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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
- Your name and address;
- The date of the transaction;
- The amount you are claiming, which cannot exceed $50 per credit card;
- Any invoice number or confirmation email you received from us regarding the
charge; and
- 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.
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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.
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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:
- A description of the work you believe has been infringed;
- A description of its location on the site;
- Your address, telephone number and email address;
- A statement that you have a good faith belief that the use is, in fact,
infringing;
- 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
- 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.