Encounter Counter

Please read these Terms of Service ("Terms", "Terms of Service", "Terms and Conditions") carefully before using the website (the "Service"), http://www.encountercounter.com, operated by Encounter Counter ("us", "we", or "our").

By accessing using the Service you are agreeing to be bound by the following Terms of Service. If you disagree with any part of the terms then you may not access the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

Encounter Counter LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://encountercounter.com/terms-of-service

Violation of any of the terms below will result in the termination of your Account. While Encounter Counter LLC prohibits such conduct and Content on the Service, you understand and agree that Encounter Counter LLC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

• You must be 13 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide a valid email address and any other information requested in order to complete the signup process.
• You are responsible for maintaining and safeguarding the security of your account and password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. Encounter Counter LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
• You are responsible for all Content posted and activity that occurs under your account.
• One person or legal entity may not maintain more than one account. Multiple may not use a single account for submitting data. Billing is metered based on the nubmer of invited users, as described below.
• Attempts to circumvent the subscription payment models will result in suspension, cancellation, or termination of your account, and associated invited accounts. Your account and related accounts will be banned, at our discretion, from access to the service. Attempts to circumvent the payment plans for your account and invited accounts may result in loss, corruption, or removal of your account's data. We are not responsible for loss, corruption, or removal of your data under these Terms, especially when caused by your attempt to circumvent payment plans. Circumvention attempts may include, but are not limited to using the same login credentials for multiple users.
• When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

Customers may access their Encounter Counter account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Encounter Counter, is bound by the terms of this agreement plus the following specific terms:

• You expressly understand and agree that Encounter Counter LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Encounter Counter LLC has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
• Abuse or excessively frequent requests to Encounter Counter via the API may result in the temporary or permanent suspension of your account’s access to the API. Encounter Counter LLC, in its sole discretion, will determine abuse or excessive usage of the API. Encounter Counter LLC will make a reasonable attempt via email to warn the account owner prior to suspension.
• Encounter Counter LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

• All plans must enter a valid credit card. Each plan begins with 30 days of free trial. The free trial offer may be discontinued at any time prior to your registration.
• After the free trial period expries, any plan will immediately bill to you.
• Two "subscription plans" ("plans") exist: nominally, the "Monthly" and "Annual" plans. Each plan is billed at multiple, defined by the number ("quanity") of invited users ("residents"). The plans are are billed monthly and annually, respectively. By registering for this service, you agree to the subscription plan prices as stated on the home page of the website (http://www.encounter.com), unless otherwise offered or stated.
• You change plans at any time or change the quanity of plans to which you are subscribed. You may request assistance from us to reduce the quantity, by removing an invited user, or resident, from your account and billing subscription. You may also use any features of the website that are intended for removing an associated resident account from your account.
• The Service is billed in advance on a monthly or annual basis, according to your plan, and is non-refundable. The service will be prorated for partial month or year usage, based on the number of users you have invited to the service.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• For any change in number of invited users for your plan, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Cancellation and Termination

• Encounter Counter LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Encounter Counter LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Encounter Counter LLC reserves the right to refuse service to anyone for any reason at any time.
• We may terminate or suspend you account and access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
• Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. A mechanism for terminating your account and billing info may be provided through the website. If you desire assistance or confirmation of termination of your account, you may contact us. Upon termination, any of your data may be removed or stored at our discretion, unless that removal or storage is otherwised prohibited or required by law.
• All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modifications to the Service and Prices

• Encounter Counter LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Encounter Counter Site (encountercounter.com) or the Service itself.
• Encounter Counter shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

• We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
• Encounter Counter LLC does not pre-screen Content, but Encounter Counter LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
• The look and feel of the Service is © 2015 Encounter Counter LLC, inc. All rights reserved. The name and logos for Encounter Counter are trademarks of Encounter Counter LLC, inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Encounter Counter LLC. You may not use the Encounter Counter name without express written permission from Encounter Counter LLC.

General Conditions

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• You understand that Encounter Counter LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Encounter Counter LLC, or any other Encounter Counter LLC service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Encounter Counter LLC.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Encounter Counter LLC customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not transmit any worms or viruses or any code of a destructive nature.
• If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Encounter Counter LLC) of other Encounter Counter customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.
• Encounter Counter LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• You expressly understand and agree that Encounter Counter LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Encounter Counter LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the state of Washington, United States, without regard to its conflict of law provisions.

The failure of Encounter Counter LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of those right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The Terms of Service constitutes the entire agreement between you and Encounter Counter LLC and govern your use of the Service, superceding any prior agreements between you and Encounter Counter LLC (including, but not limited to, any prior versions of the Terms of Service).

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Questions about the Terms of Service should be sent to help@encountercounter.com.