For your information
TERMS OF USE
PREAMBLE
:
This site is operated by COUNTERSCORE.COM All
Throughout the site, the terms “we”, “us” and “our” refer to COUNTERSCORE.COM
and COUNTERSCORE. COUNTERSCORE.COM offers this site, including all
information, tools and services available on this site to you,
the user, subject to your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site and/or purchasing
something from us, you engage in our "Service" and
agree to be bound by the following terms and conditions ("Terms
of Use", "Terms of Use"), including these terms and
additional terms and policies referenced herein and/or available through
hyperlink. These Terms of Use apply to all users of the
site, including, without limitation, users who are browsers,
suppliers, customers, merchants and/or contributors of
content.
Please read these terms carefully
of use before accessing or using our website. By accessing or using
using any part of the site, you agree to be bound by these
Terms of Use. If you do not agree to all of the terms and conditions
of this Agreement, you may not access the Site or use any Services. If
These Terms of Use are considered an offer, acceptance
is expressly limited to these Terms of Use.
Any new features or
Tools added to the current store are also subject to the terms
of Use. You can review the most recent version of the Terms
use at any time on this page. We reserve the right to
update, modify or replace any part of these Terms
of use by posting updates and/or changes to our
website. It is your responsibility to check this page periodically
for changes. Your continued use of or access to the Website
after the posting of any changes constitutes acceptance of such changes.
changes.
Our store is hosted on Shopify Inc. They
provide us with the online e-commerce platform that
allows us to sell our products and services to you.
SECTION 1 -
ONLINE STORE TERMS
By accepting these Terms of Use, you
represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state or
province of residence and that you have given us your consent to
allow any of your minor dependents to use this Site.
You may not use our products for
illegal or unauthorized purposes and you may not, in using the
Service, violate any laws in your jurisdiction (including but not limited to
limit, copyright laws).
You must not transmit any worms, viruses
or code of a destructive nature.
A breach or violation of any of the
Conditions will result in immediate termination of your Services.
SECTION 2 -
GENERAL CONDITIONS
We reserve the right to refuse the
service to anyone for any reason at any time.
You understand that your content (excluding
credit card information), may be transferred in clear text and involve
transmissions over different networks; and modifications to
conform and adapt to the technical requirements of network connection or
of devices. Credit card information is always encrypted during
of transfer on networks.
You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of the Service, use of the
Service or access to the Service or any contact on the Website through which the
service is provided, without our express written permission.
The headings used in this Agreement are included
for convenience only and will not limit or otherwise affect those
terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the
information made available on this site is not accurate, complete or
up to date. The content of this site is provided for general information purposes
only and should not be used as the sole basis for taking
decisions without consulting primary, more accurate sources of information,
more complete or more timely. Any confidence in the content of this site
is at your own risk.
This site may contain certain information
historical. Historical information, necessarily, is not up to date and
is provided for reference purposes only. We reserve the right to change
the content of this site at any time, but we have no obligation to
update information on our site. You agree that it is
your responsibility to monitor changes to our site.
SECTION 4 -
CHANGES TO SERVICE AND PRICES
Prices of our products are subject to change.
without notice.
We reserve the right at any time to
modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We will not be liable to you or
to a third party for any modification, price change, suspension or
interruption of the Service.
SECTION 5 -
PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be
available exclusively online through the Website. These products or services
may have limited quantities and cannot be returned or exchanged
as per our return policy.
We have done our best to display
as faithfully as possible the colors and images of our products which
appear in the store. We cannot guarantee that the display of
any color on your computer screen will be accurate.
We reserve the right, but are not
required to limit the sales of our products or services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis
case. We reserve the right to limit quantities of any products
or services we offer. All descriptions of products or prices
Products are subject to change at any time without notice, at the sole
discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is
void where prohibited.
We do not guarantee the quality of any
product, service, information or other material purchased or obtained by you
meets your expectations, or that any errors in the Service are corrected.
SECTION 6 -
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any
order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the
same customer account, same credit card and/or orders that use
the same billing and/or shipping address. In the event that we
modify or cancel an order, we may attempt to notify you by
contacting the email address and/or billing address/number
phone number provided at the time of ordering. We reserve the right to
limit or prohibit orders that, in our sole discretion, appear
be placed by dealers, resellers or distributors.
