The Fine Print

This is the website of Counterform, LLC.,® (“Counterform,” “we,” or “us”). Please read the following Terms of Use carefully before using our site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Counterform, LLC. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and you agree to be bound by such modifications, alterations or updates.


COPYRIGHTS & OTHER INTELLECTUAL PROPERTY

All materials on this site, including, but not limited to images, illustrations, audio clips, video clips, code, scripts, services, technology, features and ideas, are protected by intellectual property laws and are owned and controlled by Counterform or by other parties that have licensed their material to Counterform. All rights not expressly granted are reserved. Copyright in the compilation of all content on this site is owned by Counterform. Content may also be protected by other intellectual property laws, whether explicitly marked or not. All trademarks used or referred to in this site are the property of their respective owners. Counterform, LLC. and all other trademarks, trade names, brand names and service marks of Counterform, whether registered or unregistered, are the property of Counterform. The use, reproduction, copying, or redistribution of any service/trademarks of Counterform or its clients is strictly prohibited without written permission. Nothing on this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Counterform or any third party.

LIMITED USE

Counterform grants you permission to use the site only for your personal, noncommercial or educational purposes. You may download or print a single copy of any portion of the content for such purposes as long as you do not remove any trademark, copyright or other notice from the content. No other use is permitted without our prior written permission. You may not reproduce, modify or redistribute the designs, layouts or individual elements of this site. You may not transmit or display any content onto your website or any other web page by any means. You may not create a hypertext link to any page or portion of this site without the prior written permission of Counterform. We reserve the right to disable links to this site from any third-party sites. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other website or networked computer environment is prohibited.

DISCLAIMER

The materials on Counterform websites are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Counterform disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Counterform does not warrant that the functions contained in the materials will be uninterrupted or free of errors, that defects will be corrected, or that the Counterform website or the server that makes it available are free of viruses or other harmful components. Counterform does not warrant or make any representations regarding the use, or the results of the use, of the materials on Counterform websites in terms of its correctness, accuracy, reliability or otherwise. You (and not Counterform) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you. The material that you read on Counterform websites is provided solely for informational purposes only and is subject to change or withdrawal by Counterform at any time without notice. Counterform assumes no responsibility for the accuracy or completeness of the materials. While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses. Furthermore, neither Counterform nor its affiliated or related entities are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided on Counterform websites.

In no event will Counterform be liable to any party for any direct, indirect, special, incidental, or consequential damages for any use of Counterform websites, the materials or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs, or other data, even if Counterform is expressly advised of the possibility of such damages.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold Counterform, its officers, directors, employees, agents, licensors, clients, and affiliates harmless from and against any claims, actions, or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, or directly relate to your wrongful or unlawful use of this site or your violation of these terms.

MODIFICATIONS

These terms may change from time to time without notice. Such changes will be effective when posted on this site. By using this site after any change to these terms, you agree to be bound by all of the changes as well. We have no obligation to update any information or content on this site, and such information or content may be out of date at any given time. We may also cease publishing any information or content and/or make improvements and changes in the information or content contained in this site at any time without prior notice.

SUBMISSIONS & UNSOLICITED COMMUNICATIONS

Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted through email or through any website page or feature will be received by Counterform on a nonconfidential basis and become the irrevocable, nonexclusive property of Counterform throughout the universe, and Counterform shall be entitled to use the material royalty-free for any type of use forever, including in any media whether now known or hereafter devised. You also agree that you are waiving any claim of any nature against Counterform in connection with such materials and ideas, including without limit for any alleged or actual infringement of any proprietary, privacy, publicity, attribution and other moral rights in connection with such unsolicited communication.

JURISDICTION

This site is controlled and operated by Counterform from its offices in Portland, Oregon, in the United States of America. Counterform makes no representation that materials on Counterform websites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Oregon, in the United States of America. Any action you, any third party or Counterform bring to enforce this agreement or, in connection with, any matters related to Counterform websites shall be brought only in the courts of the State of Oregon, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except by Counterform. If you believe that your intellectual property right or other proprietary right is infringed by any content contained on counterform.net or if you have any questions concerning legal or other matters described above, contact the Counterform Legal Department at the address set forth below or email us at: legal@counterform.net. Counterform, LLC. Attn.: General Counsel, 917 SW Oak, Suite 204, Portland, Oregon 97205.

