Your Company Name

Terms and Conditions

User + Client Agreement

The User + Client Agreement is hereby made a part of these Terms + Conditions.

Acceptance of this Agreement
SimplyCount offers services (THE SERVICE) to users, prospective clients, and registered account holders. Anyone who uses SimplyCount to obtain survey tools and/or services by default accepts and agrees with the SimplyCount User + Client Agreement in full. Continued use of THE SERVICE implies user acceptance and agreement with this document, including any updates and amendments to same.

Definition of a SimplyCount User
Any independent person, corporation, partnership, organization or representative of same who uses THE SERVICE in any manner, for any reason, is considered to be a SimplyCount "user". A SimplyCount user may not have the same rights to SimplyCount content as a SimplyCount "client" (see definition of SimplyCount client).

Definition of a SimplyCount Client
Any independent person, corporation, partnership, organization or representative of same who is a registered account holder - AND/OR - completes a financial transaction with SimplyCount or its parent company for purposes of obtaining survey or other services is considered to be a SimplyCount client. The status of "client" may bestow certain rights to information on the SimplyCount web site and other resources that are not available to individuals and/or entities who are not clients of SimplyCount. Note: All SimplyCount clients are SimplyCount users (see definition of a SimplyCount User).

What is SimplyCount?

SimplyCount is a service wholly owned and operated by HCF Enhancement, LLC, a limited liability corporation based in the state of Tennessee (USA). HCF Enhancement, LLC occupies the same offices as SimplyCount. IN ALL LIKELYHOOD, YOUR FINANCIAL TRANSACTIONS WITH SIMPLYCOUNT SHALL REFERENCE HCF ENHANCEMENT, LLC. FOR FUTURE REFERENCE (E.G., FOR CREDIT CARD STATEMENTS; CORRESPONDENCE; ETC.), PLEASE MAKE NOTE OF THE NAME, HCF ENHANCEMENT, LLC AND ITS RELATIONSHIP WITH SIMPLYCOUNT.

Financial Transaction Security
For fast and secure web based financial transactions, SimplyCount and HCF Enhancement, LLC (see above) conducts some customer business transactions using Paypal.com. SimplyCount.com links to external Paypal.com web pages to process these transactions.

It is the understanding of the principals and developers of SimplyCount.com that Paypal's web pages use encryption technologies with high-quality transaction security. For more about Paypal security, see this external page regarding Paypal security.

It is sole the responsibility of SimplyCount users to ensure that the external Paypal web pages visited are legitimate Paypal sites and not fraudulant "spoofed" sites purporting to be Paypal operated when they are not. You may contact SimplyCount or Paypal for further information on how to detect a fraudulant "spoofed" Paypal web page.

SimplyCount, HCF Enhancement, LLC, its owners, officers, and employees including partners and affiliates will be held harmless and will not be held liable in any way for any errors, misrepresentations, or losses, financial or otherwise, resulting from any SimplyCount client or user's misdirection to or use of any fraudulant web pages of any kind.

Guarantee on Fee-Based Services

SimplyCount offers an attractive money-back guarantee on its fee-based services. The Guarantee may be seen at this link.

No Guarantee on Free Services

SimplyCount may offer free survey products and services to qualified pre-approved users of the SimplyCount web site. The SimplyCount free (no-fee) services are open-source products, are provided as-is, and have no guarantee associated with their availability, presentation, usability, security, statistical validity or performance of any kind. Users assumes their own liability and risk in using these free products and services.

SimplyCount Liability
SimplyCount will not be held responsible for user submitted content that may be published via automated SimplyCount systems or manually by user input or request. SimplyCount often publishes user supplied content as is and the user is hereby informed that SimplyCount makes no ownership claim to the user content. HCF Enhancement, LLC, owner and operator of SimplyCount.com, shall bear no liability for information incorrect, erroneous, misleading or otherwise, published on client's behalf if said client, or agent(s) of said client, or user of client login credentials (legal or fraudulent), deliver such information with intent of publication in client's name. SimplyCount reserves the right to, without cause, remove from publication or not publish user submitted content.

Total financial liability for any and all errors and omissions made by SimplyCount shall be limited up to, and not to exceed, the total fees collected by SimplyCount from the client in past calendar year or the 180 days prior to the issuance of any grievance, whichever is smaller.

In the event the remedies offered in the Guarantee (see above) are insufficient, Client agrees to participate in legal arbitration per the laws of the state of Tennessee. Client further agrees that outside of the aforementioned guarantee, arbitration will be the sole method of seeking remedy and waives all rights to any and all other legal remedies forever more. Any and all arbitration, including discovery and meetings regarding or relating to same, will take place in Nashville, Tennessee using arbitrators selected by HCF Enhancement, LLC.

