TIMECOUNTS TERMS OF SERVICE

TIMECOUNTS INC. (“Timecounts,” “we,” or “us”) OWNS AND OPERATES THE WEBSITE LOCATED AT www.timecounts.org (“Website”). THESE TERMS OF SERVICE (“TERMS”) APPLY TO ALL USERS OF THE WEBSITE AND OUR SERVICE (AS DEFINED BELOW). THESE TERMS CONTAIN IMPORTANT RESTRICTIONS AND LIMITATIONS SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, SERVICE OR PROVIDING ANY DATA TO US.

BY SIGNING UP THROUGH FACEBOOK OR THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES. WE MAY MAKE CHANGES TO THESE TERMS FROM TIME TO TIME. IF WE DO, WE WILL POST THEM ON THE HOME PAGE OF OUR WEBSITE AND YOUR CONTINUED USE OF THE WEBSITE WILL BE SUBJECT TO THE REVISED TERMS.

Timecounts is providing its beta platform in "beta mode" to help charitable organizations and people who register through the Website (collectively, “Registered Users”) to meet, exchange ideas, learn, find personing or work opportunities and make decisions in a network of trusted relationships and groups (the “Service”). Since the Service is being tested, it is provided by us with absolutely no warranties or guarantees to the accuracy of the service, security of the data, or stability of any kind.

LICENSE TO USE OUR SERVICE

If You sign up to become a Registered User, We grant to You a limited, personal, non-exclusive, non-transferable license to use our Service for your own use and not for resale or further distribution. Your right to use our Service is limited by all terms and conditions set forth in these Terms. We retain all right, title and interest in and to the Service, including all related intellectual property rights.

Unless expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Service; or (ii) rent, lease or sublicense access to the Service;

INFORMATION COLLECTED

Personal information is information that identifies an individual (“Personal Information”). Timecounts collects certain Personal Information provided by Registered Users during the registration process, such as their name, address, e-mail address, phone number, emergency contact information, age, social media links and websites (“Registration Data”). We use your Registration Data to test, provide and enhance the Service.

Timecounts may provide Registration Data to our subsidiaries, partners, and other affiliated companies for the purpose of processing such information and providing aspects of the Service. We may also share Registration Data when we believe in good faith that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) detect, prevent, or otherwise address fraud, security, or technical issues, or (c) protect against harm to the right, property or safety of Timecounts, its users or the public as required or permitted by law.

DATA OWNERSHIP

Registered Users retain ownership of their Registration Data. However, by using the Service You grant us a worldwide, royalty free, perpetual license to i) use any content, data and information provided by You in connection with the Service; and ii) to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by You.

MESSAGING

By registering to use the Service, you represent and warrant that you will not use the Service to transmit any commercial electronic messages unless you have obtained the necessary consents from the recipients. It is your sole responsibility to ensure that you comply with all applicable laws and regulations regarding commercial electronic messages, including without limitation Canada’s Anti-Spam Legislation and the United States CAN-SPAM Act. We reserve the right to monitor your account and/or investigate any complaints that you are using the Service to send commercial electronic messages in violation of any applicable laws and/or regulations, and to suspend and/or terminate your access to the Service if in our sole discretion we determine that you have used the Service to send commercial electronic messages without complying with the applicable laws and/or regulations.

SECURITY OF PERSONAL INFORMATION

Timecounts uses a variety of security measures, which may include encryption tools, to maintain the safety of any Personal Information. We use commercially reasonable efforts to ensure that Personal Information is stored and maintained in a secure environment. However, we are not in control of or responsible for any errors, omissions or losses in data transmitted through the Website and/or the Service.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIMECOUNTS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TIMECOUNTS DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIMECOUNTS, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TIMECOUNTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIMECOUNTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. IN NO EVENT SHALL TIMECOUNTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TIMECOUNTS HEREUNDER.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any principles of conflicts of law. Any legal action or proceeding between us and You shall be brought exclusively in a court of competent jurisdiction located in Ontario, Canada.

Last Updated: June 2014