According to the following Terms of Service (as amended from time to time, the "Terms and Conditions"), NetworkCount offers its services to you through its website, located at https://networkcounts.com/ (the "Site"), as well as through its mobile applications and related services (collectively, these services, including any new features and applications, and the Site, the "Services").
Parts of these Terms of Service may be changed or modified at any time, at our sole discretion. If we do this, we'll put the updates on this page and let you know when these terms were last modified at the top of the page. Additionally, we will let you know via the user interface for the Services, an email message, or another practical method. Except for changes addressing new Services functions or changes made for legal reasons, these changes will take effect for existing users of the Services no earlier than fourteen days after they are posted. For new users who sign up for the Services, any changes will take effect right away.The amended Terms of Service are accepted by you if you continue to use the Service after the date on which any such changes take effect.
Please read these Terms of Service carefully, as they contain an Agreement to Arbitrate and other important information regarding your legal rights, Remedies, and Obligations. The Agreement to Arbitrate requires you to submit claims you have against us to binding and final arbitration. In addition, you will only be allowed to pursue claims against NetworkCount on an individual basis, not as a PLAINTIFF or CLASS MEMBER in any class or representative action or proceeding. You will only be able to seek relief (including monetary, indemnity, and decolonial relief) on an individual basis. Additionally, you may not be able to have any claims you have AGAINST US resolved by a jury or in a court of law.
In addition, when you use certain services, you may be subject to additional terms and conditions that may be published on the Service at any time, including, but not limited to, the Privacy Policy found at: https://networkcounts.com/privacy-policy.html
These Services are software programs that can be accessed via the internet and mobile devices to share, update, store, access and otherwise use your personal contact information and that of others within your network.
Your registration with NetworkCount is necessary for accessing and using the Service. By registering with NetworkCount, you consent to providing and maintaining accurate, up-to-date and full information about yourself, as required by the Service’s registration form. Your registration data and some additional information about you may be subject to our Privacy policy. If you are under the age of 13, you do not have access to the Service. Under 18, you may only use the Service with the permission of your parent(s) or guardian.
By using your account, you accept responsibility for any actions or omissions made by any users accessing the Services. You agree to notify NetworkCount as soon as you become aware of a breach of security.
You are responsible for acquiring and managing any equipment and services required to connect to, use, access or otherwise utilize the Service. You are responsible for making sure that those equipment and services are interoperable with the Service and, as far as possible, the Software (defined below), and that they meet all configurations and specifications specified in NetworkCount’s published policies at that time.
This includes (i) uploading content to the Service through your mobile device; (ii) browsing the Service and Site from your mobile device; and (iii) accessing certain features through an app downloaded and installed on your mobile device (commonly referred to as ‘Mobile Services’). As long as you access the Service via your mobile device, you are subject to your wireless service carrier’s standard fees, data rates, and other fees. Additionally, your carrier may prohibit or restrict the downloading, installation, or use of certain Mobile Services, and some Mobile Services may not work on all carriers or devices.
By using the Service, you agree with NetworkCount that we reserve the right to change or suspend the Service, or any part thereof, at any time, with or without prior notice, and that we will not hold you or any third party responsible for any changes, suspensions or discontinuances.
By using the Service, you agree to the following: · The maximum amount of time that the Service will retain data or any other content and the maximum amount of storage space that the Service will allocate on your behalf on NetworkCount’s servers. You agree to the fact that NetworkCount is not responsible or liable for the deletion of, or failure to retain, any data, or any other content that the Service maintains or uploads. Termination of accounts that have been inactive for a prolonged period of time is at the sole discretion of NetworkCount and may be revoked at any time at its sole notice.
All Content uploaded, posted, published, displayed, transmitted or otherwise used via the Service is the sole responsibility of the subscriber. By uploading, posting, publishing, displaying, transmitting or otherwise using the Service (collectively referred to as “Content”), you agree to comply with NetworkCount’s Acceptable Use Policy (“AAP”). By accessing the Service, you agree to use it in accordance with the applicable NetworkCount Terms of Use (“Terms and Conditions”). If, in the sole discretion of NetworkCount, you violate this provision, we reserve the right to pursue legal action against you, including, without limitation, suspension or termination of your account, and to report you to law enforcement authorities.
