Thank you for visiting our Web site.

1. Account information and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.

2. As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant to kounterattack.com that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

3. This Web site contains one or more of the following interactive services: bulletin boards, news groups, forums, communities and/or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, news groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will not:

• a. Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.
• b. Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.
• c. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• d. Advertise any goods or services for any commercial purpose.
• e. Offer to sell any goods or services for any commercial purpose.
• f. Conduct or forward chain letters or pyramid schemes.
• g. Download for distribution in any manner any file posted by Kounterattack LLC that you know, or reasonably should know, cannot be legally distributed in such manner.
• h. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• i. Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.
• j. Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities.

4. Kounterattack.com has no obligation to monitor the bulletin board services, news groups, forums, communities and/or other message or communication facilities. However, we reserve the right at all times to disclose any information deemed by us necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

5. You acknowledge that communications to or with bulletin board services, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. We do not control or endorse the content, messages or information found in any bulletin board services, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation.

6. If you send any communications or materials to the Web site by electronic mail, postings to discussion forums or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material. Any material submitted to this Web site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by us anywhere in the world, in any medium, forever. We may also remove any submissions in our sole discretion or in response to a complaint. Furthermore, we are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Web site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you understand and agree that we are not obligated to use any such ideas or materials and you have no rights to compel such use.

7. In consideration of your use of the Web site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the form for your account information and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web site.

8. The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Kounterattack.com may make improvements and/or changes in this Web site at any time.

9. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

10. Our site contains links to other Web sites. We are not responsible for the content of these sites. Links from this site to any other site do not mean that we approve of, endorse or recommend that site, other than the sites of affiliates. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against us with respect to such other sites.

11. DISCLAIMERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• a. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANT OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
• b. WE DO NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
• d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
• e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY. IN NO EVENT SHALL KOUNTERATTACK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

13. WAIVER OF JURY TRIAL. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

14. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Web site, your use of the Web site, your connection to the Web site, your violation of the terms of service, or your violation of any rights of another.

15. This agreement is governed by the laws of the State of New York, U.S.A., without regard to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

16. We make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

17. We reserve the right in our sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice.

18. We reserve the right to change the terms, conditions, and notices under which this Web site is offered. BY USING THIS SITE AFTER WE POST ANY CHANGES TO THIS POLICY, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.

19. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and kounterattack.com as a result of this agreement or use of this Web site.

20. The performance of this agreement by us is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

21. This agreement constitutes the entire agreement between the user and kounterattack.com with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

22. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

• a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• b. a description of the copyrighted work that you claim has been infringed;
• c. identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
• d. your address, telephone number, and email address;
• e. a statement by you that you have a good faith belief that the disputed use is authorized by the copyright owner, its agent, or the law; and
• f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

Our agent for notice of claims of copyright infringement on the Web site can be reached at:

Marc Clapham
Kounterattack LLC
636 Broadway, Suite 1119
New York, NY 10012
Telephone number: (646) 536.3536

We reserve all rights not expressly granted herein.
Any inquiries concerning these terms and conditions of use should be directed to Marc Clapham, (646) 536.3536.

This site is owned and operated by Kounterattack LLC. At kounterattack.com, the privacy and security of your personal information is of the utmost importance to us. We want to make your experience online satisfying and safe.

Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This Privacy Policy discloses what information we gather and how we use it. This Policy is a part of and is subject to the Terms and Conditions of Use. Please read this Policy (including our Terms and Conditions of Use) carefully.

Please note that kounterattack.com is intended for use by United States residents only and, therefore, this Policy is specifically directed only towards residents of the United States.

What information does this site collect about you and how is it used?

kounterattack.com collects only the IP address, cookie ID and information that you provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters and email updates, to participate in our discussion forums, to order merchandise, to make donations and to participate in polls and surveys.

When you register to join kounterattack.com we will ask you for information such as your name, email address, user id, password, gender, age, and zip code. When ordering products on the site, you may be asked to provide a mailing address, credit card number and other billing information.

