Updated: 7/1/2016

This document (Terms of Use) contains the terms under which we (AllCounted, Inc.) provide services to you and describes how these services may be accessed and used.

If any part of this document is unacceptable to you, or if you decide for any reason that you don't want to give us the permissions specified in this document, you have the ability to reject this document and leave this website. A full agreement to this Terms of Use is required to use the services offered in this website. Please note that if you do not accept this document in full, you are prohibited from using this website.

You indicate your agreement to these terms by registering an account at our website or by using our services. Periodically this document will update, so it's important that 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.

In the course of using our services, you accept that you may submit content to us (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. Our privacy policy (http://www.allcounted.com/privacy), together with any service-specific data and use policies, details how we treat your surveys, responses, and personal data. By consenting to this document, you in turn agree that we may use your content in accordance with our privacy policy.

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

Your Commitment

We have done our best to keep our website a proper environment for everybody, but we cannot guarantee it. We need your help, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) at our website.
  2. You will not collect users' information, or otherwise access our website 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, at our website.
  4. You will not falsely represent, through your display name or your activity at our website, the organization for which you don't have the authority to represent.
  5. You will not upload or transmit any viruses or other malicious code or links to such software into our website or through our services.
  6. You will not access a user account belonging to someone else without prior permission from its owner.
  7. You will not use our services to ask for passwords of any system from survey participants.
  8. You will not make your survey searchable at our website if it collects sensitive business data or personal information such as names, phone numbers, email addresses, and home addresses. You agree to be solely responsible for any damage to anybody or any related law suit if you violate this term.
  9. You will make your survey searchable if your survey is created only for the purpose of testing to see how our website works. If we find out your testing survey is searchable on our website, we will make it non-searchable without changing anything else. We will not notify you of the change.
  10. We are dedicated to supporting free surveys that genuinely seek opinions or feedback from people. You will not routinely use our website as a data collection tool for activities such as job reports, registration, quizzes, testing, or training that have nothing to do with opinions or feedback. Creating new accounts for the same activities is considered as routine use. You agree that we are the only party that can decide whether a violation has happened. Non-profit educational institutions are exempted from this requirement.
  11. You will not post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  12. You will not create or send any survey containing alcohol-related, dating or other mature content (including advertisements) without appropriate measures to prevent access to your survey from the people to whom such content is prohibited according to laws in related jurisdiction.
  13. You will not intentionally create surveys that target people under the age of 13 or send any surveys to people under the age of 13.
  14. You will not use our services to create or send any survey whose main purpose is to ask people to conduct activities at another website.
  15. You will not circumvent or attempt to circumvent any limitations that our system imposes on your account (such as by opening up a new account to conduct a survey that we have disabled for a violation of the terms in this document).
  16. You will 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.
  17. Unless authorized by us in writing, you will not probe, scan, or test the vulnerability of our system or network.
  18. Unless permitted by applicable law, you will not deny others access to or reverse engineer our services or attempt to do so.
  19. Unless authorized by us in writing, you will not sell or lease our services.
  20. You will not use our services to infringe the intellectual property rights of others, or to commit an unlawful activity.
  21. If your use of our services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless we have agreed with you otherwise. You will not use our services in a way that would subject us to those industry-specific regulations without obtaining our prior written agreement.
  22. You will 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.
  23. You will not do anything that could disable, overburden, or impair the proper working or appearance of our website, such as a denial of service attack or interference with page rendering or other functionalities.
  24. You will not bully, intimidate, or harass any user.
  25. You will not use our services to do anything unlawful, misleading, malicious, or discriminatory.
  26. You will not facilitate or encourage any violations of this document or our privacy policy.

Using our services indicate that you agree to all these commitments. Violation of any of these will subject your account or content such as surveys to suspension or deletion with or without prior notices.

Note that to use our services, you agree that we have the authority to disable or remove your account or content such as surveys and responses for any reason with or without prior notices and that such action is not in conflict with other clauses in this document. If you don't agree to this, please do not use our services and leave this website.

Ownership of Your Content

You retain ownership of your intellectual property rights in your surveys and the responses you collected through your surveys. We do not claim ownership over any of your survey and response data. Note that we are only a tool that helps our users collect, 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 promote and provide the services, and as otherwise described in these terms.

