Making It Count Terms of Service

Acceptance of Terms and Conditions
Making It Count (“Making It Count”), which provides the MakingItCount.com website (“MakingItCount.com” or the “Website”) is a division of TMP Interactive Inc. d/b/a Monster (TMP Interactive Inc. or the ”Company”). The terms “you” “your” and “User” as used herein refer to all individuals and/or entities accessing the website at any time and for any reason.

our use of MakingItCount.com is governed by the policies, terms, and conditions set forth below (the “Terms of Use”). Please read them carefully. By using this website you indicate your acceptance of, and agreement to be bound by, these Terms of Use as may be modified by the Company from time to time. If you do not agree to these Terms of Use, please do not use this website and do not submit any orders for services on this website.

The Company reserves the right to make changes to this website and to these Terms of Use at any time. Any such modifications will become effective upon the date they are first posted to this website. You should visit this page periodically to review the Terms of Use because they are binding upon you.

In the event of any conflict between these Terms of Use and any prior or subsequent terms or conditions included with any communications, agreement, purchase order, or invoice, whether or not such other terms or conditions are signed by the Company, these Terms of Use shall prevail.

Registration Information
In consideration of your use of the website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse you any and all current or future use of the website or any portion thereof.

Website Content and Copyright
The Company owns this website and authorizes you to view and access a single copy of the content available on or from the website solely for your personal, noncommercial use.

The contents of this website, and of all other websites under the Company’s control, whether partial or otherwise (the website and such other websites are sometimes collectively referred to as “TMP Sites”), such as design, interfaces, music, sounds, text, graphics, images, logos, button icons, software and other content (collectively, “Content”), are protected under both United States and international copyright, trademark and other laws. All Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all Content on this website is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
No material from the website, including but not limited to any Content, may be copied, reproduced, republished, posted, transmitted or distributed in any way, including without limitation the HTML code that the Company creates to generate website Content or the pages making up any TMP Site. The use of any such material for any reason or the modification, distribution or republication of this material without prior written permission from the Company is strictly prohibited. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.

Website Use
General Rules: Users may not use any TMP Site in order to transmit, distribute, store or destroy material, including without limitation Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

TMP Site Security Rules: Users are prohibited from violating or attempting to violate the security of any TMP Site, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any TMP Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses: The Company specifically prohibits any use of the website, and all Users agree not to use the website, for any of the following:

(a) Posting any incomplete, false or inaccurate information or information which is not your own information;

(b) Deleting or revising any material posted by any other person or entity;

(c) Using any device, software or routine to interfere or attempt to interfere with the proper working of any TMP Site or any activity being conducted on this website;

(d) Taking any action which imposes an unreasonable or disproportionately large load on any TMP Site’s infrastructure;

(e) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any TMP Site other than the search engine and search agents available from the Company on such TMP Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer);

(g) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any TMP Site;

(h) Aggregating, copying or duplicating in any manner any of the Content or information available from any TMP Site; and

(i) Framing of or linking to any of the Content or information available from any TMP Site.

User Submissions
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using any TMP Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner to post them; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company reserves the right to expel Users and prevent their further access to the website for violating the Terms of Use or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to User-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of any TMP Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any other User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

We appreciate hearing from our Users and welcome your comments regarding our services and the TMP Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

Company Content Management
The Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available on the website. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use or any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the website.

You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its Users and the public.

You understand that the technical processing and transmission of the website, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Content
Any opinions, advice, statements, services, offers or other information that constitutes part of Content expressed or made available by third parties, including providers, merchants, sponsors, licensors, or any other User of the website, are those of the respective authors or distributors and not of the Company or its affiliates or any of its officers, directors, employees or agents. NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER USER OF THE WEBSITE, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

In many instances, the Content available through the website represents the opinions and judgments of the respective provider, merchant, sponsor, licensor, or User not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability or any opinion, advice, or statement made on the website by anyone other than authorized Company employees. It is the responsibility of the User to evaluate the information, opinion, advice, or other Content available through the website. Under no circumstances shall the Company or its affiliates, or any of its officer, directors, employees, or agents be liable for any loss or damage caused by a User’s reliance on information obtained through the website.