To the extent that the Service (or any portion thereof) is made available free of charge, you will need to choose a monthly or annual payment plan and to provide NetworkCount with information about your credit card (or other payment instrument). By providing NetworkCount with this information, you represent and warrant that the information is accurate and that you have authorization to use that payment instrument. You will update your account details promptly with any changes that may occur (e.g., change of billing address, expiration date of credit card). By providing this information, you accept that NetworkCount will pay you the amount specified in your payment plan (or other payment plan) according to the terms of that plan (or any other payment plan) and in accordance with these Terms of Service (or any other applicable payment plan). You agree that NetworkCount will bill you for your payment instrument on a regular basis (annually or monthly) under the terms of your applicable payment plan, up to the date of termination of your account. In addition, you agree that you will pay any charges incurred by NetworkCount.
You acknowledge and agree that (a) NetworkCount (or our payment processor) is authorized to charge you on a recurring basis (e.g., monthly or yearly) for as long as your subscription to the service continues; and (b) your subscription will continue until you cancel it or we suspend or cease providing access to the services. You may cancel your subscription at any time by e-mailing us at info@networkcounts.com or via the interface of the Services; Provided, any such cancellation or reduction in the number of seats will be effective at the end of your current annual or monthly billing period; and any cancellation or reduction of the number of seats shall not result in any refund of prepaid FEES.
If you dispute any fees, you must inform NetworkCount in writing no later than 60 days after the date on which you are charged by NetworkCount. We reserve the right to revise NetworkCount’s prices. If NetworkCount does revise its prices, it will notify you via the Service or in an email to you at the option of NetworkCount, no later than 30 days prior to the date on which the revision is to become effective. Your continued use of the service after the price revision becomes effective constitutes your consent to pay the revised amount. NetworkCount may invoice you, in which case you must receive full payment for any invoice issued in a given month at least 30 days after the date of the mailing of the invoice or the Services may terminate. Unpaid invoices shall be subject to 1.5% of the outstanding balance each month (or the maximum permitted under applicable law, whichever is less) plus all costs of collection. You shall be liable for all taxes relating to the Services other than those applicable under U.S. tax laws. NetworkCount’s net income shall be used as a basis for determining the amount of tax liability.
If you have signed up for the Service as a member of your employer's NetworkCount business account, then you agree that your access to and use of the Service is governed by the terms and conditions of a separate contract with NetworkCount on behalf of your employer. Your employer reserves the right to terminate your access at any time.
The Software available in the Service, as well as the transmission of relevant data (if any), is subject to US export controls. You may not download or use any Software from the Service, or otherwise export or re-export it in violation of US export laws. Your only risk is that you download or use the Software. You acknowledge that the Internet is a global network, and you agree to abide by all local laws and regulations concerning your use of this Service, including regarding online conduct and permissible content.
unless explicitly prohibited by the Terms of Use or in the Terms of Use of this Service, you shall refrain from displaying, distributing, licensing, performing, publishing, reproducing, duplicating, duplicating, creating derivative works derived from, altering, selling, reselling, exploiting, transferring or transmitting for any commercial purpose, any part of this Service, any use of this Service, or any access to this Service.
NetworkCount provides Software applications that can be accessed through Apple App Store (App Store), Android Marketplace (Android Marketplace) and other distribution channels. If you purchase Software through a distribution channel, additional terms and conditions may apply to that distribution channel. These Terms are exclusive to NetworkCount and do not apply to the distribution channel. By using any third party products or services provided by NetworkCount, you acknowledge and agree to all applicable terms and conditions of any third party agreement for those products or services.
In connection with Software made available to you in connection with Apple-branded products (i.e., Apple-enabled Software), except as otherwise specified in the terms and conditions of this Agreement, the following Terms of Service apply: NetworkCount You agree that this Agreement is between you and NetworkCount, and not Apple Inc. Apple-enabled Software and Apple-enabled content are solely the responsibility of NetworkCount.
