Updated at: 2024-04-18.
The following terms govern all usage of the coounter.com website and all content, services, and products available at or through the website, including, but not limited to, website analysis services, conversion services, and customer engagement automation services (collectively, "Services"). The term "you" refers to anyone who uses or accesses the Services, including all subsidiaries, branches, and employees. The Services are owned and operated by coounter.com (also referred to as "we", "our", or "us"). Please read these Terms of Use carefully before accessing or using the Services.
By using or accessing the Services, you agree to be bound by these Terms of Use and all terms, policies, and guidelines incorporated by reference, including but not limited to coounter.com's privacy policy (collectively, "the Agreement"). By using or accessing the Services, you affirm that you are at least 13 years old. This Agreement is legally binding and conditions your use of the Services. If you do not agree with all the terms of this Agreement, you must cease using the Services.
To register for the Services and create an account, you must complete the registration process by providing coounter.com with requested information, including your name, email address, telephone number, company name, and company website. You agree to provide complete and accurate information during registration and to keep this information up-to-date.
You are responsible for safeguarding your username and password and for all activities that occur under your account, including activities initiated by third parties, whether or not authorized by you. If you allow a third party to access the Services on your behalf, you must ensure they adhere to this Agreement. You agree to immediately notify coounter.com of any unauthorized use of your account or any other breach of security related to your account or the Services.
coounter.com may access your account or information associated with your account for support purposes, security reasons, or other business needs. You acknowledge and agree to such access.
Subject to the terms of this Agreement, coounter.com grants you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to (a) incorporate the provided coounter.com code (along with any updates and upgrades, "coounter.com script") into the HTML of a web page(s) properly registered for the Services and owned or managed by you, solely for the purpose of accessing and providing information to the Services and accessing information available from the Services about such web page(s); and (b) remotely access the Services to view and download your reports stored on the coounter.com website.
Except as expressly stated here, you have no right to use, reproduce, modify, or create derivative works from the coounter.com script, nor to transfer, lease, loan, sublicense, use for time-sharing or service bureau purposes, resell, or otherwise distribute or allow third-party access to the coounter.com script or the Services.
In your relationship with coounter.com, you retain ownership over all information, data, and statistics that coounter.com collects from your website as raw data and log files generated by or provided to the Services.
You grant coounter.com a royalty-free, non-exclusive, irrevocable right and license to access the registered web page(s) and to access and log (a) any information regarding the actions, entries, or activities of users on your web page(s), (b) any information sent to you by web browsers of users about the activities of users on the internet immediately before visiting your web page(s) (e.g., URL information and HTTP header information), and/or (c) any data or other information you provide to coounter.com (collectively "Client Data") for the purposes of providing reports and other features related to the Services, analyzing and improving the Services, and/or collecting aggregated data obtained from your use of the Services to compile statistical data, metrics, insights, and general data about trends in the Services, among other things, for marketing and promotional purposes of coounter.com. This information will be presented only in aggregated form and we will not share specific site data that identifies you or your visitors without your permission.
You declare and warrant that you have all the rights, licenses, and consents necessary to license the Client Data to coounter.com under these terms, and further declare and warrant that this license does not infringe the rights of any third party and does not violate applicable laws or regulations.
By posting any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files, forum messages, reviews, comments, or other materials ("Materials") on the coounter.com blog, you grant coounter.com an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform, publicly display, or create derivative works from all or any part of the Materials. Furthermore, you represent and warrant that you own all rights in the Material and that this license does not infringe the rights of any third party or violate any applicable laws or regulations.
The privacy policy of coounter.com is incorporated into this Agreement by reference and is available at coounter.com/pages/privacy-policy.
coounter.com may store "cookies" on the computers of those visiting your website ("Visitors"). These cookies contain values that allow coounter.com to determine whether the Visitor is returning or visiting for the first time, when the Visitor last visited the web page(s), and if conducting A/B testing, in which test group the Visitor is. Unless you instruct us otherwise, such as by linking the Visitor's identity, these cookies do not store any personal information related to the Visitor.