You agree to provide purchase information
and account information for all purchases made
in our store. You agree to promptly update your account and
other information, including your email address and card numbers
credit card details and expiration dates, so that we can process your
transactions and contact you if necessary.
For more details, please see our
return policy.
SECTION 7 -
OPTIONAL TOOLS
We can provide you with access to tools
third parties over which we do not monitor and have no control or input.
You acknowledge and agree that we
provide access to these tools “as is” and “as available” without
no warranties, representations or conditions of any kind and
without any approval. We disclaim any liability arising from or
related to your use of optional third-party tools.
Any use by you of optional tools
offered on the site is entirely at your own risk and you must
ensure that you are aware of and agree to the terms and conditions on which the
tools are provided by the relevant third party vendor(s).
We may also, in the future, offer
new services and/or features through the Website (including the
release of new tools and resources). These new features and
/ or services will also be subject to these Terms of Use.
SECTION 8 -
THIRD PARTY LINKS
Certain content, products and services
available through our Service may include materials from third-parties.
Third-party links on this site may
direct to third-party websites that are not affiliated with us. We do not
are not responsible for examining or evaluating the content or
accuracy and we do not guarantee or assume any liability
for third party materials or websites, or for any other materials, products
or third party service.
We are not responsible for any damages or
damages related to the purchase or use of goods, services, resources,
content or any other transactions made in connection with websites of
third parties. Please review third party policies and practices carefully
and make sure you understand them before you commit to a transaction.
Complaints, claims, concerns or questions regarding the
Third party products should be addressed to the third party.
SECTION 9 -
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain
specific submissions (e.g. contest entries) or without
a request from us, you send creative ideas, suggestions,
proposals, plans or other documents, whether online, by email,
by post or otherwise (collectively, "comments"), you agree that
we may, at any time, without restriction, edit, copy, publish,
distribute, translate and use in any medium the comments you
transmit to us. We are and will have no obligation to maintain
confidential comments; to pay compensation for the
comments; or to respond to comments.
We may, but have no obligation to
monitor, edit or remove content as we determine in our sole discretion
discretion is unlawful, offensive, threatening, defamatory, pornographic,
obscene or otherwise objectionable or violates the intellectual property of any
part or these Terms of Use.
You agree that your comments do not violate
no third party rights, including copyright, trademarks,
confidentiality, personality or any other personal or exclusive right.
You further agree that your comments will not contain any material
defamatory or illegal, abusive or obscene, or contain viruses
computer or other malware that could affect the
operation of the Service or any related website. You may not
using a fake email address, pretending to be someone other than
yourself, or mislead us or third parties as to the origin of the
comments. You are solely responsible for any comments you make and for
their accuracy. We take no responsibility and assume no liability
liability for any comments posted by you or any third party.
SECTION 10 -
PERSONAL INFORMATION
Your submission of personal information
in the store is governed by our Privacy Policy.
SECTION 11 -
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be
information on our site or in the Service that contains errors
typographical errors, inaccuracies or omissions that may relate to the
product descriptions, prices, promotions, offers, shipping costs, delivery times
delivery and availability. We reserve the right to correct any
error, inaccuracy or omission, to modify or update any
information or cancel orders if any information from the Service or
any related website are inaccurate at any time without notice (including
after sending your order).
We assume no obligation to update
update, modify or clarify information in the Service or on any
related website, including, without limitation, pricing information,
except as required by law. No update or refresh date specified
in the Service or on any related website should not be taken to indicate that
all information on the Service or any related website has been
modified or updated.
