Count Me In: Terms & Conditions
Our goal is to help you live a meaningful legacy. While our goal is quite simple, legalities aren’t always as clear. Below you’ll find some “legal speak” from our fancy pants attorneys to clearly layout our organization's terms to help keep everyone on the same page. If you have a question, we're happy to help: firstname.lastname@example.org
(Effective June 1, 2016)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY.
By i) using this site, ii) purchasing any products or services from Count Me In Youth Initiative Inc. (“COUNT ME IN”) or iii) utilizing any of the products or services from COUNT ME IN through our websites, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from COUNT ME IN, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site.
COUNT ME IN LEADERSHIP SUMMIT TERMS & CONDITIONS
In addition to the GENERAL TERMS & CONDITIONS set forth below in sections I through VII, the following terms and conditions will apply with respect to your registration for, and attendance at, the Count Me In Leadership Summit (the "Summit"):
1. GENERAL INFORMATION. Summit times and places (e.g., for presentations, workshops, leadership experiences and simulations, and guest speakers included in the Summit) are subject to change. Please be sure to carry government-issued photo identification (student ID, Passport, driver’s license, etc.) for verification purposes at check in, if required. Please notify COUNT ME IN if you have any special needs or restrictions. Attire should be suitable for current weather conditions at the time of the Summit and because the Summit involves walking in an outdoor camp environment, comfortable closed toe and closed heel footwear are recommended.
2. CANCELLATION POLICY. COUNT ME IN reserves the right to modify, cancel or reschedule the Summit, refuse admission, or change facilitators, location or content. Except to the extent COUNT ME IN cancels the Summit by reason of Force Majeure or breach of this Agreement by you, COUNT ME IN’s liability to you will be limited to the purchase price paid for the Summit registration. Due to limited seating at our live events, there are no refunds for Summit registration.
3. OWNERSHIP. All right, title and interest in and to any Summit Materials (as defined below) will at all times remain vested in COUNT ME IN and/or its parent, subsidiary and other affiliated or related entities (collectively, the “Count Me In Entities"). You will not use any Summit Materials for your own commercial purpose; copy, distribute or otherwise disclose to any individual or entity whatsoever any of the Summit Materials or any contents thereof; or videotape or otherwise record any portion of any Summit Materials in audio, video, digital or any other format for commercial or competitive use. You agree that any ideas, concepts, business proposals, input, suggestions or other information or material as to your projects, academics or business or that you provide us in connection with the Summit (including, without limitation, all feedback and comments) will be deemed non-confidential and non-proprietary and may be used or disclosed by COUNT ME IN or any other Count Me In Entity without liability or compensation to you or any other persons or entities acting on your behalf. For the purposes hereof, “Count Me In Materials" means the Summit, including, without limitation, any Manuals, Workbooks, PowerPoints (or similar) slides, deliverables and other products COUNT ME IN presents to you, and any other written or oral presentation COUNT ME IN makes to you, in connection with the Summit.
4. PROMOTION; COPYRIGHT POLICY. All materials as to the Summit or that refer to or depict COUNT ME IN (or any part thereof) or any design, logo, trademark, copyrighted work or symbol of COUNT ME IN or any other Count Me In Entity may not be used by you or allowed to be used by you without COUNT ME IN's prior written approval, which it may withhold in its sole discretion. Except for any material that COUNT ME IN approves in writing or that has been approved under another written agreement by COUNT ME IN or any other Count Me In Entity, you will acquire no right under this Agreement to use and will not use (or allow the use of) the name "COUNT ME IN”, “COUNT ME IN LEADERSHIP SUMMIT” or “COUNT ME IN SUMMIT" (in each case either alone or in conjunction with or as part of any other word or name), designs, logos, trademarks, tradenames, copyrighted works or symbols of COUNT ME IN or any other Count Me In Entity (i) in any of your advertising, publicity or promotions; (ii) to express or imply any partnership with or endorsement by COUNT ME IN or any other Count Me In Entity of your, or your products or services; or (iii) in any other manner whatsoever (whether or not similar to the foregoing). If you fail to strictly comply with the provisions of this paragraph, the Count Me In Entities will suffer irreparable harm and injury and, accordingly, you agree that this failure will be a material breach that will entitle COUNT ME IN to terminate your participation in the Summit and retain all fees paid by you for the Summit (effective upon our delivery to you of written notice to that effect) and/or obtain injunctive and other equitable relief.
