Terms and Conditions
Agreement between User and wwww.counterpointconsulting.com
Welcome to wwww.counterpointconsulting.com. The wwww.counterpointconsulting.com website
(the "Site") is comprised of various web pages operated by Counterpoint Consulting.
wwww.counterpointconsulting.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
wwww.counterpointconsulting.com constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
wwww.counterpointconsulting.com is an E-Commerce Site.
Your use of wwww.counterpointconsulting.com is subject to Counterpoint Consulting's Privacy
Visiting wwww.counterpointconsulting.com or sending emails to Counterpoint Consulting
constitutes electronic communications. You consent to receive electronic communications and you
agree that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
Children Under Thirteen
Counterpoint Consulting does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use
wwww.counterpointconsulting.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
wwww.counterpointconsulting.com may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of Counterpoint Consulting and Counterpoint Consulting is
not responsible for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Counterpoint Consulting is providing
these links to you only as a convenience, and the inclusion of any link does not imply endorsement
by Counterpoint Consulting of the site or any association with its operators.
Certain services made available via wwww.counterpointconsulting.com are delivered by third
party sites and organizations. By using any product, service or functionality originating from the
wwww.counterpointconsulting.com domain, you hereby acknowledge and consent that
Counterpoint Consulting may share such information and data with any third party with whom
Counterpoint Consulting has a contractual relationship to provide the requested product, service or
This is a RocketLawyer.com document. Page 1 of 5
functionality on behalf of wwww.counterpointconsulting.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
of your use of the Site, you warrant to Counterpoint Consulting that you will not use the Site for
any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Counterpoint Consulting
or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Counterpoint Consulting content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Counterpoint Consulting and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Counterpoint Consulting or our licensors except as
expressly authorized by these Terms.
The Service is controlled, operated and administered by Counterpoint Consulting from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Counterpoint Consulting
Content accessed through wwww.counterpointconsulting.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Counterpoint Consulting, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Counterpoint Consulting reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Counterpoint Consulting in asserting any available defenses.
This is a RocketLawyer.com document. Page 2 of 5
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Counterpoint Consulting agree otherwise, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any form
of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. COUNTERPOINT CONSULTING AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
COUNTERPOINT CONSULTING AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. COUNTERPOINT CONSULTING AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
This is a RocketLawyer.com document. Page 3 of 5
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL COUNTERPOINT CONSULTING AND/OR ITS SUPPLIERS 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 THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF COUNTERPOINT CONSULTING OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Counterpoint Consulting reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia
and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Counterpoint Consulting as a result of this agreement or use of the Site. Counterpoint
Consulting's performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Counterpoint Consulting's right to comply
with governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Counterpoint Consulting 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
This is a RocketLawyer.com document. Page 4 of 5
and Counterpoint Consulting with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Counterpoint Consulting with respect to the 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. It is the
express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Counterpoint Consulting reserves the right, in its sole discretion, to change the Terms under which
wwww.counterpointconsulting.com is offered. The most current version of the Terms will
supersede all previous versions. Counterpoint Consulting encourages you to periodically review
the Terms to stay informed of our updates.
Counterpoint Consulting welcomes your questions or comments regarding the Terms:
8300 Boone Blvd
Vienna, Virginia 22182
Effective as of January 14, 2019