Terms & Conditions

COUNTABOUT.COM AND RELATED SERVICES (COLLECTIVELY, THE “SITE”) ARE PROVIDED SUBJECT TO THESE TERMS OF USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THE SITE WILL INDICATE YOUR TERMS OF USE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT AND CEASE USE OF THE SITE.

THESE TERMS OF USE CONSTITUTE THE ENTIRE TERMS OF USE BETWEEN COMPANY AND YOU PERTAINING TO THE SUBJECT MATTER HEREOF. IN ITS SOLE DISCRETION, COMPANY MAY FROM TIME-TO-TIME REVISE THESE TERMS OF USE BY UPDATING THIS POSTING. YOU SHOULD, THEREFORE, PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS OF USE SO YOU ARE AWARE OF ANY SUCH REVISIONS TO WHICH YOU ARE BOUND.

1. Acceptance

THIS WEBSITE TERMS OF USE (“TERMS OF USE”) IS A LEGALLY BINDING TERMS OF USE BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, VISITOR, OR AGGREGATOR) (“YOU” AND “YOUR”) AND COUNTABOUT CORPORATION (“COUNTABOUT”). BY USING THE SITE, YOU AGREE THAT YOU UNDERSTAND THE TERMS OF USE, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SITE.

2. Privacy Policy

Information that you provide or that CountAbout collects about you and your organization, in connection with your access to and use of the Site, is subject to CountAbout’s Privacy Policy, the terms of which are hereby incorporated into these Terms of Use by reference. The Privacy Policy explains how CountAbout works with your personal information. CountAbout may update the Privacy Policy at its discretion. Your use of the Site signifies your continuing consent to CountAbout’s Privacy Policy.

3. CountAbout.com Account Eligibility

Use of CountAbout.com and registration to be a Member of CountAbout.com (“Membership”) is void where prohibited. In order to use the Site’s services and social features, you must create a CountAbout.com Account (an “Account”). In order to create an Account and in consideration for the use of the Site, you must:

Provide CountAbout.com with a valid email address and create a valid password for Account access;
Be at least thirteen years of age, or have the consent of a parent/guardian to use the Site.

Your account may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age and do not have the consent of a parent/guardian. We reserve the right, at our sole discretion, to reject any application for an Account at any time.

By using CountAbout.com, you represent and warrant that:

All your registration information is truthful and accurate;
Your mandatory Account information (name and email) is up to date;
You are the customer who registered for the services;
You are using the services only for permitted purposes;
Your use of CountAbout.com does not violate any applicable law;
Comply with all other Account holder obligations set forth in these Terms of Use

4. Password and Account Security

You are entirely responsible for maintaining the confidentiality of your Account password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third-party. You agree to notify CountAbout.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Duration

These Terms of Use, and any posted revision to these Terms of Use, shall remain in full force and effect while you use the Site or are a Member. You may terminate your Membership at any time, for any reason, by deactivating your account on the Site. We may terminate your Membership at any time, for any or no reason, without prior notice or explanation, and without liability. Furthermore, CountAbout reserves the right, at its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “Messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of CountAbout.com at any time, for any or no reason, without prior notice or explanation, and without liability. In addition, CountAbout expressly reserves the right to remove your account and/or deny, restrict, suspend, or terminate your access to all or any part of CountAbout.com if we determine, at our sole discretion, that you have violated these Terms of Use or pose a threat to CountAbout, its employees, business partners, Users and/or the public. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials. Even after Membership is terminated, these Terms of Use will remain in effect.

6. Ownership of the Site; Restrictions on Use

All pages within the Site and materials made available for download are the property of CountAbout. The Site is protected by United States and international copyright, trademark, and patent laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, video, location data, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by CountAbout, including the provision of services or products to CountAbout, or in connection with a business relationship with CountAbout. You may not frame, utilize framing techniques to enclose, or deep link to, any name, trademark, logo, Content, or other proprietary information (including images, text, page layout, or form) of CountAbout without CountAbout’s express written consent.

CountAbout hereby grants you a non-exclusive, non-transferable license to use the Site solely for your personal, non-commercial use (except with regard to your use of inherent functionality provided through the Site). As a condition of your use of the Site, you warrant to CountAbout that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials.

