Terms and Conditions of Use

Welcome to the corporate Web site of count5, LLC (http://www.count5.com). Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE COUNT5 WEB SITE. The information and materials provided by count5 may be used for informational purposes only. By using, accessing or downloading materials from this Web site you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the count5 Web site, both now and in the future. count5 may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this Web site.

Restrictions

You may view, download and copy information and materials available on this Web site solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of count5’s products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.

Ownership of Information and Materials

The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this Web site are the copyrighted works of count5, and any unauthorized use of that information or materials may violate copyright, trademark and other laws.

The use of any software downloaded from this Web site is governed by and subject to the terms of the Software License Agreement accompanying or provided with the software. Any rights not expressly granted herein are reserved.

Trademark Information

count5’s trademarks may be used only with written permission from count5. count5, Q, Q MINDshare, Cut-Thru Technology, Intelligent Reinforcement, Learning DNA, Q Server and Q Client are registered trademarks or trademarks of count5. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of count5 or any third party.

Links to Other Web sites

As a convenience and to make the count5 Web site truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. count5 makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the count5 Web site is not an indication that count5 endorses the third party or its site, or has any affiliation with or between count5 and the third party hosting site.

Feedback

All comments, feedback, information or materials submitted to count5 through or in association with this Web site shall be considered non-confidential and count5’s property. By submitting such comments, information, feedback, or materials to count5, you agree to a no-charge assignment to count5 of worldwide rights to use, copy, modify, display and distribute the submissions. Count5 may use such comments, information or materials in any way it chooses in an unrestricted basis.

Product Availability

Not all products or services mentioned on this Web site may be available in your country. Please contact your local sales representative for products and services available in your country.

Export Control, Restricted Use Rights and Applicable Law Access to this Web site is governed by all applicable federal, state and local laws. All information and materials available on the Web site are subject to U.S. export control laws and may also be subject to the laws of the country where you reside

All count5 products and publications are commercial in nature and provided with “Restricted Rights.” Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

count5 does not represent or warrant that materials on this Web site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

Disclaimer

The count5 Internet team strives to provide you with useful, accurate, and timely information on this Web site. Accordingly, count5 has attempted to provide accurate information and materials on this Web site but assumes no responsibility for the accuracy and completeness of that information or materials. count5 may change the content of any information or materials available at this Web site, or to the products described in them, at any time without notice. However, count5 makes no commitment to update the information or materials on this Web site which, as a result, may be out of date.

Information and opinions expressed in bulletin boards or other forums are not necessarily those of count5. Neither count5, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on count5’s Web site. count5 reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Web site.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND Count5 DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL Count5 BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Termination of Use

count5 may, in its sole discretion, terminate or suspend your access to all or part of the count5 Web site, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.

Governing Law; Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia exclusive of its choice of law principles. The Georgia state courts of Fulton County (or, if there is exclusive federal jurisdiction, the United States District Court for the Northern District of Georgia) shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.

General Provisions

If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Count5 concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding Count5’s Terms and Conditions, please email: legal@Count5.com. To review Count5’s Privacy Statement, click here.