms of Use shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.

No Third Party Beneficiaries. These Terms of Use does not create any obligation of a party to any third parties, nor shall it be deemed to create any rights or causes of action on behalf of any third parties.

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Last updated: March 18, 2018