Terms of Service

Rev 1.02 - Date: 4.3.2009

This Terms of Service is a legal contract between Effect Web Agency, 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® Web site, 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.

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 30 days from the start of the new Service Period (the 30th 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.

The normal monthly rate applies to Web sites 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 Web site 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® Web site: http://www.statsadvisor.com/ .

License

Subject to the terms and conditions of this Agreement, StatsAdvisor® grants you a revocable, non-exclusive, non-transferable license to include the StatsAdvisor®-provided java script code, the "Script", in your Web site that is registered for this Service and owned by you and you may view your reports on the StatsAdvisor® Web site.

Member Account and Security

In order to activate your service, you must complete the sign up process on the Web site 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.

From time to time, StatsAdvisor® may determine it necessary to access your account to update settings, test and review reports, and other maintenance reasons. You acknowledge and consent to this access.

To cancel your account, you must contact us using the form on this page: http://www.statsadvisor.com/ /help_better_website_roi.php, stating clearly that you wish you cancel your account and providing the last four digits of your credit card number on file with StatsAdvisor®.

Term and Termination

Either party may terminate this agreement at any time and for any reason. In the event that you fail to comply with the terms of this Agreement or if you remove the StatsAdvisor® Script from your web pages, this agreement will terminate immediately, without notice. Upon termination, you will remove all instances of the StatsAdvisor® "Script" from your Web page(s); any outstanding balance payable by you will become immediately due; and any and all tracked data will be permanently deleted from the StatsAdvisor® database. StatsAdvisor® may retain tracking information at its discretion.

Privacy

You agree to comply to all applicable laws relating to the collection of information from people on your Web site(s). We reserve the right to use the data collected on your Web site 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 Web site in any way.

Intent of Use

By using the Service, you agree that you solely using the Service for Web site 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.

Admonitions for International Use

Due to the global nature of the Internet, you agree to comply with all local rules and regulations for online conduct and acceptable content.

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