Privacy is the birthright of every American, so we want you
to have clarity about our policy regarding your information and participation
with ConsumersCount.Org. Consumers Count’s site consumercountsorg (the
but the most current version will always be found here. By using the Site, you
our policies may evolve in the future. This policy was last modified on March
What information do we collect?
We store all of the information you provide at the time of registration: your first
name, your last name, your email address, and your ZIP code. We also store any
communication that we have with you regarding the issues you submit. For the
purpose of maintaining our site, we also collect usage information such as your
IP address, the type of browser you use, and the pages you visit.
What about credit
Paypal processes any donations you make. No one sees your
credit card information besides Paypal, not even us.
Our crusade for the Constitutional Rights of every consumer
to have his or her day in court is run on the kindness of strangers. Any financial information (such as credit
card numbers, expiration dates, etc.) that you provide on our website or via
mail is handled with utmost security and privacy. This financial
information is used solely to process your donation, and is not sold to outside
organizations or companies. ConsumersCount takes the utmost care to
protect the safety and security of your online transactions by using
industry-standard encryption and security protocols.
What do we use your information for?
We will use your information to fight for your rights and to build a consumer
movement. We also need your information to properly refer your complaint to the
most relevant agency or law firm so that you, and other Consumers Count members
can turn individual action into mass action to change America one case at a
website and not to information collected offline.
using the information below.
Terms and Conditions
Consumers Count, its affiliates, subsidiaries, and related entities (“Consumers
Count”) makes this website, applications, and services available to you in
exchange for your acceptance of the following terms and conditions. By
accessing the Consumers Count website consumerscount.org, using any of the Consumers
Count applications, or submitting any of your personal information or
complaints to Consumers Count, you agree to accept these terms and conditions
without limitation or qualification.
Consumers Count is here to level the playing field and
help you fight back.
Consumers Count is designed to empower you and other
consumers to redress your complaints against a consumer product or company. The
7th Amendment to the Constitution promises each citizen an
opportunity to have his or her day in court, but over the last decade that right
has literally been stripped away through arbitration clauses, class action
bans, preemption clauses and other crafty end-runs around our rights. Now they have us right where they want
us: alone to fight corporate giants one
on one. Enough!
Consumers Count is about making sure
consumers count and companies take notice.
Count yourself in. Increase the count of consumers similarly abused by a
company and take action to hold that company accountable. File a complaint,
encourage other consumers to join your complaint and make every business know
that Consumers do, in fact, Count.
What happens after I post a complaint?
When you file a complaint, Consumers Count will review your
complaint and determine its eligibility for posting on the Consumers Count
website. If the number of consumers with similar problems reaches a pre-set critical
mass, Consumers Count will target this complaint as one needing mass action. Consumers
Count may even contact the company directly to seek relief for Consumers Count participants
or simply refer the complaint to a private attorney or government agency. The
point is, that with a critical mass of consumers, your complaint cannot be ignored.
Consumers will count. Consumers Count
will empower you by empowering others as well.
Is Consumers Count or consumerscount.org a law firm?
No. Consumers Count is not a law firm. Consumers Count is a
non-profit organization organized in the District of Columbia. Consumers Count
wants to harness your energy and your sense of fairness to take back the VII Amendment.
What the hell does that mean? It means
asserting a right explicitly set forth in the Bill of Rights to the
Constitution of the United States that guarantees your right to a trial by
jury. That’s right. This is a constitutional right that corporate America and
captive judiciary have eliminated and we need to take back. Count yourself in as a consumer who counts.
We not only want you to file a complaint, we want you join our consumer
If and only if a case reaches critical mass, Consumers Count
will refer it to The Consumers Count Litigation Group LLP.
Scope of Use
We hope you intend to use the Site for the purpose it is
intended: to empower you and other like- minded consumers to pursue justice.
But we recognize others may not wish to abide by that mission. This clause is
for you. Users of this Site are granted a non-exclusive, non-transferable,
revocable license (1) to access and use consumerscount.org strictly in
accordance with these terms and conditions; and (2) to use consumerscount.org solely
for internal, personal, non-commercial purposes. Consumers Counts may not be
used for any improper purpose, including the making of any false or misleading
representations about the policies or practices of any individuals or entities,
or your affiliation with any individuals or entities. To the extent you make
any such false or misleading statements through the use of any portion of Consumers
Count website or other platforms, you shall be deemed to have irreparably
harmed Consumers Count. Under such circumstances you agree since such damages
are difficult, if not impossible to calculate in advance, you agree that Consumers
Count shall be entitled to liquidated damages in an amount not to exceed
For those of you who intend to use our Site to pursue your
own commercial interests and did not pay attention to our scope of use, you
should also know that by using this website you also agree not to distribute on
or through the Consumers Count website or applications, or to any persons or
entities identified via the website or applications, any content or material
containing solicitations or advertising of any kind without our express prior
Modifications to the ConsumersCount Website or
ConsumersCount is growing organization and this Site needs
to grow with it. As such, ConsumersCount reserves the right to to modify or
discontinue the ConsumersCount website or applications (or any part of them)
with or without notice. In the event of a modification or discontinuance, all
information submitted by you and others may be lost. You agree to keep a
permanent record of all information provided to us, and you agree that all
information submitted to us is at your sole risk. You agree that we have no
responsibility or liability for the deletion or failure to store any content
maintained or transmitted by you to ConsumersCount, including without
limitation messages and other communications. You agree that we shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of ConsumersCount’s services.
