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Disclaimer and Terms of Use
 

Use and participation in the Amazing Counters web site and service is contingent upon your acceptance of the following terms and conditions. By using our web site or signing up for our service, you accept these terms. In addition, your continued use of our web site or service after a change has been made to the policies of our web site implies your consent to those changes. You must be 13 years of age or older to use this service.

Amazing Counters does not make any warranty, express or implied, with respect to the use of the data, information and/or links provided; does not guarantee the accuracy, completeness, usefulness, or adequacy, of any data, resources, information, product or process accessed through the Amazing Counters' web site or our service and is not responsible for any errors or omissions in the data, resources or information accessed through the Amazing Counters' web site and/or service or the results obtained from the use of such data, resources, information, product, or processes.

In consideration for your use of and access to the Amazing Counters' web site, you agree that in no event will Amazing Counters, its affiliated and related entities, its content providers or any other party involved in creating, producing, or delivering this web site or service, or any site linked to this web site, be held responsible or liable to you or any third party in which you are involved in any manner whatsoever (including, but not limited to, persons [hereinafter, collectively "Amazing Counters and related entities"] who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon, or resulting from any information provided in the Amazing Counters' web site and or service, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through the Amazing Counters' web site, even if you advise Amazing Counters of the possibility of any claims or damages.

You, as a visitor and/or user of the Amazing Counters' web site and/or service, agree to defend, indemnify, and hold harmless Amazing Counters and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys' fees) arising out of your use of the Amazing Counters web site and/or service.

Amazing Counters shall have the right to immediately terminate your use of the Amazing Counters' web site and/or service if Amazing Counters determines, in its sole discretion, that you have violated the Terms of Use set forth above or otherwise breached this agreement, or have engaged in conduct which Amazing Counters determines, in its sole discretion, to be unacceptable.

As a condition of using the Amazing Counters service, you are required to include the sponsor link without modification. If our validation checker is unable to detect your sponsor link on any page where you have a counter installed, your service may be disabled or cancelled and/or your counter image may be replaced by an admonishment, error message, advertisement, or other message.

Amazing Counters shall have the right to discontinue operation of the Amazing Counters' web site and/or service, and destroy any related data at any time, without warning, in its sole discretion.

Amazing Counters does not warrant that the web site or services will be uninterrupted or error-free, that defects will be corrected, or that the Amazing Counters' web site or server that makes such site available is free of viruses or other harmful components. You assume the sole cost of all necessary servicing, repair, or correction.

You assume total responsibility and risk for your use of the Amazing Counters' site and service. Amazing Counters' provides the web site, related information and services "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the web site, service, or any information provided, and Amazing Counters shall not be liable for any cost or damage arising either directly or indirectly from any such use of the Amazing Counters' web site or service.

In no event will Amazing Counters and its related entities be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Amazing Counters' web site, service, or any information, or transactions provided on the service, or any delay of such information or service. Even if Amazing Counters or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information available through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Amazing Counters' liability is limited to the greatest extent permitted by law.

This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This agreement shall be construed in accordance with the laws of the State of California, and the parties consent to the jurisdiction of the courts in the Southern District of California, without regard to its conflict of laws. If any term or provision of this agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this agreement shall continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid, illegal, or unenforceable term or provision will be amended and limited in accordance with the intent of the parties, as determined from the face of this agreement, to the extent necessary to permit the maximum enforceability and/or validation of such term or provision.

 
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