You are prohibited from using the Apple-enabled Software in any way that is contrary to or does not comply with the Usage Rules for Apple-enabled Software set forth in the Terms of Use of the App Store, or that is otherwise in violation of the Terms of Service of the App Store. You are limited to a Non-transferable License to use Apple-enabled Software on an Apple iOS Product that is owned or controlled by you. Apple shall not be required to provide Apple-enabled Software maintenance or support services.
Apple shall not be liable for any product warranty, express or implied, whether legal or otherwise. In the event that Apple-Enabled Software does not meet or exceed any applicable warranty requirements, you may contact Apple, and Apple shall refund the purchase price to you, if applicable. Apple shall not, to the extent permitted under applicable law, have any other warranty obligation with respect to Apple-Enabled Software; or any other claim, loss, liability, damage, cost or expense attributable to any non-compliance with any warranty, which shall be the sole responsibility of NetworkCount, to the extent that it cannot be repudiated under applicable law.
By agreeing to this Agreement, NetworkCount and you agree that NetworkCount (not Apple) is responsible for responding to any claims made by you or by any third party regarding the Apple-enabled Software or your use of it, including product liability claims, (ii) claims that Apple-enabled Software does not meet any legal or regulatory requirements, or (iii) consumer protection and similar claims. If a third party claims that you or your end-user’s use of Apple-enabled Software infringes the intellectual property rights of that third party, in the event of an intellectual property dispute between the parties, NetworkCount(not Apple) will be exclusively responsible for investigating, defending, settling and discharging the intellectual property claim(s) made by the third party(s). You agree that you do not represent and warrant the following: You do not reside in a country subject to a United States Government embargo or designated as a “terrorist supporting” country by the United States Government; You are not included on the United States Government’s list of prohibited and restricted parties.
However, if you have any queries, complaints or allegations regarding the Apple-enabled Software, please direct them to NetworkCount follows: info@networkcounts.com
By using the Service, you agree that it may contain Content or features protected by Copyright, Patent, Trademarks, Trade Secrets or any other proprietary right and/or law. You agree not to alter, duplicate, frame or scrape the Service or any of the Service Content. You do not permit NetworkCount to modify, borrow, borrow, rent, borrow, sell, sell, borrow, borrow or use the Service Content to create derivative works, wholly or in part. The foregoing shall not apply to any of your User Content (defined below) uploaded to the Service by you legally. You shall not engage in, or use, any Data Mining, Robots, Scraping or similar data collection or extraction methods while using the Service. If NetworkCount blocks your IP address from access to the Service, you do not agree to take any action to circumvent the blocking (i.e., mask your IP address, proxy IP address, etc.).
The technology and software on which the Service is based, or distributed in connection with the Service, is owned and operated by NetworkCount, its affiliates, and our partners (“Software”) and shall not be used, copied, modified, turned into a derivative work, reverse engineered, reverse assembled, sold, sublicensed, or otherwise transferred without our prior written consent in each case. NetworkCount reserves the right not to license or transfer any rights in the Software unless expressly granted by NetworkCount. The NetworkCount name and logo shown on the Service may be a trademark or service mark of NetworkCount, and any other NetworkCount product or service name and logo used and displayed through the Service may be trademarked or service marked by their respective owners (who may or may not be affiliated with, or connected to, NetworkCount). Any goodwill generated by the use of the NetworkCount trademark shall be in the sole interest of NetworkCount.
Under no circumstances shall NetworkCount be responsible, directly or indirectly, for any third party’s content or materials (including users’ content), including (but not limited to): Errors, omissions, or inaccuracies in any Content; or Any loss or damage caused by or resulting from the use of such Content. You agree that NetworkCount doesn’t pre-screen any content; however, you understand that NetworkCount (and its designees) reserves the right (although not obligated) to reject or remove any content that is made available through the Service. You accept that you are responsible for evaluating and bearing any risks associated with the use of content, including reliance on the completeness or usefulness of any content.