5. ENGLISH LANGUAGE. The Summit and all material for the Summit will be in English and all attendees must be proficient in speaking, listening and reading in English. To minimize distractions during the Summit, translators are not allowed in any of the Summit sessions.
6. FORCE MAJEURE. If the performance by either party of any obligation hereunder (other than any payment obligation) is directly delayed or prevented in whole or in part by any cause not reasonably within its control (including, by way of example but not limitation, acts of God, war, civil disturbances, accidents, shortage of supplies or labor disputes, but excluding, if you are booking the Summit for a third party, any cause within the control of that third party), it will be relieved of performance of such obligation to the extent such performance is directly so delayed or prevented, without liability of any kind (cancellation of any Summit due to any such cause is referred to herein as cancellation due to "Force Majeure"). Nothing herein will be construed as requiring either party to accede to any demands of labor or labor unions, suppliers or other entities that it considers unreasonable.
7. NO GUARANTEE. Each party agrees that, notwithstanding anything to the contrary in this Agreement, no promise, guaranty, representation or warranty of any kind or nature whatsoever (including, without limitation, as to the implementation of any learning from any Summit) is or will be made as to the success or failure of any Summit on your or any other individual's or entity's business or operations.
8. PHOTOGRAPHY/VIDEOGRAPHY/BROADCAST. You hereby grant Company the right to record and use name, voice, photograph, video footage, likeness and biographical information in connection with and related to COUNT ME IN. This footage, including but not limited to all photographs and video footage taken at the Summit, may be used for archival and other purposes, and you agree that all footage is the sole property of Count Me In and their partners. No taping, photography, videography, webcast or other recording or broadcast of the Summit by attendees will be permitted without obtaining COUNT ME IN's prior written consent, which it may withhold in its sole discretion.
9. GOVERNING LAW; VENUE. Any dispute or claim, whether in contract or tort, arising out of or in connection with the Summit and/or these Terms & Conditions, will be governed by the laws of the Province of Ontario without giving effect to any conflict of laws provisions thereof. Any dispute or claim, whether in contract or tort, arising out of or in connection with the Summit and/or these Terms & Conditions will be submitted exclusively to the courts of Ontario for trial and determination by the court sitting without jury. COUNT ME IN and you hereby consent to the exclusive jurisdiction of such court and to the service of process outside the Province of Ontario pursuant to the requirements of such court in any matter submitted to it, and COUNT ME IN and you expressly waive the right to a jury trial.
10. ASSIGNMENT; LIMITATION OF LIABILITY. You may not assign or transfer any rights or interest herein (including, without limitation, rights and duties of performance), nor shall the same be assignable by operation of law, without COUNT ME IN’s prior written consent in its sole discretion. In no event will COUNT ME IN or any other Count Me In Entity be liable to you for any lost profits or any non-economic, incidental, indirect, special, consequential, speculative, exemplary or punitive damages arising out of or relating to the Summit or these Terms & Conditions.
COUNT ME IN YOUTH INITIATIVE INC. TERMS & CONDITIONS
I. General Terms and Conditions
a) SCOPE OF TERMS AND CONDITIONS.
These Terms and Conditions apply to your use of all of the website at www.cmimovement.com, www.countmeinsummit.com, as well as any of its sub-domains and related domains, or shopping cart pages, and social media pages and forums, including but not limited to www.facebook.com/countmeinfamily, (collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
b) RESTRICTIONS ON USE.
The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
• harass, stalk or otherwise abuse another user;
• transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
• transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
• upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
• impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
• transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
• violate any applicable local, provincial, state, federal or international law, rule or regulation.
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send E – mail to email@example.com We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
We do not endorse, warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
We’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life or grow your leadership skills. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. Nothing on our Sites is a promise or guarantee of earnings, financial or otherwise. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, or ability to apply our ideas, tools, strategies or recommendations. You alone are responsible for your actions and results in life, school and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.
d) LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
e) NO PERSONAL OR PROFESSIONAL ADVICE.