The following stuff
is in bold because it needs to be and is telling you we are not making any
warranties or guarantees about the services provided on this site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF CONSUMERSCOUNT IS AT YOUR SOLE RISK. ALL CONTENT
AND SERVICES PROVIDED BY CONSUMERSCOUNT ARE PROVIDED SOLELY ON AN
"AS-IS/AS-AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, CONSUMERSCOUNT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE OR USE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
CONSUMERSCOUNT MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND
SERVICE PROVIDED BY CONSUMERSCOUNT WILL MEET YOUR REQUIREMENTS, (ii) THE
CONTENT AND SERVICE PROVIDED BY CONSUMERSCOUNT WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONSUMERSCOUNT
WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH CONSUMERSCOUNT
IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.
CONSUMERSCOUNT DOES NOT GUARANTY THE ACCURACY OR
COMPLETENESS OF ANY CONTENT SERVICES AND DOES NOT GUARANTY THAT ANY SERVICES OR
GOODS ASSOCIATED WITH CONSUMERSCOUNT WILL BE ERROR-FREE OR UNINTERRUPTED, OR
THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF CONSUMERSCOUNT IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM CONSUMERSCOUNT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
Disclaimer of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONSUMERSCOUNT SHALL
NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES,
PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER
INTANGIBLE LOSSES (EVEN IF CONSUMERSCOUNT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CONSUMERSCOUNT
PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM CONSUMERSCOUNT;
(iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY THROUGH THE CONSUMERSCOUNT PLATFORM; (v) YOUR FAILURE TO RECEIVE
ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY
OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN
AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION,
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
Copyright/Intellectual Property Rights
You acknowledge and agree that ConsumersCount and any
necessary software used in connection with ConsumersCount may contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. Except for any limited license provided
in these terms and conditions, nothing grants or should be construed to grant
any licenses or rights, by implication, estoppel or otherwise, under copyright
or other intellectual property laws. You agree that all right, title and
interest (including all copyrights, trademarks, service marks, patents and
other intellectual property rights) in ConsumersCount and its content belong to
ConsumersCount, or its licensors, as applicable. No part of the materials
including graphics or logos, available through ConsumersCount may be copied,
photocopied, reproduced, translated or reduced to any electronic medium or
machine-readable form, in whole or in part, without express written permission.
We fully expect that our fight will be met with resistance
by Corporate America. We don’t doubt that to protect their anti-consumer laws,
they may attempt to misuse and abuse consumerscount.org. We will not
unilaterally disarm and give up the protections they continue to claim for
themselves. As such, any disputes arising out of or related to the use of ConsumersCount,
this agreement and/or the relationship between you and ConsumersCount shall be
governed by the laws of the District of Columbia. All disputes will be submitted
to arbitration in Washington, DC and carried out in accordance with the rules
of the American Arbitration Association, until such time as we with your help eliminate
the validity of arbitration clauses in consumer contracts.
You agree to indemnify and hold ConsumersCount, and its
subsidiaries, affiliates, directors, officers, agents, third party contractors
and employees, harmless from all damages, costs, liabilities, and any claim or
demand made by any third party, including reasonable attorney's fees due to or
arising out of content you submit, post to or transmit through the ConsumersCount,
your use of ConsumersCount, your connection to ConsumersCount, your violation
of this agreement, or your violation of any rights of another person, or due to
or arising from such activities carried out by a person using your ConsumersCount
login credentials, with your knowledge.
By using ConsumersCount, you do not acquire any rights to
the ConsumersCount website and/or applications other than the limited license
described above, that can be terminated in accordance with this section. You
agree that we, in our sole discretion, may terminate your password, account (or
any part thereof) or use of ConsumersCount, and remove and discard any content
you submitted to ConsumersCount, for any reason, including, without limitation
lack of use, or if we believe that you have violated or acted inconsistently
with the letter or spirit of this agreement. We may also in our sole discretion
and at any time discontinue providing ConsumersCount, or any part thereof, with
or without notice. You agree that any termination of your access to ConsumersCount
under any provision of this agreement may be effected without prior notice, and
acknowledge and agree that we may immediately deactivate or delete your account
and all related content information and files in your account and/or bar any
further access to such files or ConsumersCount generally. Further, you agree
that we shall not be liable to you or any third-party for any termination of
your access to ConsumersCount.
Waiver and Severability of terms
ConsumersCount’s failure to exercise or enforce any right or
provision of this agreement shall not constitute a waiver of such right or
provision. If any provision of the agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the agreement shall remain in full force
This agreement constitutes the entire agreement between you
and ConsumersCount and governs your use of ConsumersCount, and supersedes any
prior agreements between you and ConsumersCount. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain
other services, affiliate services, third-party content or third-party