When you send or share content or other materials through the Service (collectively referred to as "User Content"), you are representing and warranting all rights, titles and interests in, and to, such User Content. This includes, but is not limited to, any copyrights and/or publicity rights contained in the content. By sending or sharing any of your User Content through this Service, you grant and authorize NetworkCount (and its affiliated companies) to perform the necessary actions to deliver your User Content to its intended recipients. You agree that your User Content contains no System Data. System Data is owned and operated by NetworkCount and includes aggregated and anonymized user and other information about the Services that can be used to create logs, statistics, reports and other information about performance, availability and security of your Services. Your Contact Information or Personal Data uploaded or received through the Service does not include System Data.
By submitting a question, comment, suggestion, idea, feedback or other piece of information about the Service to NetworkCount, and by making available through the Service User Content in a way that allows others (other than NetworkCount) or members of the public (other than those named or identified by you) to access that User Content (Public User Content), you acknowledge and agree that NetworkCount is entitled to the unlimited use and dissemination of those Submissions (and Public User Content) for any purpose (commercial or non-commercial) without notification or compensation to you.
You agree with NetworkCount that it reserves the right to maintain content and may disclose content if it is required by law or if it has reasonable cause to believe that such disclosure is necessary to: (a) satisfy legal process; (b) to comply with applicable laws or governmental requirements; (c) to comply with requests made pursuant to this Agreement; (d) to respond to requests pursuant to a third-party right-to-exercise; or (e) to protect the Rights, Property, or Personal Safety of NetworkCount and its users, as well as the public at large. You understand that the Technical Processing and Transmission of the Service (including your content) may include:
The Service may, or may be provided by third parties, grant access to, or otherwise permit third parties to access, websites, products, or resources on the internet. Third Party Services are not provided by, or under the control of, NetworkCount. NetworkCount shall not accept or accept any responsibility for, or be held liable for, the use of, or reliance on, third Party Services. By using the Service, you accept that NetworkCount shall not be held liable or liable in any way, shape, or form for any loss, whether direct or indirect, suffered or alleged to have occurred as a result of your use of, or by you relying on, any third party’s content or events, goods, or services. Any dealings between you and any third party found during the use of the Service shall be between you and that third party. You shall waive any right to hold NetworkCount liable for any losses suffered by, or claims against, the third party.
You waive California Civil Code section 1542, which states that a general release “does not extend to claims that the creditor is not aware of or does not suspect to be in the creditor’s best interest at the time of execution of the release, which, if known by the creditor, must have had a significant effect on its settlement with the debtor,” (Section 1542). You waive any similar statute or doctrine if you live in another jurisdiction. You waive all liability, losses, expenses, and attorney’s fees, including reasonable attorneys’ fees, for any claim, action, or action of any kind, arising out of, or relating to, your use of, or connection to, the Service, User Content, your violation of the Terms of Service, or your violation of the rights of another. You waive any obligation to indemnify, indemnify, or hold harmless NetworkCount and its officers, employees, and/or directors and/or agents (collectively known as Indemnitees) (collectively referred to as “Indemnites”).
Your use of the service is at your own risk. The service is provided on an "AS IS" and "AS AVOIDABLE" basis. Network Count expressly and implicitly undertakes not to make any warranty of any kind, expressed, implied, or otherwise, including but not limited to the warranties of merchantability, fitness for purpose, title, and non-infringement. NetworkCount does not make any warranty that (i) the service will meet your requirements, (ii) the service will be uninterruptible, timely, secure, or error-free, (iii) the results you may receive from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other materials purchased or acquired by you through the service will meet or exceed your expectations.