Client Duties, Responsibilities, Liabilites and Remedies

• Provision of CONTENT by CLIENT to THE SERVICE, provides THE SERVICE and THE SERVICE USERS with certain rights to use of THE CONTENT. These rights include, but are not restricted to, the right to replicate, post on and with various publication mediums including, but not limited to, THE SERVICE web sites, the Internet and print for general distribution in any manner or media it chooses. Furthermore, these parties may use THE CONTENT per the terms of the Creative Commons License described below. Per the terms of Creative Commons license, these terms survive any termination of this AGREEMENT by either party.CLIENT may from time to time provide, distribute or make available CONTENT for posting on THE SERVICE or any other use by THE SERVICE and SERVICE clients. CONTENT is defined and used herein as any information including text, data, design, logo and/or graphics provided to THE SERVICE by CLIENT.
• By sending, distributing and/or providing CONTENT to THE SERVICE, CLIENT acknowledges that said CONTENT will be posted on THE SERVICE and attests to THE CLIENT's legal right to provide said CONTENT to THE SERVICE.
• THE SERVICE shall provide an electronic publication medium for the CONTENT.
• CONTENT shall remain the property of THE CLIENT per the terms of the Creative Commons license.
• CLIENT recognizes that by providing its CONTENT to SERVICE for posting to SERVICE publication mediums, CLIENT is taking known risks known to most all forms of digital content. These risks include the possibility of theft, electronic piracy, copying, cloning, paraphrasing and loss of CONTENT as well as question of ownership or right to use. Furthermore, CLIENT acknowledges THE SERVICE does not insure or provide safeguards to CLIENT or any owner of CONTENT that CONTENT is secure from any such risk.
• While THE SERVICE may make available CLIENT provided CONTENT to its clients or anyone else for whatever purpose it deems appropriate during the course of the AGREEMENT, THE SERVICE stakes no claim whatsoever in the OWNERSHIP of the CONTENT.
• CLIENT may terminate distribution of THE CONTENT by THE SERVICE at any time by providing fifteen (15) days written, certified USPS mail notice to THE SERVICE (15 days begins from date of acceptance of certified-mail notice). CLIENT acknowledges that even after removal of THE CONTENT from THE SERVICE, THE CONTENT may survive termination in other formats apart from THE SERVICE official web site including Internet archive cache sites which THE SERVICE has no control over.
• Because CLIENT is providing CONTENT for which ownership or right to use or distribute can not be otherwise ascertained, CLIENT acknowledges that by providing CONTENT CLIENT is directly implying CLIENT's ownership, right to use, and right to share and distribute the CONTENT.
• CLIENT AGREES TO FOREVER PAY FOR, DEFEND AND HOLD HARMLESS THE SERVICE, THE PARENT, AND ITS OFFICERS, PARTNERS, CLIENTS, CLIENTS, AND USERS FROM ANY AND ALL LEGAL ACTION INCLUDING ALL LEGAL FEES, CLAIMS, MOTIONS, LITIGATION, PENALTIES, AGREEMENTS AND ADJUDICATIONS ASSOCIATED WITH ANY USE OF OR REFERENCE TO THE SER VICE IN ANY MANNER BY CLIENT. THIS CLAUSE SHALL FOREVER SURVIVE THE TERMINATION OF ANY AGREEMENT INCLUDING THIS CLIENT AGREEMENT AND MAY NOT IN ITSELF BE TERMINATED.
• CLIENT UNDERSTANDS THAT IT IS RESPONSIBLE FOR ANY AND ALL DEFENSE RELATED EXPENSES WITH REGARD TO ITSELF AND ANY BUSINESSES, CORPORATIONS, EMPLOYEES, OFFICERS, PARTNERS, CLIENTS, AND OTHER RELATED ASSOCIATIONS IT HAS SHOULD ANY LITIGATION BE REQUIRED WITH REGARD TO ANY RELATED ASSOCIATION, ACTION OR BEHAVIOR OF THE SERVICE OR SERVICE CLIENTS, SERVICE PARTNERS, SERVICE EMPLOYEES AND SERVICE OWNERS. FURTHERMORE, CLIENT WAVES ALL RIGHT TO RECOVERY OF ANY AND ALL DEFENSE RELATED EXPENSE FROM THE SERVICE OR THE PARENT WITH RESPECT TO THE SERVICE OR THE PARENT FOR ANY REASON.
• THE SOLE REMEDY AVAILABLE TO CLIENT FOR ANY DAMAGE ALLEGED OR CAUSED BY THE SERVICE, SERVICE PARTNERS OR OTHER SERVICE RELATED ENTITY, CIRCUMSTANTIAL OR OTHERWISE, SHALL NOT EXCEED THE VALUE OF TOTAL FEES PAID BY CLIENT TO THE SERVICE IN CONJUNCTION WITH THE PERFORMANCE OF THE SERVICE DURING THE COURSE OF THE MOST RECENT CALENDAR YEAR OF PARTICIPATION BY THE CLIENT WITH THE SERVICE OR LAST 180 DAYS, WHICHEVER IS SHORTER.

Privacy

SimplyCount respects its user base and believes in and takes steps toward maintaining the privacy of its users as described in its Privacy Policy. SimplyCount users acknowledge having read and understood this Privacy Policy. Please see the SimplyCount Privacy Policy for details.

User Responsibility for Confidentiality and Respect of Copyright
Likewise, SimplyCount expects its users to maintain the confidentiality of the SimplyCount system. SimplyCount offers a variety of services - including proprietary CONTENT owned by SimplyCount, its partners and CLIENTs - that may or may not be available outside of the SimplyCount web site. The CONTENT contained on the SimplyCount.com web site is copyrighted material using one or another copyright license (in some cases, the content falls under general copyright law, while in other cases the content may fall under a variation of Creative Commons license). Where licenses are shown, that license applies for the content on that particular web page (exclusive of web page template design, descriptions, logos and titles which fall under standard copyright law) . On pages where no license is shown, current United States copyright law applies throughout that page and all rights are reserved. Questions about use of CONTENT and copyright as they are used on this web site may be addressed to: SimplyCount, 1486 Clairmont Place, Nashville, TN 37215.