HYPERLINKS ARE NOT ENDORSEMENTS

Any links we provide to other websites are provided as Internet navigation tools only. These other websites contain information created, published, maintained, or otherwise posted by persons or entities independent of Counterform. Counterform does not control these websites and does not guarantee the accuracy, content, completeness or timeliness of their information. The owners/operators of these websites do not necessarily endorse Counterform products or services, nor are they responsible for the content of this site. Links to other websites, or references to products, services or publications other than those of Counterform on this site, do not constitute or imply an endorsement, recommendation, or favoring of such websites, products, services or publications by Counterform. Counterform accepts no responsibility for the content, products and/or services provided at any other websites.

UNLAWFUL & PROHIBITED USE

You agree that you will not use this site for any purpose that is unlawful or prohibited by these terms. You may not use this site in any manner that could damage, disable, overburden, or impair any Counterform server, or the network(s) connected to any Counterform server, or interfere with any other party’s use of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Counterform. You warrant to Counterform that you will not attempt to gain unauthorized access to any services offered by Counterform, computer systems or networks connected to any Counterform server through hacking, password mining or any other means. When using the website and accessing the services available on the website (referred to as “the Services”) you agree not to:

  • Use any Counterform domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
  • Pretend to be someone else, or spoof their identity when using the Services.
  • Use the Services in any way for spamming or to transmit chain letters, junk email, or bulk communications.
  • Transmit unsolicited or bulk communications to any Counterform account holder or to any Counterform website or affiliated email address (regardless of whether you use the Services to transmit any such communication).
  • Publish, post, upload, distribute or disseminate any inappropriate, hateful, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property.

You agree that Counterform would be irreparably harmed by the use, by you or others, of Counterform's Services or facilities in connection with the transmission of spam newsgroup postings, or unsolicited email in violation of these terms and that Counterform is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity).

Counterform reserves the right to block, filter or delete unsolicited email.

TERMINATION

Counterform in its sole discretion may terminate your right to use this site with or without cause at any time and without notice. In the event of any such termination, the restrictions on your use of content on this site shall survive such termination, and you agree to be bound by those terms.


Our Privacy Policy

COLLECTION OF USE & INFORMATION ON THIS SITE

We may collect two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you, but that we automatically collect when you visit our site, or that you provide us.

PERSONALLY IDENTIFIABLE INFORMATION

Counterform may collect and store personally identifiable information about you (such as your name, location, email address and any other information you voluntarily submit to us through email, or by opting in to our electronic mailing list (“personal information”).

We may use personal information we collect to respond to your requests and to provide you with information about Counterform. Counterform will not rent or sell your personal information to any third parties. We may share your information under these circumstances:

We may disclose personal information collected on this site in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. If Counterform receives a subpoena or similar legal process demanding release of any personal information about you, generally we will attempt to notify you unless we reasonably believe we are prohibited from doing so.

We may disclose personal information when we believe it necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and/or to protect our rights and property.

We may disclose personal information for purposes needed to run our business, including but not limited to site administration and troubleshooting, for example, to certain third parties who provide technical support for the operation of our site.

We will use reasonable precautions to maintain the confidentiality of your personal information, but you disclose such information to us at your own risk. The email facilities at this site do not provide a means for completely secure and private communications. Counterform cannot ensure the privacy and authenticity of any information or instructions you send us, or that we send to you over the Internet. Therefore, Counterform will not be responsible for any damages you may incur relating to the transmission of such confidential information over the Internet.

NON-PERSONAL INFORMATION

Counterform may collect, store and analyze aggregated or anonymous information about site use automatically and through certain electronic tools. Usually this is done to evaluate the usefulness of the site to visitors like you. To do so, we may gather data such as the domain name of the website from which you linked to our site, the number of pages visited, the length of user sessions, etc. Counterform also may use what are known as “cookies.” A “cookie” is a small text file placed on your computer’s hard drive by our website server. Cookies enable our site to recognize repeat visitors to better serve them when they return. The Counterform cookie cannot be read by another website. Cookies do not collect personal information, and Counterform does not combine cookie information with other personal information to determine who you are, or your email address. You can set up your web browser to prevent a website from placing a cookie on your computer, or notify you when a website is about to deposit a cookie file.

PROTECTION OF CHILDREN

Counterform does not knowingly collect or solicit personal information from or about children under 13. If we discover we have received any personal information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe Counterform has any information from or about anyone under 13, please contact us at the address listed below.

LINKED SITES

Third parties accessible through our site, including our clients and other content providers, may have their own privacy and data collection policies and practices. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

CONTACT

You can reach us on matters relating to this Privacy Policy via email at legal@counterform.net, or through regular mail at: Counterform, LLC., 917 SW Oak, Suite 204, Portland, Oregon 97205.

 
 
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