Welcome! The following terms and conditions ("Terms of Service") govern your use of all services located under the domain attracta.com ( "the Attracta"). All users of the Attracta must abide by our Terms of Service.
The Attracta Service belongs to and is provided by Online Brand Builder, Inc. ("Online Brand Builder"). By using the Attracta Service, you are agreeing to be legally bound by these Terms of Service. If at any time you are not willing to be bound by all of these Terms of Service, then you must not use the Attracta Service.
Online Brand Builder has complete discretion to update and change these Terms of Service from time to time, and to change the scope or features of the Attracta Service from time to time. Although Online Brand Builder will use reasonable efforts to notify you of changes when commercially practical, we reserve the right to make such changes without notice. If you continue to use the Attracta Service after any such changes, with or without notice, you will be considered to have consented to them. You can always review the most current version of the Terms of Service at http://www.attracta.com/terms.jsp
1. Your Account
- If you are age 13 or older, you may access the Attracta Service. However, until you reach 18 years old (or the legal age to form a binding contract in the place where you live, if that age is not 18), then your use of the Attracta Service must be under the supervision of your parent or guardian who has agreed to the Terms of Service. If
you do not qualify in one of these ways, you may not use the Service.
- Attracta can refuse registration of, or cancel an account in it's discretion, at any time.
- Your account will be accessed through a user ID and password that you will create (your "Credentials"). Your Credentials are solely for your personal use. You are responsible for maintaining the confidentiality of your Credentials, and you are fully and solely responsible for all activities that occur under your Credentials. It is up to you to take adequate precautions with your Credentials, and to immediately notify Attracta of any unauthorized use of your Credentials.
- Using your account, you may access and participate in the Attracta Service, including viewing, posting and responding to communications on the Attracta
Service.
2. Refunds and Automatic Renewal
- This is a pre-paid subscription based Service. All payments are due on or before the start of each subscription period. Refund requests will only be applied to the remainder of the then current subscription period. No refunds will be made for prior Service subscription periods before the refund request was made. You agree that this subscription based Services will automatically renew at the end of each subscription period. The Service will renew at the same price as the original subscription price agreed to for the Service at time of purchase and will be automatically re-billed for payment on the renewed subscription start date, unless you send notice of your request that the Services not renew. Such notice of non-renewal must be sent to the e-mail address support@attracta.com at least seven (7) days prior to the end of your current subscription period.
3. General Terms
- These Terms of Service will remain in full force and effect while you use the Attracta Service. Those terms that can continue to operate after you stop using the Attracta Service (including without limitation your Content license to Attracta and the General Terms in this Section), will survive after you stop using the Get
Satisfaction Service.
- You agree to indemnify and hold Attracta and Online Brand Builder, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Attracta Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Attracta Service, or (iii) the violation of these Terms of
Service by you, or any third party using your Credentials.
- THE ATTRACTA SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE ATTRACTA SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ATTRACTA SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ATTRACTA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, ATTRACTA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE ATTRACTA SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ATTRACTA DOES NOT WARRANT THAT THE ATTRACTA SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ATTRACTA SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ATTRACTA OR THE ATTRACTA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN TH
ESE TERMS OF SERVICE.
- ATTRACTA AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ATTRACTA'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO ATTRACTA FOR THE ATTRACTA SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).
- These Terms of Use (including the Privacy Policy) are the entire agreement between Attracta and you regarding the Attracta Service. Any dispute arising from or related to these Terms of Use will be governed by the laws of the State of California without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in San Francisco, California, and you agree to the personal jurisdiction of those courts for such purposes. The failure of Attracta to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.