You agree that NetworkCount shall not be held liable for any indirect, intentional, special, foreseeable, or extraordinary damages, or for any loss of profits, including but not limited to, damages for loss of goodwill, use, data, or other irreparable losses (even if notified of the possibility of such damages), regardless of whether they are based on contract, tort, jurisdiction, strict liability, or otherWise, resulting from: (i) the use or inability to use the service; (ii) the cost of subcontract goods and services resulting from any goods, data, information, or services purchased, received, or transmitted through or from the service; (iii) unauthorized access to or alteration of your services or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no case shall NetworkCount's total liability to you for all damages
Please note that some of the above limitations may not apply to you or be enforceable with respect to you and are intended to be as broad as is allowed under the laws of the applicable state. If any person is deemed to be inadmissible under the applicable laws, the invalidity of such person shall not affect the value of the remaining portions of the applicable sections. If you are dissatisfied with any aspect of the service or with any of the terms and conditions of the service, your sole and exclusive right is to discontinue use of the service. Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages.
This Arbitration section of this Terms of Service is referred to as the "Arbitration Agreement." You agree that any dispute or claim that arises or may arise between yourself and NetworkCount, including any alleged breach of the Terms of Service, the Services, any Advertising, any aspect of our relationship, or any transactions between us, will be settled exclusively through final binding arbitration, not a trial by jury, pursuant to the terms of the Arbitration Agreement, with the exception of claims that may be asserted in small claims court if the claims qualify. You agree that by agreeing to this Arbitration Agreement you and NetworkCount each waive the right to participate in a trial by jury and the right to bring a class action. A neutral arbitrator will determine your rights, not a judge and jury. This Arbitration Agreement is governed by the Federal Arbitration Act. This Agreement does not prevent you from bringing matters to the attention of Federal, State, or local agencies. These agencies may, if the law permits, seek relief against you on your behalf.
You and NetworkCount agree that each of you may bring claims against the other only on an individual basis and not as a PLAINTIFF or CLASS MEMBER in any declared class or proceeding. Unless both you and NetworkCount agree otherwise, the arbitrator shall not consolidate or join more than one person's or party's claims and shall not otherwise participate in any form of consolidated, represented, or class proceeding. The arbitrator may award relief (including monetary, injurious, and decolonial relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief required by that party's individual claims, except where you may bring a claim for and the arbitrator may award public injurious relief under applicable law to the extent required for the enforceability of this provision.
NetworkCount always wants to settle disputes amicably and quickly, and most customer issues can be sorted out quickly and with the customer's satisfaction. Email customer support at info.networkcount.com if your efforts don't work. If you want to seek arbitration, you and NetworkCount should first send each other a written notice of dispute. The notice should be sent to NetworkCount at 400 E Red Bridge Road, Suite 312, Kansas City, Missouri 64131 (the "Notice Address"). The notice should include details about the claim or dispute, as well as the specific relief you're seeking. If you and NetworkCount don't resolve the claim within 60 days of receiving the Notice of Dispute, then you or NetworkCount can start arbitration. During the arbitration process, the amount of the settlement offer made by either you or NetworkCount won't be made public until the arbitrator has determined the amount you or NetworkCount are entitled to.
A neutral arbitrator will handle the arbitration in accordance with the rules and procedures of the AAA, as modified by this arbitration agreement. Check out the AAA's website at https://www.adr.org/for more info. If there's a discrepancy between any term in the AAA rules and any term in this agreement, the arbitrator will decide what applies unless they decide that using the inconsistent terms wouldn't be fair. The arbitrator will also follow these Terms of Service like a judge would. All matters are up to the arbitrator, including but not limited to scope, enforceability and arbitrability.
Arbitration is usually easier and faster than trials and other court proceedings, but the arbitrator can give the same amount of damages and relief to you as a court would. Decisions made by the arbitrator can be enforced in court, but only for a limited amount of time. Unless you and NetworkCount agree otherwise, any hearing will be held in a place that's convenient for both of you, taking into account your travel and other factors. If the parties can't agree on a place, AAA will decide. If your claim is over $10k, the AAA Rules will determine who has the right to hear it. No matter how the arbitration is done, the arbitrator will give a written decision that explains the main findings and conclusions that led to the award.
If you can prove to the arbitrator why you can't afford to pay your share of the arbitration fees, or if for any reason the arbitrator decides you shouldn't have to pay your share, NetworkCount will cover your share. If you can prove the costs of arbitration are too expensive to cover compared to litigation, then NetworkCount will cover as much of the arbitration fees as the arbitrator thinks is necessary to keep the arbitration from being too expensive. Payment of attorney's fees will follow the AAA Rules unless otherwise specified in this Agreement.
All the details of the arbitration and any decisions made by the arbitrator will be kept private for everyone's peace of mind.
If a judge or arbitrator rules that any of the terms or provisions in this Arbitration Agreement, except for the one in subsection (b) that says "Prohibition of class and representative actions and non-individualized relief" above, are invalid, the parties will agree to replace them with something that's valid and enforceable that says what the judge or arbitrator wants to say about the invalid term or provision. This Arbitration Agreement will be enforceable as long as those terms and provisions are invalid. If the court or arbitrator decides that all of the terms and provisions in subsection (b), including the one in paragraph 2.1 of the paragraph 2.1 above, that say "Prohibition of classes and representative actions and Non-individualized Relief" are invalid, then this Arbitration Agreement is invalid and void, unless those terms and/or provisions are only valid and enforceable for claims for public injury relief. The other Terms of Service will still apply.
No matter what this Terms of Service says, if NetworkCount changes the Notice Address while you're using the Services, you can reject it by sending a written notice to NetworkCount within 30 days of the change. By denying any future changes, you're agreeing to arbitrate any disputes between us according to the language in this Arbitration Agreement from the date you first accept these Terms of Service or any subsequent changes.
By using the Service, you agree to be subject to the following: Your account (or any portion thereof) and use of the Service may be suspended or terminated by NetworkCount at its sole discretion. Any content within the Service may be removed and/or disposed of by NetworkCount at any time. For any reason, including lack of use or NetworkCount's belief that you have broken or acted in violation of the Terms of Service. If you think you've been involved in fraud, abuse or any other illegal activity, you may be referred to law enforcement authorities. NetworkCount reserves the right to stop providing the Service or any part of it at any time with or without warning. You agree that if you use the Service, you may be immediately deactivated or deleted from your account and any related information and/or files in your account, and/or barred from any further access to the Service. You understand that NetworkCount is not responsible for your termination of access to the Service, and that you are not responsible for any third party's actions.
By using the Service, you agree to take full responsibility for your interactions with other users, and NetworkCount will not be held responsible for your actions. NetworkCount has the right, but not the obligation, to get involved in any disputes between you and other users of the Service.
These Terms of Service are your full agreement with NetworkCount and cover everything you do with the Service. They replace any previous agreements you've made with NetworkCount about the Service. You may also be subject to different terms and conditions when you use third-party services, content, or software. These Terms will be governed by California law, even if it has conflict of laws. For any disputes or claims that aren't subject to arbitration, you agree to have them brought to the personal and sole jurisdiction of the state or federal courts in Santa Clara County. If NetworkCount decides not to enforce or enforce any of these Terms, it doesn't mean you're waiving any of them.If a court finds that any provision of this Terms of Service isn't valid, the parties agree to let the court do its best to make it happen, and the rest of the Terms of Service stays in full effect. By signing this Agreement, you agree that no matter what laws or laws are in place, any claims or causes of action that arise from or related to the use of this Service or the Terms of Service will have to be filed no later than one year after the claim or cause arises, or they'll be permanently barred. A print version of this Agreement and any notices given in an electronic format will be admitted for legal or administrative purposes in the same way and under the same terms as any other business documents or records originally created and maintained in a physical format.You don't have to use this Terms of Service unless you get written permission from NetworkCount, but they can assign, sublicense or transfer any of their rights and obligations based on this Terms of Service. The titles of the sections in this Terms of Service are just for convenience and don't have any legal or contractual meaning. You can be notified of changes to this Terms of Service or any other matters by email or regular mail, and the Service can also notify you of changes to notices or notices of other matters by displaying them or links to them on the Service.