You may not use automated systems (e.g., robots, spiders, etc.) to access or “harvest” information from the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site.

Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by CountAbout and its affiliates.

7. Confidential Information

You acknowledge that the Site and Content include information which is confidential and proprietary to CountAbout (“Confidential Information”). Confidential Information includes Content or information marked as “Confidential” or with a similar label, as well as any other Content or other information which you know, or reasonably should know, is confidential or proprietary to CountAbout. If you are not sure whether Content is Confidential Information, contact an authorized CountAbout employee for clarification and do not disclose such Content to any third party until you receive such clarification. You agree to keep all such Confidential Information strictly confidential and to not disclose any such Confidential Information to any third party without the advance written consent of CountAbout. You agree to treat all Confidential Information with the same care and caution as you would treat your own Confidential Information.

8. Accuracy and Integrity of Information

Although CountAbout attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform CountAbout so that it can be corrected. Any information, Content, service, function, or feature contained on the Site may be discontinued, changed, or updated at any time with or without notice. Additionally, CountAbout shall have no responsibility or liability for information or Content posted to the Site from any third party.

9. Access to Site

In the event access to the Site or a portion thereof requires a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as on file with CountAbout. You agree to protect the confidentiality of your user ID and password, not to share or disclose your user ID or password to any third party, and to promptly notify CountAbout in the event you become aware your user ID or password may have been disclosed to an unauthorized third party or otherwise compromised. Your access to the Site may be revoked by CountAbout at any time with or without cause. You agree to defend, indemnify, and hold CountAbout harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by CountAbout arising out of your use or access of the Site, or any breach of these Terms of Use.

10. Fees and Subscriptions

You agree that CountAbout reserves the right to charge fees and/or subscription costs for access to and use of the Site. Further, CountAbout reserves the right to change its fees at its sole discretion. If we terminate your Membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any). CountAbout may use a third-party payment service to handle transactions with you. The third party’s privacy policy and terms of service will apply to elements of these transactions that take place within their website.

11. CountAbout does not provide Financial Planning, Brokering, Legal, or Tax Advice

CountAbout is not a financial planner, broker, legal advisor, or tax advisor. Neither CountAbout nor this Site’s services are intended to provide any financial planning, legal, or tax advice. CountAbout and the Site’s services are only intended to assist you in managing your personal finances.

12. CountAbout is not liable for your financial decisions

You acknowledge and agree that financial decisions entail risk, and that any financial decisions that you make are beyond the scope of the services that CountAbout and the Site provide. You agree not to hold CountAbout liable for any loss or damage that may occur because of your financial decisions. Additionally, you agree not to hold CountAbout liable for any loss or damage that may occur because of your use of third-party services, including but not limited to services provided by any financial institutions that you use.

13. Submissions / Uploads to the Site

If you submit, upload, post, or transmit any information or Content to the Site (“Submissions”), you agree not to submit, upload, post, or transmit (a) anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior; (b) anything that violates the intellectual property rights of any person or entity; or (c) a virus or any other harmful component.

CountAbout and its affiliates shall have the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote Submissions in any way and in any commercial or non-commercial medium or form without charge. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption, or interruption. You agree to defend, indemnify, and hold CountAbout harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by CountAbout arising out of any Submissions you submit, upload, post, transmit, or allow to be posted to the Site.

Please note that personal information as defined by the Privacy Policy is still protected by the terms of the Privacy Policy. This section does not alter or supersede the terms of the Privacy Policy.

14. Activities Prohibited

The following are examples of the kind of activity (Prohibited Activity) that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity to law enforcement authorities. Prohibited Activity includes, but is not limited to:

criminal or tortious activity including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Site. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, the Site reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period. If you breach these Terms of Use and send or cause to be sent (directly or indirectly) unsolicited bulk messages or other unauthorized commercial communications of any kind through the Site, you acknowledge that you will have caused substantial harm to The Site, and that the amount of such harm would be extremely difficult to ascertain. You further agree to pay the Site $10 for each actual or intended recipient as a reasonable estimate of the value of the harm caused;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Site other than your Content which you legally post on or in connection with the Site;
providing or using “tracking” or monitoring functionality in connection with the Site including identifying other Users’ views, actions or other activities;
covering or obscuring the banner advertisements and/or safety features any the Site page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected with the Site;
impersonating or attempting to impersonate the Site or a Site employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses of or associated with any of the foregoing);
using the account, username, or password of another Member at any time or disclosing your password to any third-party or permitting any third-party to access your account;
using or distributing any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by us, or sending messages with a commercial purpose;
relaying email from a third-party’s mail servers without the permission of that third-party;
using invalid or forged headers to disguise the origin of any Content transmitted to or through our computer systems, or otherwise misrepresenting yourself or the source of any Message or Content;
using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Site for the purposes of sending unsolicited or unauthorized material;
engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated in any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
using the Site in a manner inconsistent with any and all applicable law.

