Terms of Service

Acknowledgement and Acceptance of Terms of Service: Please read the terms of service carefully before using this website (the "Site"). Your use of the Site indicates that you accept these terms of service (the "Terms of Service") and any updates we make to them. We've created these Terms of Service to protect you and to ensure that the Site is safe and fun for everybody. These terms and conditions may change from time to time so please check them periodically to be sure you are aware of the terms. The most current version of the Terms of Service can always be found here. The Site is operated on behalf of Count Me In ("Organization") by Rainier Software, Inc. ("Rainier"). Please note, when you access any other website, our Terms of Service will not apply, so we urge you to read all terms of use or service and privacy policies on each website.

1. Privacy
   Your privacy is important to us. We collect and store certain information about you, as well as any content that you submit to the Site, so please review the Privacy Policy also posted on the Site, which is incorporated by reference into these Terms of Service.

2. Notices and Communications
   We may send you email or regular mail about matters relevant to the Site, including any notices we have posted directly on the Site. For example, we may email you if these Terms of Service change or if we implement new functions on the Site. You agree that we may send these types of communications and that you will read them and will be considered to have accepted delivery of them. Please note that these are not marketing or advertising materials, but important communications for the benefit of users of the Site.

3. Copyright
   All content included on this the Site, including graphics, text, images, , button icons, images, audio and video clips and software, as well as the compilation of the content, is the property of either Organization, Rainier and/or their licensors and is protected by U.S. and international copyright laws. Any use, including the reproduction, modification, creating derivative works, distribution, transmission or display of the content on this site except for personal use relating to activities of the Site is prohibited unless otherwise noted.

4. Trademarks
   RAINIER, RAINIER & MOUNTAIN DESIGN, COUNT ME IN, COUNT ME IN & PERSON DESIGN, TURNSTILE SYSTEMS, TURNSTILE SYSTEMS & ARROW DESIGN, ALL REGISTRATIONS, ALL REGISTRATIONS & WHEEL DESIGN, ALUMNI SOFTWARE and all associated design elements are trademarks or registered trademarks of Rainier or its licensors in the United States and other countries. You may not use any of Rainier's trademarks without written permission from Rainier.

5. Use of Materials
   In no way should a link to or any content, including software, on the Site be copied, modified or used for any commercial purposes, without the specific written consent of Organization. In no way should a link to or any content, including software, on www.rainiersoftware.com, www.countmein.com, www.turnstilesystems.com, www.alumnisoftware.com , www.allregistrations.com or any other website owned by Rainier be copied, modified or used for any commercial purposes, without the specific written consent of Rainier.

6. Eligibility
   Because we strive to protect the privacy of minors and to adhere to the Children's Online Privacy Protection Act of 1998 (COPPA), and because software and services are available for purchase on the Site, access and use of the Site is restricted to individuals 18 years or older. Also, we will not knowingly collect any information from children under 13 or knowingly allow children under 13 to register for any password-protected portions of the Site. In the event that we learn that we have collected personal information from a child under 13 we will immediately remove the information from the Site. Individuals under the age of 18 years of age must obtain consent from their legal guardians before accessing or using the Site or the Service.

7. Login and Password
   Certain portions of the Site may require registration and the creation of a user account or profile. By registering for them, you agree that you are eligible and authorized to register, as specified in the Terms of Service, and that the information you include as part of the registration process is complete and accurate. You are responsible for maintaining the confidentiality of your login ID and password. You are responsible for all uses of it, whether or not authorized by you. You agree to immediately notify Organization of any unauthorized use of your login and password. We do not assume any responsibility for any misrepresentations regarding your age or parental consent when accessing or using the Site. Also, if we determine that you provided any false information to us when accessing or using the Site, we reserve the right to terminate your account immediately.

