Welcome to the corporate website of WhatCounts, Inc. These Terms and Conditions of Use (“Terms”) apply to visitors to http://www.whatcounts.com. Use of this Site is governed by these Terms, which apply to all visits to the Site, now and in the future.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, which may, at any time, be revised and updated. You are therefore encouraged to periodically visit this page to review the most current Terms, to which you agree to be bound. The information and materials provided on the Site may be used for informational purposes only. By using, accessing or downloading materials from the Site you agree to follow these Terms. If you do not agree to these Terms, do not use the Site.
The information and materials on this Site may be used only for personal, non-commercial purposes. No other use of the information or materials is authorized, unless in connection with the support of a WhatCounts product or service. As a condition of use, you must retain all copyright and other proprietary notices, without alteration, as set forth in the original materials or any copies thereof. Any violation of the foregoing may result in civil and/or criminal liabilities.
Ownership of Information and Materials
We own the rights in the content of our Site. This includes names, brands, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, copyright and other elements constituting the Sites (collectively “Content”). Content is protected by copyrights and other intellectual property rights owned and controlled by us, by our affiliates, or our third party licensors. Except as specifically provided herein or elsewhere on the Site, any unauthorized use of the Content or any other information and materials (including but not limited to white papers, press releases, data sheets, product descriptions and FAQ’s) found on this Site may violate copyright, trademark, and other laws. All such information and materials are the copyrighted works of WhatCounts. The use of any software downloaded from this Site is governed by and subject to the terms of the Software License Agreement accompanying or provided with the software. Any rights not expressly granted herein are reserved.
Links to Other Web sites
We endeavor to post on the Site only information that is correct, but you should understand that the Site is free of charge. Accordingly, even if anything on the Site is incorrect, incomplete or misleading (even if as a result of our negligence) we will not be responsible for any loss that may result. This includes any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on our Site.
We are not liable for failure to comply with these Terms due to any event beyond our reasonable control.
IMPORTANT: WE ARE NOT ALLOWED TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED AND WE DO NOT DO SO.
We strive to provide you with useful, accurate, and timely information on this Site. Although WhatCounts makes no commitment to update the information or materials on this Site (which may be out of date), WhatCounts does attempt to provide visitors with accurate information and materials. WhatCounts may change the content of any information or materials available at this Site, or to the products described in them, at any time without notice; WhatCounts therefore assumes no responsibility for the accuracy and completeness of any information or materials found on this site.
You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms because they will be binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site. Information and opinions expressed in bulletin boards or other forums, if any, are not necessarily those of WhatCounts. Neither WhatCounts, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss or damage (including without limitation actual, consequential, or punitive), liability, claim or other injury or cause related to or resulting from any information posted on WhatCounts’s Site. WhatCounts reserves the right to revise these Terms at any time. ALL INFORMATION AND MATERIALS AVAILABLE AT THIS SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WHATCOUNTS DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THOSE RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM STATUTE, A COURSE OF DEALING, USAGE OR TRADE PRACTICE.. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations, and the WhatCounts Acceptable Use Policy (“AUP”).
WhatCounts accepts no obligation to monitor the use of the Site. However we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms or of applicable law or regulation, or the WhatCounts AUP. WhatCounts will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
Termination of Use
WhatCounts may, in its sole discretion, terminate or suspend your access to all or part of the WhatCounts Sites, including, but not limited to any bulletin boards thereon, for any reason, including without limitation, breach of these Terms. The restrictions herein regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities shall survive any such termination.
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and WhatCounts, Inc. concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties.
If any provision of these Terms is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from and the remaining provisions shall remain in force.
This contains the entire agreement between you and WhatCounts concerning your use of the Sites, and may not be modified, except in a writing signed by both parties.
We may delay enforcing our rights under these Terms without losing them.
No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
If you have questions regarding these Terms, please email: firstname.lastname@example.org.
These Terms were last updated on March 31, 2011.
Copyright (c) 2012 WhatCounts, Inc. WHATCOUNTS and the WHATCOUNTS logo are registered trademarks in the United States, other countries or both. All Rights Reserved.
All other trademarks, brands, and names are the property of their respective owners.