1. Scope of Service.
2. Account Creation.
Certain of our Services may be reserved for registered users, for which we will ask you to complete a registration form and provide a user name or email and create a password (“Login Credentials”). You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on the Website.
As a registered user of CounterTack, you agree to receive emails and newsletters from us regarding our Services and regarding matters of interest to our users generally. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
3. Your Right to Use our Website.
Our Website and related services and newsletters, and all information, text, images, audio, video, data, links, software, or other material on our Website or provided to you through our Website (“CounterTack Content”) is the property of CounterTack or its licensors. CounterTack Content is protected by copyright, trademark, patent, trade secret and other rights of CounterTack and its licensors, and, as between you and CounterTack, CounterTack retains all rights in the CounterTack Content and the Website.
The CounterTack Content may contain typographical errors, other inadvertent errors, or inaccuracies. CounterTack reserves the right to make changes to document names and content, descriptions or specification, or other information, without obligation to issue any notice of such changes.
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of CounterTack and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) CounterTack may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for CounterTack to review your unsolicited ideas; and (5) CounterTack has no obligation to keep any unsolicited ideas confidential.
5. No Unlawful or Prohibited Use.
As a condition of your access to or use of the Website, you represent and warrant to CounterTack that you will not use the Website for any purpose that is unlawful, misleading, malicious, or discriminatory, or prohibited by these terms, conditions, or notices. You will not solicit login information or access an account belonging to someone else. You will not access the Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
6. Links or References to Third Party Sites or Products.
Our Website may provide you with the ability to link to external sites, or download content from third party sites, from time to time. Such external links on our Website will lead to other websites, including advertised products or content sold or otherwise made available by outside vendors and companies. We provide any such links as a convenience to you. We are not liable for the content, goods, services, advertising, or other materials found on any external websites. Although we may display ads and may have an affiliate referral relationship with third parties, we do not own or control outside companies selling products accessed through our Website, and are not responsible or liable for their company policies or the quality of their merchandise or services. Before buying anything, users are advised to carefully investigate the individual company policies of all online purchases that they intend to make. Any logo of an third party used on the Website is a trademark of such third party or its affiliates.
In no event shall any reference to any third party or third party product, content or service be construed as an approval or endorsement by CounterTack of that third party or of any product, content or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Website as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website.
7. Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any CounterTack Content or any Products or Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Website, Products or Services. USE OF THE WEBSITE, PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE WEBSITE, THE COUNTERTACK CONTENT, COUNTERTACK PRODUCTS, AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES, WHICH ARE NOT VERIFIED BY COUNTERTACK, AND THAT ANY RESUME OR OTHER CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR COUNTERTACK PRODUCTS IS AT YOUR SOLE RISK AND DISCRETION.
ANY PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE IS SUBJECT TO THE SEPARATE TERMS AND CONDITIONS OF SALE THAT MAY BE PROVIDED BY COUNTERTACK IN CONNECTION WITH SUCH PRODUCTS OR SERVICES.
8. Limitation of Liability.
IN NO EVENT SHALL COUNTERTACK BE LIABLE TO ANY USER OF OUR WEBSITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
COUNTERTACK’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT, CUMULATIVELY BETWEEN YOU AND COUNTERTACK, SHALL NOT EXCEED $1.00.
CLAIMS BROUGHT BY YOU OR COUNTERTACK MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By using our Website, you agree to indemnify, hold harmless and defend CounterTack from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Website or any of your users use of the Website.
10. Jurisdictional Issues.
CounterTack makes no representations that information on our Website is appropriate or available for use outside the United States. If you choose to access our Website from outside the United States, you do so on your own initiative and at your own risk and you agree and acknowledge that you are responsible for complying with all applicable United States laws as well as your local laws and regulations.
11. General Legal Terms; Waiver of Class Actions.
Copyright © 2015, CounterTack, Inc. All Rights Reserved.
Version: August 17, 2015