8. Credit Card Safety
   Rainier uses industry standard SSL (secure socket layer) encryption to protect your credit card information so you can feel safe making payments on the Site. In the unlikely event that unauthorized charges are made to your card as a result of a transaction on the Site, your liability is limited by federal law. Under the Fair Credit Billing Act, your credit card company cannot hold you liable for more than $50 of fraudulent charges per credit card. Because of our commitment to you, if they do hold you liable for any of this $50, Rainier will cover that liability for you, up to the full $50 per card, provided the unauthorized use of your credit card resulted through no fault of your own, and from your transaction on this site. To request reimbursement for unauthorized charges, please write us at the address listed below with the following information:
   1. Your name and address;
   2. The date of the transaction;
   3. The amount you are claiming, which cannot exceed $50 per credit card;
   4. Any invoice number or confirmation email you received from us regarding the charge; and
   5. A statement that the charge is fraudulent.
   Rainier Software, Inc. 1750 112th AVE NE, Suite D259, Bellevue, WA 98004 help@rainiersoftware.com. This agreement does not extend to any other websites. In the event of unauthorized use of your credit card on the Site, you must still notify your credit card provider in accordance with its reporting rules and procedures.

9. Submissions
   Rainier will own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to any software, services or other content we own or offer on the Site, and you agree to assign such submissions to Rainier free of charge. Rainier may use such submissions, as it deems appropriate in its sole discretion.

10. Copyright Infringement
    If you believe your copyright or the copyright of anyone else has been infringed on the Site, please provide our Registered Copyright Agent with a written notice (email is fine) to the Rainier address listed above that contains the following information:
    1. A description of the work you believe has been infringed;
    2. A description of its location on the site;
    3. Your address, telephone number and email address;
    4. A statement that you have a good faith belief that the use is, in fact, infringing;
    5. A statement made under penalty of perjury that the above information in your notice is accurate and that you are either the copyright owner or are authorized to act on his, her or its behalf; and
    6. Your signature (digital or physical).
    Once we receive your notice, we will take appropriate steps, including reviewing the content and taking it down if required, in accordance with the Digital Millennium Copyright Act.

11. Links To Other Websites
    We may post links to websites are operated by third parties on our Site. These are provided as a convenience only. If you use these links, you will leave the Site. Organization and Rainier are not responsible for the content on these other websites. You use them at your own risk. A link from the Site does not mean we sanction their content, or endorse any of their products.

12. Indemnity
    You agree to indemnify and hold Organization, Rainier and their affiliates, officers, employees and agents harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of your use of the Site. This includes any submission you post, document, image or video you upload, email you transmit through the site, or any violation of the Terms of Service.

13. Disclaimer of Warranties
    The Site is provided on an "as is" and "as available" basis. Organization and Rainier make no representations or warranties of any kind, express or implied, as to materials, products or services offered on the Site. Organization and Rainier disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness, or title. Organization and Rainier do not warrant the accuracy or completeness of the information on the Site, nor are we responsible for any failure of performance caused by or arising out of use or access to any content or information provided by the Site. Organization and Rainier may make changes to the information on the Site, including the products and prices described, at any time without prior notice. Information on the Site that is periodically updated may not be current at the moment you visit this site and may contain errors. Organization and Rainier do not warrant that use of the Site will be uninterrupted, secure or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Please note: some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of Liability
    By using the Site, you agree that Organization, Rainier and any other parties involved in creating and delivering the Site's content, materials or products are in no way liable or responsible for any direct, indirect, incidental or consequential damage (including profit losses, lost data or business interruption) from accessing the Site or from any material gained through the Site. You further agree to not hold Organization, Rainier or its affiliates responsible for any damages resulting from the inability to use any website linked to this Site, the materials or information contained, or the products or services offered.

15. Termination
    Organization and Rainier reserve the right to restrict access to the Site to any user, and may at any time in their sole discretion with or without notice and with or without cause immediately deny access to the Site by any person, including persons who previously had access.

16. Refund Policy
    Organization, in its sole discretion, sets the terms and conditions regarding purchases on the Site so please review the Refund Policy also posted on the Site, which is incorporated by reference into these Terms of Service.

17. General
    Disputes
    The Terms of Service shall be governed by the laws of the State of Washington as it is applied to contracts entered into by residents of the United States of America. If you access the Site from other locations, you do so by your own will and are bound by local laws, if applicable. You agree that any cause of action arising out of this agreement shall commence within one year after the cause of action arose; otherwise the cause of action is permanently barred. All disputes shall be under the jurisdiction and venue of the State of Washington. Any controversy or claim arising out of or pertaining to the Terms of Service or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award awarded by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    
    No Waiver
    The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
    
    Assignment
    Rainier may assign its rights and obligations under these Terms of Service at any time and upon such assignment shall be relieved of any further obligation hereunder.