If your survey has ended and is findable through search on our website, then we may feature it on the homepage if we think that it contains helpful information for the public or demonstrates proper use of our services. We may or may not notify you of such use of your survey. We will find an appropriate picture for the survey and we are legally responsible for the use of the picture. If your survey is featured and you want it to be removed, please contact us and we will remove it as quickly as possible.

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

Copyright Claims (DMCA Notices)

We respond 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 at our website, you may notify us for claims of copyright infringement.

Other IP Claims

We respect the intellectual property rights of others, and we expect our users to do the same. If you believe a user at our website is infringing upon your intellectual property rights, you are recommended to report it by contacting us. 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 at our website 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 owned by our users. Such content is the sole responsibility of the user who creates it. You must ensure that you have all the rights and permissions used to create your content. 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. The content you create must comply with this document and our privacy policy. You agree that you are fully responsible for the content you create, including any legal matters due to your content. We are not responsible for any actions you take with respect to your content, including sharing it publicly.

Note that to use our services, you agree that we have the authority to make your searchable survey non-searchable for any reasons, including poorly designed survey, no or few responses, and displaying private personal information of survey participants,

Content Review

We have no obligation to monitor or review any user-created content. However, you acknowledge that, in order to ensure compliance with this document, we may review user-created content to determine whether it violates these terms. We may also modify, prevent access to, delete, or refuse to display user-created content that we believe violates these terms.

Third Party Resources

In our website, we may display the links to the websites maintained by third parties. We do 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 related services are the property of their respective owners.

Your Account

If you have created an account at our website, you are responsible for safeguarding your password and any other credentials used to access your account. You, and not us, are responsible for any activity occurring in your account (other than activity that we are directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify us immediately.

We occasionally send notices to the primary email address registered with your account. It is your responsibility to keep it current and accurate.

Remember to Backup

You are responsible for maintaining, protecting, and routinely making backups of your content. We will not be liable for any failure to store, or for loss or corruption of, your content. To back up your content, you can take advantage of the various export features we provide.

Legal Status

If you are an individual, you may only use our services if you have the power to form a contract with us. 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 us, 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 represent an organization, you are required to have the authority to represent it. You warrant that it is 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.

Use of Our Email Service

We would like to stress the proper use of its email service by users like you. If you use our email service to invite people to take your survey, you are prohibited from sending the same survey (the same list of questions) to the same email address more than twice . If you violate this requirement, your account will be subject to being disabled without any prior notice, and you will lose all your data, including your survey and responses.

Suspension or Termination of Our Services to You

We may limit, suspend, or terminate our services to you if you fail to comply with these terms. We may also suspend the services to you if we are investigating suspected violation of the terms 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 surveys and their responses from our services. However, we may decide to take immediate action without any notice to you. We have no obligation to retain your account, surveys, responses, and other data upon termination of our services to you.

Changes to Terms

We may change this document at any time for a variety of reasons such as reflecting changes in applicable law, updates to services, or new services or functionality. Any changes will be posted on this page. We may also provide notification of changes via email. Changes will be effective no sooner than the day they are publicly posted. If you do not 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

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

Data Loss or Breach

As a survey creator, you are responsible for routinely backing up your data through various export features we offer. You may lose your data because we disable or delete your account due to your violation of any requirements set in this document. You could also lose your data because of hardware or software failures in our system or malicious human attack on it.

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. When this happens, 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 may 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 before the backup was made. In this situation, you will be responsible to review your account and take appropriate actions. We are sorry for any inconvenience that may be caused to you due to our system recovery. You agree that in case of data breach or loss you will not sue AllCounted in any courts for any damages. If you don't agree to this, please don't use our services to create any data.

Disclaimers

You understand that we cannot and do not guarantee or warrant that data 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 data 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 services or data obtained through the website is at your own risk. The website, its services or data 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 we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the website, its services or data obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the website or any services or data obtained through the website will otherwise meet your needs or expectations.

We 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 law.

Exclusion of Certain Liability

In no event will we, our affiliates or 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, our website, any websites linked to it, any content on the website or such other websites or any services or data 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 our 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 at AllCounted.com., 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 414 Hungerford Drive, Suite 212, Rockville, Maryland, USA.

Governing Law

These 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 our prior written consent, which may be withheld in our sole discretion. We may assign these terms at any time without notice to you.

Entire Agreement

These terms constitute the entire agreement between you and us, 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 us 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 us, will prevail over this document 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.

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