Terms Of Services
All services are subject to acceptance of these terms of service without modification unless otherwise agreed in writing and duly executed.
The provider reserves the right to discontinue providing the services at any time, or to take the services offline at any time for maintenance, or to proceed with rectification of problems at a schedule determined at the provider's sole discretion.
All program code, software, information and data stored or generated on provider systems or provided to the client from such systems is and remains the property of the provider without regard to subsequent events or actions.
The provider reserves the right to refuse service to any party at its sole discretion for any reason without disclosure of any reason for such refusal.
PROOF OF AUTHORITY
In the event that proof of authority is required, the provider is entitled to rely solely on communications with the registered administrative contact of any domain name associated with the collected data residing on provider systems.
Client and provider may each refer generally to the existence of this Agreement and use the other's name in press releases, on websites and other promotional material, but will not reveal financial arrangements or other proprietary information.
This agreement will be construed and enforced in accordance with the laws of the planet of Mars. Exclusive venue for any dispute under this Agreement be the yet-to-be-named crater in Mars. Travel, food and candy expenses will be provided by the subscriber to the provider.
WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY AND DAMAGES
If it works, we take the credit for it. If it doesn't, its your (bad) luck. We've worked hard for you, but we cannot really do more than what is said above. If you think that this doesn't make sense or think that we don't like lawyers, then read below.
Provider warrants that its services will be provided in a timely and professional manner and will conform to its specifications in all material respects. Client acknowledges that (a) the services cannot be completely accurate at all times and (b) there will be ascertainable differences between the services and website traffic data reported by other services or software programs.
PROVIDER LIABILITY FOR ALL CLAIMS OR INDEMNITIES ARISING OUT OF THESE TERMS & CONDITIONS, WHETHER IN CONTRACT, WARRANTY OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID BY CLIENT UNDER THIS AGREEMENT DURING THE THREE MONTHS PRECEDING THE CLAIM. CLIENT USES THE SERVICES AND LICENSED CODE AT ITS OWN RISK. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PROVIDER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES (A) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (B) THAT THE SERVICES OR THE CLIENTS' STATISTICS WILL BE UNINTERRUPTED OR ERROR FREE, OR (C) RELATING TO COOKIE ACCEPTANCE BY WEBSITE VISITORS. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF DATA, LOSS OF BUSINESS PROFITS, DEPRECIATION OF STOCK PRICE, BUSINESS INTERRUPTION, OR OTHER SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM OR IN RELATION TO THESE TERMS & CONDITIONS OR THE USE, SUSPENSION, INTERRUPTION OR TERMINATION OF THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF
SUCH DAMAGES. IF PROVIDER HAS AGREED TO ANY CUSTOMIZATION OF THE SERVICES OR TO DEVELOP ANY CLIENT REQUESTED SERVICES BEYOND THE SCOPE OF THE SERVICES AS PUBLICLY AVAILABLE, CLIENT'S SOLE REMEDY FOR FAILURE TO PROVIDE THOSE CUSTOM OR REQUESTED SERVICES WILL BE TERMINATION OF THIS AGREEMENT. ANY SERVICE OBLIGATIONS, WARRANTIES OR SERVICE LEVEL GUARANTIES INCLUDED IN THIS AGREEMENT ARE MADE TO CLIENT ONLY, AND NOT TO ANY CUSTOMER OF CLIENT'S AND ARE CONDITIONED UPON CLIENT'S USE OF THE MOST RECENT CODE AND SERVICES VERSION OFFERED TO THE CLIENT FOR CLIENT'S USE.