Kount Inc. is a Delaware corporation with headquarters in Boise, Idaho.
917 Lusk Street, Suite 300
Boise ID 83706 USA
Press and legal inquiries may be directed to: 1-866-919-2167 (voice), or 208/426-0167 (fax).
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You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify the Company of any unauthorized use of your password.
Kount™, Kount Proxy Piercer™, Kount DMC™, Graphical Swarm Analysis™, and other names, logos, icons and marks identifying the Company's products and services are trademarks of the Company and may not be used without the prior written permission of the Company. Other product or company names referred to in documents published by the Company are trademarks of their respective owners.
You agree not to do any of the following while using the Site, Content, or Services:
- Post, publish or transmit any text, graphics, or material that:
- (i) is false or misleading;
- (ii) is defamatory;
- (iii) invades another's privacy;
- (iv)is obscene, pornographic, or offensive;
- (v) promotes bigotry, racism, hatred or harm against any individual or group;
- (vi) infringes another's rights, including any intellectual property rights; or
- (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the Site, the Company's computer systems, or the technical delivery systems of the Company's providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by the Company or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
- Send unsolicited email, junk mail, "spam", or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
- Impersonate or misrepresent your affiliation with any person or entity.
Digital Millennium Copyright Act Compliance
The Company respects the intellectual property rights of others and expects users of the Site to do the same. At the Company's discretion and in appropriate circumstances, the Company may terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), the Company's designated agent for notice of alleged copyright infringement appearing on the Site is:
917 Lusk Street, Suite 300
Boise ID 83706 USA
Filing a notice of infringement with the Company requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, lcweb.loc.gov/copyright (visited January 3, 2008).
Links to Other Sites
The Site may contain links to third party websites or resources. You acknowledge and agree that the Company is not responsible or liable for:
- (i) the availability or accuracy of such websites or resources; or
- (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, and Services is at your own risk. The Company will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.
The Site is Available "AS-IS"
THE SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE COMPANY WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, OR SERVICES IS LIMITED TO FIFTY ($50) DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
The Company encourages you to provide feedback, comments and suggestions regarding the Site, Content, and Services ("Comments"). Comments may be submitted to email@example.com. You acknowledge and agree that all Comments will be the sole and exclusive property of the Company and you hereby assign and agree to assign all rights, title and interest you have in such Comments to the Company together with all intellectual property rights therein.
Controlling Law and Jurisdiction