SECTION 12 -
PROHIBITED USES
In addition to other prohibitions set forth in
the Terms of Use, you are prohibited from using the Site or its
content: for illegal purposes; to solicit others to perform
or participate in any unlawful acts; to violate any regulations, rules, laws or
international, federal, provincial or state local ordinances;
infringe or violate our intellectual property rights or the rights of
intellectual property of others; harass, abuse, insult, harm, defame,
slander, denigrate, intimidate or discriminate based on gender, sexual orientation
sexual, religion, ethnicity, race, age, origin
national or disability; submit false or misleading information;
to upload or transmit viruses or any other type of code
malicious that will or may be used in any way that
will affect the functionality or operation of the Service or any website
related, other websites or the Internet; collect or track information
other people's personal information; for spam, phish, pharm, pretext, spider, crawl,
or scrape; for any obscene or immoral purpose; or interfere with or circumvent
the security features of the Service or any related website, other sites
Web or Internet. We reserve the right to terminate your
use of the Service or any related website for violation of any of the
prohibited uses.
SECTION 13 -
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of
our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results
that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may
remove the service for indefinite periods or cancel the service at
any time, without notice.
You expressly agree that your use
or your inability to use the service is at your own risk. The
service and all products and services provided to you through the service
are (except as expressly stated by us) provided “as is” and “as available”.
available” for your use, without any representation, warranties or
conditions of any kind, express or implied, including all
implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title and
non-infringement.
In no event shall CounterScore, our directors,
officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors may not
be held liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, damages
indirect damages of any kind, including, without limitation, loss of income,
loss of revenue, loss of data, replacement costs or any
other similar damage, whether contractual, tortious (including negligence),
strict liability or otherwise your use of the service or products
purchased using the Service, or for any other claims related to
in any way to your use of the Service or any Product, including,
but without limitation, any error or omission in any content, or any
loss or damage of any kind arising out of the use of the
service or any content (or product) posted, transmitted or otherwise made available
available through the Service, even if informed of their possibility. Because
Some states or jurisdictions do not allow the exclusion or limitation of
liability for indirect or incidental damages, in these states or
jurisdictions, our liability will be limited to the fullest extent permitted
by law.
SECTION 14 -
COMPENSATION
You agree to indemnify, defend and hold CounterScore.com harmless
and our parents, subsidiaries, partners, officers, directors, agents,
subcontractors, service providers, subcontractors, suppliers,
interns and employees harmless from any claim or demand, including
reasonable attorneys' fees made by a third party due to or in
reason for your violation of these Terms of Use or the
documents they incorporate by reference, or your violation of any law
or the rights of a third party.
SECTION 15 -
DIVISIBILITY
In the event that any provision of these Terms
of use is found to be unlawful, void or unenforceable, that provision will be
nevertheless enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion will be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability
of the other remaining provisions.
SECTION 16 -
TERMINATION
Obligations and responsibilities of the parties
incurred prior to the termination date shall survive termination of this
agreement for all purposes.
These Terms of Use are effective as of
unless and until terminated by either you or us. You may terminate these
Terms of Use at any time by notifying us that you no longer wish to
no longer use our Services, or when you stop using our site.
If, in our sole discretion, you fail or
we suspect that you have failed, you may terminate this Agreement
at any time without notice and you will remain liable for all amounts
due. Up to and including the termination date; and/or, accordingly, you
deny access to our Services (or any part thereof).
SECTION 17 -
THE WHOLE AGREEMENT
Our failure to exercise or do
enforce any right or provision of these Terms of Use
does not constitute a waiver of that right or provision.
These Terms of Use and the
rules or operating rules published by us on or relating to this Site
the Service constitute the entire agreement and understanding between
you and us and govern your use of the Service, superseding any agreements,
previous or contemporary communication and proposal, oral or written, between
you and us (including, but not limited to, any prior versions of the
Terms of Use).
Any ambiguity in the interpretation of these
Terms of Use shall not be construed against the party
write.
SECTION 18 -
APPLICABLE LAW
These Terms of Use and any
separate agreement by which we provide Services to you will be governed by and
interpreted in accordance with the laws.
SECTION 19 -
MODIFICATION OF TERMS OF SERVICE
You can consult the most recent version
of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion,
discretion, to update, modify or replace any part of the
these Terms of Use by posting updates and
changes to our website. It is your responsibility to review
periodically check our website for changes. Your use
continue or access our website or the Service after the posting of any
Changes to these Terms of Use constitute acceptance of
these changes.
SECTION 20 -
CONTACT DETAILS
Questions about the conditions
of use must be sent to us at contact.counterscore@gmail.com