We offer the following free services, which require some type of voluntary submission of personal information by users:

Emails updates and electronic newsletters. We provide a free electronic newsletter to our users and we periodically send emails to our users informing them of updates or other information that may be of interest to users of the site. We collect the email addresses of users at the time of registration. If you supply us with your email address, and thereafter you do not want to receive emails or newsletters from us, you may opt-out of the service. See the 'Opt-out' section below for how to un-subscribe from these services.

Discussion forums. In order to participate in our discussion forums, you will need to provide some personal information such as a user-name, password, and email address. This information will be requested at registration. As with any other service on our site, you may choose to opt-out of this service at any time.

Kounterattack.com conducts research on our users' demographics, interests, and behavior based on the information you provide us when you register, participate in a poll or survey, or from our server log files. We compile and analyze this research to better understand our users, improve your overall experience when using our service and to provide our sponsors and advertisers with relevant aggregate data. Because we derive our revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our service free to users. From time to time, we may also collect information via surveys. Survey information will also be used on an aggregated basis. We keep all of your personal information private and will not share it with any third party.

Who do we share this information with?

Kounterattack.com uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience's demographics. This is essential to keeping our service free. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.

Kounterattack.com is a project of the Kounterattack LLC. We may share the above-described information with other projects of the Kounterattack LLC, in order to notify you of important notices or future Web sites and services that we think will be of interest to you, subject to the terms and conditions of this Policy .

We do retain the right to share and transfer all user information with any successor entity of the Kounterattack LLC if that successor entity agreed to abide by the terms of this Policy.

In the future, members may be able to purchase goods from us through a third party service provider. In order to process the purchase orders, the third party service provider may need to collect certain information from you. Each service provider's privacy policy will likely differ from ours. We are not responsible for the privacy practices or the content of these sites and all information that you provide to that provider will be subject to its privacy policy.

Security of your information

Kounterattack.com is committed to protecting your personal information. We operate secure data networks protected by industry standard firewall and password protection systems. Only authorized individuals have access to the information provided by our users.

Use of your IP address

The site does not currently collect IP addresses but we may collect IP addresses in the future for the purposes of system administration and for studying how people use our site and how we can improve it.

Use of Cookies

We use cookies to improve your experience at our site. A 'cookie' is a small amount of data that a web site transfers to your computers hard drive for record-keeping purposes. The cookie itself does not contain personal information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. The only personal information the cookie can contain is information you supply yourself. A cookie can not read data off your hard disk or read cookie files created by other sites. You can choose whether or not you accept cookies by changing the settings in your browser. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in discussion forums, polling and surveys.

Children's Privacy

Membership in kounterattack.com is not open to children under the age of 13. Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent. If we obtain actual knowledge that we have collected personal information about a user under the age of 13, we will delete the information from our system.

Opt-out Policy

If you want to stop receiving information from us (such as email updates or newsletters), you can opt out of any service at any time. The choice to opt-out can be done at the time of registration as indicated on the 'Join' page, or at any time thereafter by sending an email to Kounterattack LLC. In addition, all emails and newsletters sent to users by Kounterattack.com will contain information describing how the user can un-subscribe from the service.

Updating or Correcting Your Personal Information

If your personal information changes (such as your e-mail address or zip code), you may update the information by emailing us or by mailing us at: Kounterattack LLC, 636 Broadway, Suite 1119, New York, NY 10012. Please indicate clearly what information needs to be updated or corrected.

Links to Other Sites

Our site contains links to other web sites. We are not responsible for the privacy practices or the content of these sites. We encourage you to review the privacy policies of each site and contact the providers directly if you have any questions about their privacy policies.

Contacting Our Site

If you have any questions about this Policy, the practices of this site, or your interactions with this site, you can contact:

Marc Clapham
Kounterattack LLC
636 Broadway, Suite 1119
New York, NY 10012
Telephone number: (646) 536.3536

Your Consent to this Privacy Policy

By using this site, you consent to the collection and use of this information by kounterattack.com and the Kounterattack LLC. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

If you feel that our site is not following its stated privacy policy, you may contact us at the above mailing address.