USER AGREEMENT AND WAIVER OF NEGLIGENCE AND COMPLETE RELEASE OF LIABILITY
Last Revised October 10, 2011
Please read the User Agreement carefully:
You can access this User Agreement and Waiver of Negligence and Complete Release Of Liability any time at http://www.peacounter.com/terms.html. Your use of and/or registration on any aspect of PeaCounter.com will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use PeaCounter.com.
The User Agreement and Waiver of Negligence and Complete Release Of Liability may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of PeaCounter.com by you will constitute your acceptance of any changes or revisions to the User Agreement and Waiver of Negligence and Complete Release Of Liability.
By checking the box, you agree, warrant and covenant the PeaCounter.com Waiver of Negligence and Complete Release of Liability.
COMPLETE RELEASE OF LIABILITY; DISCLAIMER OF WARRANTIES. PeaCounter.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from or arising out of (a) the use or the inability to use PeaCounter.com or (b) for the cost of procurement of substitute goods and services or (c) resulting from any goods or services purchased or obtained or transactions entered into through PeaCounter.com or (d) resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if PeaCounter.com has been advised of the possibility of such damages. You expressly agree that use of PeaCounter.com is at your sole risk. PeaCounter.com is provided on an "as is" and "as available" basis. PEACOUNTER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PeaCounter.com makes no warranty that the PeaCounter.com sites' services will be uninterrupted, secure or error free. PeaCounter.com does not guarantee the accuracy or completeness of any information in, or provided in connection with, the PeaCounter.com site. PeaCounter.com is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of PeaCounter.com is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data. You understand and agree that PeaCounter.com is not responsible for the accuracy of the nutrition data provided on PeaCounter.com, that the nutrient information is based on the USDA National Nutrient Database for Standard Reference, but that data is not guaranteed for accuracy. Some of the nutrient data is estimated by the USDA while other nutrient information is missing. Further, you understand and agree that PeaCounter.com bases its goals on the National Academies' Dietary Reference Intakes, Estimated Energy Requirements, and Total Energy Expenditures, and that PeaCounter.com cannot be held responsible for any action taken or not taken by the user or any related parties based on this information.
INDEMNIFICATION. You agree to indemnify and hold each of PeaCounter.com and its officers and employees harmless from any liability claim or demand, including reasonable attorneys' fees, made by any third party due to, relating to in any way, or arising out of your use of PeaCounter.com, including any liability arising out of or relating in any way to the negligence or alleged negligence of PeaCounter.com.
Applicable Law; Consent to Jurisdiction. The PeaCounter.com site (excluding linked sites) is controlled by Jack Norris, RD from within the State of California, United States of America. By registering, both you and PeaCounter.com agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to this registration, this Waiver of Negligence and Complete Release of Liability, or other use of the PeaCounter.com. You agree that exclusive jurisdiction for any dispute with PeaCounter.com or or its affiliates, subsidiaries, employees, contractors, officers, or directors resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving PeaCounter.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Severability. If any provision of this Waiver of Negligence and Complete Release of Liability shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver of Negligence and Complete Release of Liability and shall not affect the validity and enforceability of any remaining provisions.
I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I am aware that this is a RELEASE OF LIABILITY and a contract between me and PeaCounter.com and all of their respective officers, directors, employees, agents and representatives, and I sign of my own free will.
I HAVE READ, UNDERSTOOD, AND AGREE TO THE ABOVE.