By using the coounter.com script, which involves the use of such "cookies," you declare and warrant that: (a) you will comply with all applicable laws related to placing such "cookies" on Visitors' computers, including the European Parliament Directive 2009/136/EC ("Cookie Directive") when applicable; (b) you have published (or will publish) a privacy policy on each website where you use the Services, which clearly and prominently discloses the use of such "cookies"; and (c) you have obtained all necessary consents and permissions from the Visitors to your website regarding the use of such "cookies."
The Services allow you to link anonymous data about the activities and actions of your visitors on your web page(s) with personal information that you have collected about the visitor. You are fully responsible for the consequences of using, disclosing, or transmitting such data about the Visitors, including Personal Information.
You declare and warrant that:
Your account on coounter.com is secured with a username and password, and you should only access your account or authorize third parties to do so on your behalf. You must take steps to protect against unauthorized access to or use of your username and password. Also, remember to log out when using any shared computer or device.
coounter.com has implemented reasonable security mechanisms to protect your information and client data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Examples of these security mechanisms include limited and password-protected access, high-level public/private keys, encryption of processed data, and SSL encryption to protect data transmission.
However, please note that no security system is infallible. It is possible for third parties to intercept or access client data, the information you provide to coounter.com, the information we collect on your behalf, and/or the information we collect about you. coounter.com cannot guarantee the security of such information and is not responsible for unauthorized access to your account or client data.
coounter.com will not knowingly allow access to the statistical information we collect about you or disclose it to any third party except as expressly intended to generate reports that have been requested, authorized, or approved by you, or unless acting in good faith that such action is necessary to:
coounter.com reserves the right to aggregate certain client data categories (such as internet browser usage and screen resolution) across some or all websites that use the Services, for purposes outlined in Section 3.2 ("License for Client Data").
You are not permitted to use the Services in connection with any website or portion of a website that is designated or described as a "children's" website or that is aimed at individuals under the age of 13, or any website or portion of a website that you know is primarily used by individuals under the age of 13.
Any opinions expressed by contributors, authors, and moderators who post content on the Website are the personal opinions of the authors, whether or not the authors are employees or contractors of coounter.com. The Website and all materials published and/or distributed on or through the Website (including but not limited to news articles, photographs, images, illustrations, audio clips, and video clips) are provided for informational and entertainment purposes only and are not intended to be an endorsement or representation by coounter.com or any other party.
You acknowledge that any material you post, upload, or submit to the coounter.com blog may be edited, removed, deleted, modified, published, transmitted, and displayed by coounter.com at its discretion and without your permission, and you waive any rights you may have to have the material modified or altered in a manner not agreeable to you. You expressly agree that we may remove, disable, or restrict access to or the availability of any Material from the coounter.com blog at any time, for any reason or no reason. Nevertheless, coounter.com is not responsible for monitoring or editing any Materials and cannot ensure the removal of inappropriate or unlawful Materials. Under no circumstances will we be liable for removing, disabling, or restricting access to or the availability of Materials or for failing to do so.
Except for the limited licenses expressly granted herein, coounter.com expressly reserves all rights, ownership, and interest in and to the coounter.com script, the content of the coounter.com Website, aggregated data, and general trend reports as well as all processing, analysis, and other software and technology used by coounter.com in analyzing your website and/or providing the Services ("coounter.com Technology and Service"), including, without limitation, all derivatives, improvements, enhancements, or extensions of the coounter.com Technology and Service conceived, implemented, or developed from time to time by or on behalf of coounter.com, which are valuable assets of coounter.com, and any copyrights, patents, or trademarks or other intellectual property rights, or federal or state law rights, relating thereto.
You must not:
Effective Date of these Terms of Use:
These Terms of Use are effective as of the date specified at the top of this document.