All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Countsy or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Countsy and its licensors. You agree that you will not officially attribute any information to Countsy or its licensors in any public medium (e.g., press release, Websites) for advertising or promotional purposes and that you will not imply any endorsement by Countsy or its licensors.
3. Use of Site Content
Countsy hereby grants you a limited, non-exclusive, non-transferable license to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise display, reproduce, duplicate, modify, copy, sell, resell, exploit in any manner, distribute, transmit, post, or disclose the Site Content in any manner contrary to law. As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful.
4. User Postings
You acknowledge and agree that Countsy shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site (including data, images, text and other things embodied therein) in postings, survey responses, and otherwise, and you hereby waive any claims against Countsy for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Countsy's use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) could reasonably be viewed as malicious, obscene, threatening, that disparage customers, colleagues or suppliers, or that may constitute harassment or bullying (examples of such conduct might include those meant to intentionally harm reputation or that could constitute or contribute to a hostile work environment on the basis of sex, disability, religion or any other status protected by law); (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false, fradulent, deceptive or misleading statements under applicable law. Countsy does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Countsy reserves the right to refuse to post, and the right to remove, any information, in whole or in part, which may violate these Terms or applicable law.
5. Notices of Infringement and Takedown by Countsy
Countsy prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Countsy at the website or address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Countsy will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. Sec. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Countsy's contact for submission of notices under this Section 5 is: Legal Department, Countsy, 444 Castro, Suite 1110, Mountain View, California 94041.
6. Third-Party Websites
7. Disclaimers and Limitation on Liability
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT Countsy IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Countsy AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. Countsy SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON THIRD PARTY/LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. Countsy NEITHER WARRANTS THAT THE USE OF THE SITE WILL BE UNINTERRUPED OR ERROR-FREE, NOR THAT ANY ERRORS WILL BE CORRECTED. NEITHER Countsy NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
If any provision of these Terms is found to be unenforceable or invalid under applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remainder of the provisions of these Terms.
9. Governing Law; Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California without reference to the principles of conflicts of laws thereof.
You agree to indemnify, defend, and hold harmless, Countsy and its respective officers, directors, employees, agents, suppliers and licensors from and against any and all losses, expenses, claims, damages, costs and expenses, including attorneys’ fees, resulting from any violation of these Terms, your use of the Site, or other violation of law.