Agent for Notice of Claims of Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or copied to this website and is accessible on this website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring (you must include enough information to allow us to locate the material or the activity);

4. Your name, address, telephone number and, if you have one, your email address;

5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

You can contact as follows with any notices of claims of copyright infringement on our website:
By mail: Making It Count, 10296 Springfield Pike, Suite 500, Cincinnati, OH 45215
By telephone: (513) 772-1188
By email: comments@makingitcount.com

External Sites
This website may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the availability or, or the content located on or through, any External Site and does not make any representations regarding the content or accuracy of materials on such External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

The Company has no control over External Sites and resources, and is not responsible for the availability of such External Sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such External Sites or resources. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such External Site or resource.

Trademarks
Making It Count and Makingitcount.com are service marks of TMP, Inc. All rights reserved.

All other trademarks, product names, company names and logos appearing on the website are the property of their respective owners.

The Company’s logo, trademarks and service marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the Company.

Disclaimer of Warranty and Limitation of Liability
THE COMPANY DOES NOT WARRANT THAT ANY TMP SITE WILL OPERATE ERROR-FREE OR THAT ANY TMP SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY TMP SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE TMP SITES AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

None of the Company, its affiliates, any of its officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensers, or the like, provide any warranty as to the results that may or may not be obtained from the use of the website, or as to the accuracy, reliability, or currency of any information, Content, service or merchandise provided through the website.

Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the website.

No oral advice or written information given by the Company nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, shall create a warranty; nor shall any User rely on any such information or advice.

The Company is not responsible for inaccuracies, printing errors or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any TMP Site or the Content. The use of TMP Sites and specifically the Content of this website is at your own risk. Availability is subject to change without notice. The information, Content, products and services contained or referred to on the website may be changed or updated without notice.

Disclaimer of Consequential Damages
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR DAMAGES RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE’S RECORDS, PROGRAMS OR SERVICES OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY OTHER TMP SITE AND ANY CONTENT) WHETHER BASED ON WARRANTY, TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination of Usage
The Company, at its sole discretion, may terminate your username, password, account (or any part thereof) or use of the website for any reason, including, without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use, for any conduct that the Company, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party provider, a merchant, a sponsor, a licenser, a service provider, or the Company.

TMP Worldwide Inc., TMP Interactive Inc., Making It Count and all of our affiliated companies respect the intellectual property of others, and we ask our Users, registrants and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of this website, you agree not to use the website or any other TMP Site to infringe the intellectual property rights of others in any way. We will terminate the registration and block access to our website and/or the other TMP Sites of any Users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to registrant who is terminated or to the User whose access is blocked.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration with or ability to access this website and the other TMP Sites and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the website or other TMP Site registration.

You agree that any termination of your access to the website under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the website. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Website.

The Company may also in its sole discretion and at any time discontinue providing the website, or any part thereof, with or without notice.

Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or your breach of the terms of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Limitation of Liability
The aggregate liability for the Company to you for all claims arising from the use of the Content or any TMP Site is limited to $100.

Acknowledgement
The Company makes no claims that the website may be lawfully viewed or accessed outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Except as expressly provided in additional terms of use for areas of the website, a particular "Legal Notice," or software license or material on particular web pages, these Terms of Use constitute the entire agreement between you and the Company with respect to the use of the website. These Terms of Use and any applicable policies and procedures of the Company, together with those documents, policies, and procedures expressly referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreement between the parties with respect to such subject matter. This Agreement shall be construed in accordance with and governed by the internal laws of the Commonwealth of Massachusetts without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the Commonwealth of Massachusetts to the rights and duties of the parties. No waiver by either party of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any TMP Site. The Company may freely transfer, assign, or delegate all or any part of its rights and duties hereunder, without the requirement of consent. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. This Agreement will be binding upon and inure to the benefit of the heirs, successor, and permitted assigns of the parties.

Violations
Please report any violations of the Terms of Use.