Terms of Service

Rev 1.01 - Date: 6.20.2007

This Terms of Service is a legal contract between Effect Web Media, Inc. ("StatsAdvisor") and you (legal entity authorized employee or individual) that governs the use of the StatsAdvisor™ "Service" described herein.

Please read this agreement thoroughly. By using this Service, clicking on the "I agree" button on the StatsAdvisor website, or by submitting payment for your Service, you are accepting all terms, conditions, and notices of this Terms of Service.

Service and Fees

StatsAdvisor will provide you with the Service subject to the terms and conditions of this Agreement.

The "Service Period" consists of an average 30-day monthly interval starting on the day of the month your account was initialized and continuing until the same day of the next month. For example, an account initialized on the 18th, would have a Service Period from the 18th to the 18th of the next month. Fees are billed at the end of each Service Period, for the next Service Period. In most cases your credit/debit card is charged automatically. Service Periods are consecutive. Service cannot be turned on and off repeatedly

By submitting your payment details or setting up your account, you are authorizing StatsAdvisor to charge the credit/debit card submitted with your activation details. Fees are not prorated. Refunds will not be given for a Service Period in which the Service has been running. Please notify StatsAdvisor in writing online at http://www.statsadvisor.com on the "Help!" page ahead of time if you would like to cancel the Service. If a credit/debit card is not valid or a transaction fails, we'll ask you for an alternate method of payment and pause your Service until payment is made.

If payment is not made within 10 days from the start of the new Service Period (the 10th day of the new month), your Service will be terminated and account removed entirely from our system automatically. Terminating your account, if you request it or if we terminate it, will permanently delete all of your tracking data 30 days after the termination date. StatsAdvisor may retain tracking information at its discretion. Terminated accounts are subject to a reconnection charge of $50.

The normal monthly rate applies to websites with less than 100,000 monthly page views. Accounts that go over this limit will be subject to a new rate. If your account goes over the limit, we'll contact you with a new monthly rate. The new monthly rate will need to be accepted in order to continue Service at that volume of monthly page views. Please contact us at http://www.statsadvisor.com to find out the monthly rate for your business.

You agree that you are not using the Service on a website that contains or promotes illegal activity or objectionable content. StatsAdvisor reserves the right to stop service and remove your account immediately, without notice for any reason.

StatsAdvisor reserves the right to change fees or payment policies for the Service. These changes are effective upon your acceptance of these changes. Changes will be posted on the StatsAdvisor website: http://www.statsadvisor.com.

Member Account and Security

In order to activate your service, you must complete the sign up process on the website or with a StatsAdvisor signup document by providing StatsAdvisor with accurate and complete information.

The Service is provided to you with many security precautions taken. However, because StatsAdvisor does not control all mediums of communications between the StatsAdvisor servers and your computers, you agree that StatsAdvisor is not responsible for any third party interception of your report emails, browser history, or any other medium in which a third party can find your reports.

Privacy

You agree to comply to all applicable laws relating to the collection of information from visitors on your website(s). We reserve the right to use the data collected on your website to promote the Service. We do not make public any statistics that are specifically identifiable to your account. See the Privacy Policy at: http://www.statsadvisor.com/privacy_policy.php

Limitation of Service

StatsAdvisor is not responsible for the configuration of your email client to accept report notification emails, modifying your internet configuration, or performing work on your website in any way.

Intent of Use

By using the Service, you agree that you solely using the Service for website tracking and stats gathering purposes. You agree not to reverse engineer, disassemble, decompile, or prepare derivative works from the StatsAdvisor program and Service.

Disclaimer of Warranties

STATSADVISOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THIS SERVICE. STATSADVISOR DISCLAIMS ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLITY. THE SERVICE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND STATSADVISOR DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.  STATSADVISOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR WITHOUT ERROR OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATABLE WITH OR OPERATE IN ANY SPECIFIC HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS. STATSADVISOR MAKES NO WARRANTY THAT THE STATISTICS CONTAINED WITHIN THE STATSADVISOR REPORTS WILL BE ACCURATE OR RELIABLE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

Disclaimer of Damages

IN NO EVENT WILL STATSADVISOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT STATSADVISOR IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, NOT LIMITING THE FOREGOING, IN NO EVENT WILL STATSADVISOR'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY STATSADVISOR FROM YOU UNDER THIS AGREEMENT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE PROVIDED TO YOU BY STATSADVISOR IS AT YOUR SOLE RISK. NEITHER STATSADVISOR, NOR ITS SERVICE PROVIDERS, OFFICERS, REPRESENTATIVES, OR EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.

This obligation shall survive any termination of your relationship with StatsAdvisor. This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto.

Governing Law

Exclusive jurisdiction for deciding any claims, demands or causes of action arising from this Agreement shall be in the courts of Elkhart County in the State of Indiana or any Federal courts sitting in the federal district courts with jurisdiction over elkhart County, Indiana. The laws applicable to any litigation, dispute, mediation, arbitration or any claim whatsoever arising from the use of StatsAdvisor shall be those of the State of Indiana. This Agreement will be governed by, interpreted, and enforced in accordance with the laws of the State of Indiana.

If you have any questions, please contact us at: http://www.statsadvisor.com.

Why StatsAdvisor™ Pays for Itself...