15. No Duty to Monitor

You agree that CountAbout is not liable for Content that is provided by others. CountAbout has no duty to screen or monitor Content that you or other users may submit, upload, post, transmit, or allow to be posted, but CountAbout does have the right to refuse to post or edit submitted Content. CountAbout reserves the right to remove any Content for any reason at any time.

16. Infringement Notices

As provided in the Digital Millennium Copyright Act (DMCA), CountAbout has designated the following individual for notification of potential copyright infringement regarding the Site:

CountAbout Corporation
c/o Copyright Notice
1360 Regent St., Suite 154
Madison, WI 53715
(608) 313-5629
support@countabout.com

If you believe any content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

a physical or electronic signature of the copyright owner or authorized agent;
identification of the copyrighted work(s) claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information regarding how CountAbout may contact you (e.g., mailing address, telephone number, e-mail address);
a statement that the copyright owner or its authorized agent has 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
a statement that the information in the notification is accurate and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

17. Disclaimer of Warranties

COUNTABOUT DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE/NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND HYPERLINKED WEBSITES. COMPANY DOES NOT WARRANT THAT CONTENT OR INFORMATION CONTAINED WITHIN THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.

18. Limitation of Liability Regarding Use of Site

COUNTABOUT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OWNERS, AFFILIATES, VENDORS, LICENSORS, DEALERS, AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

19. Links to Other Sites

CountAbout makes no representations whatsoever about any other website that you may access through the Site. When you access a non-CountAbout website, please understand that it is independent from CountAbout, and that CountAbout has no control over the content on that website. In addition, a hyperlink to a non-CountAbout website does not mean that CountAbout endorses or accepts any responsibility for the content or the use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of viruses, worms, Trojan horses, and other destructive programming. If you decide to use or access any of the third party websites linked to the Site, you do this entirely at your own risk.

20. Age of Users

Children under the age of thirteen (13) may not use the Site, unless a parent or legal guardian agrees to these Terms of Use on behalf of a child under the age of thirteen (13). If Company becomes aware that a child under the age of thirteen (13) has provided or attempted to provide Company with personal information without the consent of a parent or legal guardian, Company will use its best efforts to remove the information permanently from its files.

If you are under the age of eighteen (18) but at least thirteen (13) years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of thirteen (13) and eighteen (18), be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.

21. Electronic Delivery Statement and Your Consent

You agree that CountAbout may provide to you notices and other information concerning CountAbout or the Site electronically, including notice to any e-mail address that you may provide.

22. International Use

CountAbout makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. If you choose to access the Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

23. Indemnity

You agree to indemnify and hold CountAbout.com, its parents, subsidiaries, affiliates, subcontractors and other partners, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth in these Terms of Use and/or any Content that you post on or in connection with CountAbout.com. CountAbout reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice. In the event that any of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Site. CountAbout’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. You agree to pay and be responsible for all sales taxes, use taxes, value added taxes, and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of Content or the Site. In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Wisconsin in accordance with Wisconsin law. Any cause of action brought by you against Company or Company’s affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you, or such other address as you may advise us in writing to use, from time to time.

24. General

Your use of the Site constitutes your acceptance of these Terms of Use and your acceptance is further affirmed if and when you become a Member. Your agreement with the Site will always include these Terms of Use at a minimum. Your access and use of certain portions of the Site may require you to accept terms and conditions in addition to those in these Terms of Use applicable to those portions of the website and may require you to download Software or Content.

The failure of CountAbout to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

To contact us with any questions or concerns about these Terms of Use, please contact The Site at support@countabout.com.

I HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THESE TERMS OF USE AND/OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.