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, in chats, in programs, or in person) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
f) PARENTAL PERMISSION; MINIMUM AGE REQUIREMENT.
This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site to be over 13 and all purchasers of COUNT ME IN’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of COUNT ME IN, you represent that you are at least 18 years of age.
h) MEMBERSHIP FEES.
Every attempt has been made to be clear and transparent on any ongoing fees (“membership fees”) associated with the consumption and utilization of proprietary content of this site and / or physical products. There may be multiple associated fees, depending on the selection and purchases of the user. Any questions, complaints (and even compliments) can be sent to firstname.lastname@example.org
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of COUNT ME IN or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of the COUNT ME IN and protected by Canadian and international copyright laws.
The COUNT ME IN’s name and other COUNT ME IN logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of COUNT ME IN or its affiliates in Canada, and/or other countries. COUNT ME IN’s trademarks and trade dress may not be used in connection with any product or service that is not COUNT ME IN’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the COUNT ME IN. All other trademarks not owned by the COUNT ME IN or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the COUNT ME IN or its affiliates.
j) AFFILIATE DISCLOSURE.
In most (not all) cases COUNT ME IN will receive an affiliate commission when recommending a product, program, or service. You will NOT pay more when buying a product or service through COUNT ME IN affiliate link and we ONLY recommend products and services that we trust.
II. User Public Forum Submission/Participation Policy and Terms
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. COUNT ME IN has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
b) YOUR PARTICIPATION/CONTRIBUTION REQUIRES CONSIDERATION.
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the COUNT ME IN specifically notes otherwise (for example, in the rules for a particular forum).
c) CONFIDENTIAL OBLIGATIONS.
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with COUNT ME IN that requires you to maintain the confidentiality of certain material or information of COUNT ME IN. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which COUNT ME IN has required you to preserve as confidential.
d) GRANT OF RIGHTS.
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of COUNT ME IN or other information you are required to preserve as confidential by COUNT ME IN, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted COUNT ME IN, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that COUNT ME IN may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
e) NO OBLIGATION TO MONITOR.
COUNT ME IN does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, COUNT ME IN reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in COUNT ME IN’s sole discretion.
f) NO OBLIGATION TO REMOVE.
COUNT ME IN is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that COUNT ME IN shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with COUNT ME IN with differing terms or COUNT ME IN has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
g) NO ENDORESEMENT.
COUNT ME IN does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
h) COUNT ME IN’S RIGHT TO ACT.
If COUNT ME IN discovers communications which allegedly do not conform to any terms and conditions of this Site, COUNT ME IN may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. COUNT ME IN will have no liability or responsibility for performance or non-performance of such activities. COUNT ME IN reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, over which COUNT ME IN has absolutely no control.
III. Physical Product Purchases
a) SHIPPING METHODS.
Products shipped by COUNT ME IN may be shipped by UPS Standard or by any other method in the discretion of COUNT ME IN. A shipping charge may be imposed.
* Orders shipped to PR may be subject to a duty tax.
* Most orders require at least 24-72 hours processing time before shipping.
* COUNT ME IN does not process orders during weekends.
* No deliveries will be made on Saturday or Sunday.
* COUNT ME IN does not guarantee same day shipping.
* All orders may be subject to sales tax.
* Exact delivery times to any location cannot be guaranteed.
b) SALES TAX.
Sales tax is only required for select orders, and will be explicitly noted if applicable to your order.
c) DUTY TAX.
It is your responsibility to calculate the amount of Customs/Duty that will be applied to your purchase by the Customs Office in your country.
d) PRODUCT LISTINGS.
COUNT ME IN strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, COUNT ME IN shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from COUNT ME IN are provided as resources to customers looking for additional information and/or professional opinion. COUNT ME IN does not assume responsibility for the claims and/or representations made on these or any other websites.
e) PRODUCT REVISIONS.
COUNT ME IN is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases COUNT ME IN acts as a distributor for others. In the interest of our customers, COUNT ME IN puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, colour deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, COUNT ME IN relies on the manufacturer of a product to communicate these differences. We may not have a way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, COUNT ME IN will not be held responsible for product revision changes.
