Updated: 7/1/2016

Thank you for using AllCounted!

This Terms of Use contains the terms under which AllCounted provides our services to you and describes how these services may be accessed and used.

If these Terms of Use are unacceptable to you, or if you decide for any reason that you don't want to give AllCounted the permissions specified in this document, you have the ability to reject these Terms of Use. Agreement to this Terms of Use in full is required to use the offered products and services so not agreeing to these Terms limits your ability to take advantage of all of AllCounted's offerings. Please note that if you do not accept this Terms of Use in full, you are prohibited from using AllCounted.

You indicate your agreement to these terms by registering an account at AllCounted.com or by using AllCounted's services. Periodically our Terms of Use will update, so it's important you check back to this page often. We may send an email to the primary email address you stored with us whenever our Terms of Use updates.

If you will be using our services on behalf of an organization and select 'Organization' as your account type when registering an account, you indicate your agreement to these terms on behalf of the organization and represent that you have the authority to do so.

We are willing to provide our services to prospective users that agree to this agreement in full and sign as such.

In the course of using our services, you accept that you may submit content to AllCounted (including your personal data and the personal data of others). You also accept that third parties may submit content to you through our services. We know that by giving us your content, you are trusting us to treat it appropriately. AllCounted's Privacy Policy (http://www.allcounted.com/privacy), together with any service-specific data and use policies, privacy statements notices, detail how we treat your surveys, responses, and personal data and we agree to adhere to those privacy policies. By consenting to this Terms of Use, you in turn agree that AllCounted may use and share your content in accordance with our privacy policies.

Remember, we won't sell your information to third parties.

Your Commitment

We have done our best to keep AllCounted safe, but we cannot guarantee it. We need your help to keep us safe, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on AllCounted.
  2. You will not collect users' content or information, or otherwise access AllCounted using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on AllCounted.
  4. You will not falsely represent, through your account name, screen name, or your activity on AllCounted, the organization for which you don't have the authority to represent.
  5. You will not upload viruses or other malicious code.
  6. You will not solicit login information or access an account belonging to someone else.
  7. You will not bully, intimidate, or harass any user.
  8. You will not post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  9. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  10. You will not use AllCounted to do anything unlawful, misleading, malicious, or discriminatory.
  11. You will not do anything that could disable, overburden, or impair the proper working or appearance of AllCounted, such as a denial of service attack or interference with page rendering or other AllCounted functionality.
  12. You will not facilitate or encourage any violations of this Terms of Use or our policies.

Using AllCounted's services indicate that you agree to these commitments. Violation of any of these will subject your account or your data to suspension or deletion with or without advance notices.

You Retain Ownership of Your Content

You retain ownership of your intellectual property rights in your surveys and the responses you collected through your surveys. AllCounted does not claim ownership over any of your survey and response data. Remember, we are only a tool that helps our users gain, share, and analyze data easily. These terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the services, and as otherwise described in these terms.

Please note that you do not have any ownership of the software, interface design, system design and database design that AllCounted produced and you fully agree to this.

Copyright Claims (DMCA Notices)

AllCounted, Inc. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement on AllCounted, you may notify AllCounted (support@allcounted.com) for claims of copyright infringement.

Other IP Claims

AllCounted respects the intellectual property rights of others, and we expect our users to do the same. If you believe an AllCounted user is infringing upon your intellectual property rights, you are recommended to report it by contacting us at support@allcounted.com. Claims of copyright infringement should follow the DMCA process outlined in this document or any equivalent process available under local law.

Citation of Surveys

You have permission to cite surveys and results created on AllCounted in other places without prior permission. However, you are required to credit the creator (if shown in the survey) of the survey you cite and AllCounted as the source of the information by explicitly citing the creator of the survey you use, the web link of the survey, and AllCounted.com.

User Content

We display content that is not owned by AllCounted. Such content is the sole responsibility of the entity that makes it available. You are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that content in connection with the services. AllCounted is not responsible for any actions you take with respect to your content, including sharing it publicly. Please do not use content from a third-party's services unless you have first obtained the permission of its owner, are the owner, or are otherwise authorized by law to do so.

Content Review

You acknowledge that, in order to ensure compliance with legal obligations, AllCounted may be required to review certain content submitted to the services to determine whether it is illegal or whether it violates these terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these terms. However, AllCounted otherwise has no obligation to monitor or review any content submitted to the services.

Third Party Resources

AllCounted may publish links in its services to websites maintained by third parties. AllCounted does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the services are the property of their respective owners.

Keep Your Password Secure

If you have created an account at AllCounted, you are responsible for safeguarding your password and any other credentials used to access your account. You, and not AllCounted, are responsible for any activity occurring in your account (other than activity that AllCounted is directly responsible for which is not performed in accordance with the customer's instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify AllCounted immediately. Accounts may not be shared and may only be used by one individual per account.

Keep Your Details Accurate

AllCounted occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.

Remember to Backup

You are responsible for maintaining, protecting, and making backups of your content. To the extent permitted by applicable law, AllCounted will not be liable for any failure to store, or for loss or corruption of, your content. Take advantage of the features we provide to export your data.

Legal Status

If you are an individual, you may only use the services if you have the power to form a contract with AllCounted. None of our services are intended for use by individuals under 13 years old. If you are under 13 years old or do not have the power to form a contract with AllCounted, you may not use the services we offer. We recommend that parents and guardians directly supervise any use of the services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to the terms in this document.

Legal Compliance

You must use our services in compliance with, and only as permitted by, applicable law. You agree that you will be the only party responsible for your violation of laws and damages such violation may cause. You further agree that you will not involve AllCounted for your violation of laws in any courts.

Your Responsibilities

You are responsible for your conduct, content, and communications with others while using our services. You must comply with the following requirements when using the services:

  1. You may not misuse our services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
  2. You may not circumvent or attempt to circumvent any limitations that AllCounted imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).
  3. Unless authorized by AllCounted in writing, you may not probe, scan, or test the vulnerability of any AllCounted system or network.
  4. Unless permitted by applicable law, you may not deny others access to or reverse engineer our services or attempt to do so.
  5. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the services.
  6. You may not intentionally create surveys that target people under the age of 13 or send any surveys to people under the age of 13.
  7. You may not engage in abusive or excessive usage of our services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the services for other users. AllCounted may endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to AllCounted.
  8. You may not use the services to infringe the intellectual property rights of others, or to commit an unlawful activity.
  9. Unless authorized by AllCounted in writing, you may not sell or lease the services.
  10. If your use of the services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless AllCounted has agreed with you otherwise. You may not use our services in a way that would subject AllCounted to those industry-specific regulations without obtaining AllCounted's prior written agreement.

Using AllCounted's services indicate that you agree to these responsibilities. Violation of any of these will subject your account or your data to suspension or deletion with or without advance notices.

By AllCounted

AllCounted may limit, suspend, or stop providing the services to you if you fail to comply with these terms, or if you use the services in a way that causes legal liability to us or disrupts others' use of the services. AllCounted may also suspend providing services to you if we are investigating suspected misconduct by you. If we suspend or terminate the services you receive, we may give you advance notice and an opportunity to export a copy of your content from our services. However, AllCounted may decide to take immediate action without notice to you. AllCounted has no obligation to retain your content upon termination of our services to you.

Further Measures

If AllCounted stops providing the services to you because you repeatedly or egregiously breach the terms in this document, AllCounted may take measures to prevent the further use of the services by you, including disabling your account or deleting your account, including all your surveys and results. Please note that if you falsely represent, through your account name, screen name, or your activity on AllCounted, the organization for which you don't have the authority to represent, your account name will be changed to whatever we assign to you without any advance notice, or your account will be deleted (including all your data) without any advance notice.

Changes to Terms

AllCounted may change this Terms of Use at any time for a variety of reasons, including to reflect changes in applicable law or updates to services, and to account for new services or functionality. Any changes will be posted to the location at which those terms appear. AllCounted may also provide notification of changes via email. We will try to make sure our users are aware. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require AllCounted to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms of a particular service, you should stop using that service, because by continuing to use the service you indicate your agreement to be bound by the updated terms.

Changes to Services

AllCounted constantly changes and improves the services offered. AllCounted may add, alter, or remove functionality from a service at any time without prior notice. AllCounted may also limit, suspend, or discontinue a service at its discretion. If AllCounted discontinues a service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your content from that service. AllCounted may remove content from the services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practical under the circumstances.

Data Loss or Breach

Though we have done our best to keep our website safe, we cannot guarantee anything. There is always a possibility of data loss or breach caused by hardware or software failures or malicious human attack. In case of data loss or breach, we will assess the severity based on specific situations. We may remove some of your data or we may use a backup copy of our database to recover our system. In either case, we will notify you through the primary email address you stored with us. The recovery may cause loss of your data that was created after the backup was created or may make the data show up again that was deleted after the backup was made. In this situation, you will be responsible to review your account to add or remove certain data. We are sorry for any inconvenience that may be caused to you due to our system recovery. In case of data breach or loss, you agree that you will not sue AllCounted in any courts for any damages.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of our website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither AllCounted nor any person associated with AllCounted makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither AllCounted nor anyone associated with AllCounted represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

AllCounted hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable.

Exclusion of Certain Liability

In no event will AllCounted, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Businesses

If you are a business, you will indemnify and hold harmless AllCounted and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim regarding or in connection with your use of the services or a breach of these terms, to the extent that such liabilities, damages and costs were caused by you.

Who You Are Contracting with

Unless otherwise specified in relation to a particular service, the services are provided by and you are contracting with AllCounted, Inc.

AllCounted, Inc.

For any service provided by AllCounted, Inc., the following three provisions will apply to any terms governing that service:

Contracting Entity

References to "AllCounted", "we", "us", and "our" are references to AllCounted, Inc., located at 155 Gibbs St. Suite 403, Rockville, MD 20852, United States of America.

Governing Law

Those terms are governed by the laws of the State of Delaware (without regard to its conflict of law provisions).

Jurisdiction

Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Sussex County, Delaware, and the federal courts located in Delaware with respect to the subject matter of those terms.

Assignment

You may not assign these terms without AllCounted's prior written consent, which may be withheld in AllCounted's sole discretion. AllCounted may assign these terms at any time without notice to you.

Entire Agreement

These terms constitute the entire agreement between you and AllCounted, and they supersede any other prior agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the services, do not override or form a part of these terms, and are void.

Independent Contractors

The relationship between you and AllCounted is that of independent contractors, and not legal partners, employees, or agents of each other.

Interpretation

The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to limit what else might be included.

No Waiver

A party's failure or delay to enforce a provision under these terms is not a waiver of its right to do so later.

Precedence

To the extent any conflict exists, future additional terms, when announced by AllCounted, Inc., will prevail over this Terms of Use with respect to the services to which the additional terms apply.

Severability

If any provision of these terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

Third Party Beneficiaries

There are no third party beneficiaries to these terms. Check with each specific third party to read about how their terms may differ from ours.

Language

These terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.