WEBSITE TERMS OF USE

Welcome to www.kount.ca (the "Website"). This Website is operated by Kount Marketing Inc. ("Kount," "we," "us," or "our"), a federal corporation registered in Canada with operations in Manitoba, Canada. By accessing or using this Website, you agree to be bound by these Website Terms of Use ("Terms"). If you do not agree to these Terms, please do not use this Website.

1. ACCEPTANCE OF TERMS

By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Website.

Note: If you sign up for our Kount CRM platform (the "Service"), your use of the Service will be governed by our separate Terms of Service for the CRM platform, which you will be asked to accept at the time of registration.

2. USE OF THE WEBSITE

2.1 License to Use

Subject to your compliance with these Terms, Kount grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes.

2.2 Prohibited Uses

You agree not to:

1. Use the Website for any illegal purpose or in violation of any applicable laws or regulations;
2. Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website;
3. Use any automated means (including bots, scrapers, or spiders) to access the Website without our express written permission;
4. Interfere with or disrupt the Website or servers or networks connected to the Website;
5. Transmit any viruses, malware, or other malicious code;
6. Collect or harvest any personally identifiable information from the Website without consent;
7. Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
8. Use the Website to distribute spam, chain letters, or other unsolicited communications;
9. Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Website.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership

The Website and its entire contents, features, and functionality (including but not limited to all text, graphics, logos, images, software, and design) are owned by Kount or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

3.2 Trademarks

"Kount," "Kount CRM," and all related logos and designs are trademarks or registered trademarks of Kount Marketing Inc. You may not use these trademarks without our prior written permission.

3.3 User Content

If you voluntarily submit, post, or transmit any content to the Website (such as comments, feedback, testimonials, or suggestions) ("User Content"), you grant Kount a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. This license applies only to the User Content itself and does not extend to your personal information, which is governed by our Privacy Policy.

You represent and warrant that: (a) you own or have the necessary rights to any User Content you submit; (b) such User Content does not violate any third-party rights or applicable laws; and (c) you have obtained all necessary consents from any individuals whose personal information may be included in your User Content.

4. DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

KOUNT DOES NOT WARRANT THAT:

(a) THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(b) THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT;

(c) ANY DEFECTS OR ERRORS WILL BE CORRECTED.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

5. NO PROFESSIONAL ADVICE; NO FIDUCIARY RELATIONSHIP

No Professional Advice: The Website is for informational purposes only. The content on this Website, including any articles, guides, templates, or other materials, does not constitute professional advice, including legal, accounting, financial, tax, or business advice.

You should not rely on any information on this Website as a substitute for professional advice. If you require professional advice, you should consult with a qualified professional in the relevant field.

No Fiduciary Relationship: Nothing on this Website or in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and Kount. You acknowledge that Kount is providing information and content only and does not owe you any fiduciary duties or heightened obligations.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOUNT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

(a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE;

(b) ANY CONTENT OBTAINED FROM THE WEBSITE;

(c) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL KOUNT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00 CAD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, KOUNT'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kount, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any User Content you submit to the Website.

8. THIRD-PARTY LINKS AND CONTENT

The Website may contain links to third-party websites or services that are not owned or controlled by Kount. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Kount shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such websites or services.

9. PRIVACY

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.

10. MODIFICATIONS TO THE WEBSITE AND TERMS

10.1 Changes to the Website

Kount reserves the right to modify, suspend, or discontinue the Website (or any part thereof) at any time, with or without notice. Kount shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

10.2 Changes to These Terms

Kount may revise and update these Terms from time to time at our sole discretion. Changes will be effective upon posting to the Website, except where prohibited by law. All changes apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. We will update the "Effective Date" at the top of these Terms when changes are made. You are encouraged to check this page regularly so you are aware of any changes, as they are binding on you.

11. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law: These Terms and any disputes arising out of or related to these Terms or the Website shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Jurisdiction: You irrevocably submit to the exclusive jurisdiction of the courts located in Manitoba, Canada, for the resolution of any disputes arising out of or relating to these Terms or the Website. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

Limitation Period: Any cause of action you may have with respect to these Terms or the Website must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is permanently barred.

12. GENERAL PROVISIONS

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kount regarding your use of the Website and supersede all prior agreements and understandings, whether written or oral.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Kount's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Assignment: You may not assign or transfer these Terms or any rights granted hereunder without Kount's prior written consent. Kount may assign these Terms without restriction.

No Third-Party Beneficiaries: These Terms are for the benefit of, and shall be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party.

Interpretation: The section headings in these Terms are for convenience only and have no legal or contractual effect. The use of "including" means "including but not limited to."

13. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

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END OF WEBSITE TERMS OF USE