IV. Product and Service Purchase Agreement
By accepting delivery of any product or service delivered from COUNT ME IN, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and COUNT ME IN agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the COUNT ME IN. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from COUNT ME IN.
a) PRODUCT ISSUES.
If you have problems or concerns regarding the COUNT ME IN or your purchases, you may contact us by emailing us at email@example.com
ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”.
COUNT ME IN MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. COUNT ME IN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY COUNT ME IN ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COUNT ME IN, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
c) LIMITATION OF LIABILITY.
IN ALL CIRCUMSTANCES COUNT ME IN’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COUNT ME IN SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COUNT ME IN SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COUNT ME IN HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
d) CUSTOMER AGREES TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE.
Customer acknowledges that the products and services sold by COUNT ME IN are the confidential and proprietary information and property of COUNT ME IN. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the COUNT ME IN by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of COUNT ME IN, even if for free.
Customer agrees that no one may use these products and/or services in any manner without the written approval of COUNT ME IN, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from COUNT ME IN. Anyone viewing or otherwise utilizing the products of COUNT ME IN by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that COUNT ME IN discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by COUNT ME IN remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from COUNT ME IN, unless authorized and therefore represented by their parent or legal guardian.
e) AUTHORIZATION OF PURCHASE MAJEURE.
If you order anything you are additionally agreeing to pay the amounts set forth therein, that the COUNT ME IN may charge your credit card for such amounts, and that you agree to the terms set forth on that webpage in addition to these Terms and Conditions.
f) GENERAL TERMS AND CONDITIONS. GENERAL
1. Payment Terms; Orders:
An order is not binding upon COUNT ME IN until it is accepted. COUNT ME IN must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with COUNT ME IN. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
2. Shipping Charges:
Your total cost for purchase of any product will include shipping and handling charges shown on the COUNT ME IN invoice.
3. Title; Risk of Loss:
COUNT ME IN will arrange for shipment of ordered product(s) to you, the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) – excepting software- and risk of loss passes to you upon delivery to the carrier. COUNT ME IN reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow COUNT ME IN to sign appropriate documents on your behalf to permit COUNT ME IN to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. COUNT ME IN will advise you of estimated shipping dates, but COUNT ME IN will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
4. Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between COUNT ME IN and yourself shall be governed by the laws of the Province of Ontario, without regard to conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. COUNT ME IN and you consent to the exclusive jurisdiction and the exclusive venue of the Courts of the Province of Ontario, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against COUNT ME IN that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Ontario law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
7. Entire Agreement:
V. Special Notice Regarding Children Under 13
A SPECIAL NOTE TO CHILDREN UNDER 13 YEARS OF AGE
YOU MUST BE 13 YEARS OF AGE OR OLDER TO REGISTER WITH OUR SITE. PLEASE DO NOT REGISTER IF YOU ARE UNDER 13 YEARS OF AGE.
We recognize the sensitivity of personally identifiable information concerning children under the age of 13 and therefore provides this special notice. COUNT ME IN is committed to complying with all applicable laws and regulations regarding children, including the Children’s Online Privacy Protection Act (“COPPA”). Except in limited circumstances allowed by COPPA, COUNT ME IN will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13 without first obtaining consent from that child’s parent or legal guardian.
If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, COUNT ME IN will make reasonable efforts to remove the information from its active list, at your request. To request the removal of your child’s information, please send an e-mail to firstname.lastname@example.org and be sure to include in your message the same User Name and password and/or e-mail address that your child submitted.
COUNT ME IN encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the COUNT ME IN Web sites and the Internet generally.
VI. REFUND POLICY
Due to limited seating at our live events, there are no refunds for event tickets and programs that require physical attendance.
VII. CONTACT US
The address and phone number for the COUNT ME IN is:
Count Me In Youth Initiative Inc.
1136 Centre Street, Unit 259
Vaughan, Ontario, L4J 3M8
You can reach our community support team by calling us at
or by email at: email@example.com
Privacy matters can be addressed to us by emailing us at: