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Last Updated: May 29, 2008

Welcome to the User Agreement for Count On Us Corporation. This agreement describes the terms on which you may access and use our services. In order to become a Count On Us user, you must read and accept all of the terms and conditions of this agreement. In the event of any inconsistency between the Count On Us Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Count On Us service indicates your acceptance of the amended User Agreement.

Membership Eligibility
The Count On Us Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Count On Us for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Count On Us account to another party. If you do not qualify, you may not use the Count On Us Service.

Use of Service
Your use of the Count On Us Service is governed by this User Agreement. Count On Us may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Count On Us of any unauthorized use of your password or account or any other breach of security. Count On Us cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination
You agree that Count On Us may, with or without cause, immediately terminate your Count On Us account and access to the Count On Us Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Count On Us of a user’s use of the Count On Us Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Count On Us account includes removal of access to all offerings within the Count On Us Service and may also bar you from further use of the Count On Us Service. Furthermore, you agree that all terminations shall be made in Count On Us’s sole discretion and that Count On Us shall not be liable to you nor any third-party for any termination of your account or access to the Count On Us Service.

User Conduct
You understand and agree not to use Count On Us to:

  • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • Use the Count On Us Service for any illegal purpose, including but not limited to conspiring to violate laws.
  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
  • Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using Count On Us invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Count On Us to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Count On Us Service.
  • Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
  • Interfere with or disrupt the Count On Us Service or servers or networks connected to the Count On Us Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Count On Us Service.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website
In the course of using the Count On Us Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Count On Us website or otherwise providing materials to Count On Us, you are granting to Count On Us Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Count On Us service. Furthermore, you understand that Count On Us retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Count On Us Service is the sole responsibility of the person from which such content originated and that Count On Us will not be liable for any errors or omissions in any content. You understand that Count On Us cannot guarantee the identity of any other users with whom you may interact in the course of using the Count On Us Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Count On Us website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Count On Us Communications
In the course of providing you services, Count On Us may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Count On Us Service, including a series of up to five welcome emails which help inform new users about various features of the Count On Us Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Count On Us Service.

Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Count On Us Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees
Signing up for a basic Count On Us account is free. Certain other services are provided for free only to beta users. Count On Us reserves the right to charge for the Count On Us Service or any portion thereof, modify the pricing of, add to, or discontinue the Count On Us Service or any portion thereof without prior notice.

Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Count On Us Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Count On Us Service; ii) unauthorized access to or alteration of your communications with or through the Count On Us Service, or iii) any other matter relating to the Count On Us Service. Any business transactions which may arise between users from their use of Count On Us are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Count On Us may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Count On Us, its users, and the public.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE Count On Us SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT Count On Us DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. Count On Us ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. Count On Us EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Count On Us MAKES NO WARRANTY THAT (i) THE Count On Us SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE Count On Us SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Count On Us SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Count On Us SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Count On Us SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Count On Us OR THROUGH OR FROM THE Count On Us SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

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.

Entire Agreement
The User Agreement constitutes the entire agreement between you and Count On Us and governs your use of the Count On Us Service, superseding any prior agreements between you and Count On Us.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Count On Us SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Count On Us HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL Count On Us’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law
The User Agreement between you and Count On Us Corporation will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

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