Please read the following Terms of Service (“Terms”) carefully. These Terms govern your access to and use of the websites, products, software, data, and services (the “Services”) provided by Attain and its subsidiaries or affiliates (collectively, “Attain”, “we”, “our”, or “us”), including but not limited to OutcomeHQ.
By accessing or using any part of the Services as a visitor, user, subscriber, or customer, you acknowledge that you have read, understood, and agree to be bound by these Terms. Your continued use of the Services constitutes acceptance of any updates or modifications that may be made from time to time.
If you do not agree with these Terms, you should not access or use the Services.
For purposes of these Terms, “you” or “your” refers to any individual or entity accessing or using the Services.
1. OutcomeHQ Platform Terms
The following terms apply specifically to users of Attain’s software platform, OutcomeHQ (the “Platform”).
1.1 Eligibility
You represent and warrant that you are at least eighteen (18) years of age and have full authority to enter into these Terms on behalf of yourself or the entity that you represent. By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not meet these requirements, you may not access or use the Platform.
1.2 Account Registration
To access certain features of the Platform, you must create an account (“Account”) using accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.
When registering for or interacting with the Platform, Attain may collect certain information that you provide, such as your name and email address, as well as certain technical information such as your IP address, device type, and operating system. This information is collected and used in accordance with Attain’s Business to Business Privacy Policy.
1.3 Account Security
You agree to promptly notify Attain of any unauthorized use of your Account or any other suspected breach of security. You are responsible for all activities conducted through your Account.
Attain shall not be liable for losses resulting from unauthorized use of your Account. You agree not to attempt to circumvent any security measures used to protect the Platform.
You acknowledge that the Platform incorporates proprietary technologies, materials, and content protected by copyright, patent, trade secret, and other intellectual property laws. Any unauthorized use, reproduction, or disclosure of such materials may result in civil liability and/or criminal penalties.
1.4 Permitted Use
Subject to these Terms, Attain grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Platform for your internal business purposes.
Attain reserves the right to suspend or terminate access to the Platform if it reasonably believes that a user has violated these Terms or is using the Platform in a manner that may harm Attain, its customers, or its data partners.
2. Use of the Services
2.1 Acceptable Use
You agree not to use the Services to:
- violate any applicable laws or regulations;
- interfere with the security or integrity of the Services;
- use automated systems, including bots, crawlers, or scrapers, to access or collect data from the Services without Attain’s prior written consent; or
- reverse engineer or create derivative works of the Services.
Attain may suspend or terminate your access to the Services at any time if you violate these Terms or if Attain reasonably believes that your use of the Services may harm Attain, its users, or its partners.
2.2 Non-Circumvention
You agree not to circumvent any security measures implemented to protect the Platform. You acknowledge that the Platform incorporates proprietary technologies, materials, and content protected by copyright, patent, trade secret, and other applicable laws. Any use or disclosure of such materials contrary to these Terms may cause substantial damage to Attain or its licensors and may subject you to civil liability and/or criminal penalties.
3. Communications
If you sign up for Attain’s marketing newsletters and any other communications offered by Attain, you agree that Attain may collect and store your email address to send you marketing communications. You may unsubscribe from such communications at any time by clicking the unsubscribe link in the message sent to you or contacting us at support@attainoutcomes.com.
4. Data Ownership and Privacy
4.1 Customer Data
You retain all right and ownership in the data that you provide or upload into the Services (“Customer Data”). Attain may also use aggregated and anonymized data derived from Customer Data for the purposes of improving and operating the Services.
4.2 Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose Personal Information.
5. Intellectual Property
5.1 Attain IP
All of Attain’s content, information, materials, data, images, graphics, sounds, and other components on the Services (the "Contents") are copyrighted and owned or controlled by Attain unless otherwise noted. Any unauthorized use of the Contents on the Services may violate copyright, trademark and other laws and intellectual property rights of Attain or third parties. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Contents from the Services may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Attain. The Contents on the Services are provided for lawful purposes only.
Attain is the owner of all Attain Trademarks, service marks, graphics, and logos (collectively, the “Attain Trademarks”) used in connection with Attain. The Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Attain Trademarks or the trademarks of any third party without express written consent of an authorized Attain representative.
5.2 Feedback
If you send us any submissions (e.g., emails, letters, text messages, postings to chat rooms, boards, or contests), feedback, creative suggestions, ideas, notes, drawings, concepts, or other information, they will be deemed to be Attain’s property and we will not be liable for any use or disclosure of such submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. The content of any submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
6. Disclaimers
The Services (including any software contained therein) and any upgrades or plug-ins and any content are licensed to you “as is.” To the maximum extent permitted by applicable law, Attain disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Attain makes no representations or guarantees that Attain products or services will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Attain disclaims any liability relating thereto.
Attain makes no guarantees, representations, or warranties that use or results of the use of Attain will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Attain may modify, suspend, or discontinue Attain products or services or your use of them.
7. Limitations of Liability
ATTAIN WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR PRODUCT FAILURE. ATTAIN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF THERE IS NEGLIGENCE OR EVEN IF ATTAIN OR AN AUTHORIZED ATTAIN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ATTAIN’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE.
8. General
8.1 Third parties
Attain or its partners may present promotional materials through the Services. Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third parties and Your participation is subject to the terms and conditions associated with that promotion. You agree that Attain is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials via the Services.
8.2 Governing Law and Dispute Resolution
This Agreement will be governed by the laws of the State of Illinois. The exclusive jurisdiction for any claim, action or dispute between you and Attain will be in the state and federal courts located in Cook County, Illinois.
8.3 Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
9. Modification
We may modify these Terms at any time, and the updated version will be posted on our website with a “Last Updated” date. Continued use of the Services after changes constitutes acceptance of the new Terms.
10. Customer Support
Should you have any questions concerning these Terms or need technical support, you may contact Attain support by emailing support@attainoutcomes.com.
