The HowManyVisitors.com website is owned and operated by Almost Next L.L.C. ("HowManyVisitors.com", "Almost Next", "We", or "Us") and contains proprietary software that allows any website to access statistics related to its visitors. By implementing the service for a website, you agree that you are authorized to accept these terms on behalf of the website's legal owner. This agreement is made and entered into by and between you and HowManyVisitors.com. You agree to accept notices sent electronically, including by email and online notices posted on the website.
Subject to the terms and conditions of this agreement, HowManyVisitors.com grants you a non-sublicensable, non-transferable, non-exclusive, revocable, limited license to use certain proprietary software and related documentation.
Nothing in this agreement grants you any rights pertaining to the source code of HowManyVisitiors.com's software. All ownership rights, title, and intellectual property rights shall remain in HowManyVisitors.com and/or its licensors.
You agree that HowManyVisitors.com has the right to alter its services, including adding, changing, or discontinuing features, at any time, without notice. You agree to be responsible for the acts and/or omissions of any third party using the service through your account.
You agree not to, or allow others to adapt, alter, modify, decompile, translate, make derivative works, disassemble, or reverse engineer the service, except to the extent applicable laws specifically prohibit such restriction or where specifically in accordance with HowManyVisitors.com's terms. You further agree not to copy the software, or to transfer, sublicense, loan, sell, or lease it, or otherwise commercially use or exploit the service.
You agree not to use HowManyVisitors.com in violation of any applicable regulation or law or ship, divert, trans-ship, transfer, export or re- export the Service or any component thereof into any country or use it in any manner prohibited by any export control laws, restrictions, or regulations administered by the U.S. Commerce Department's Bureau of Export Administration, the U.S. Department of Treasury's Office of Foreign Assets Control or any other applicable government agency.
You agree to
- Use the service only for lawful purposes and only in compliance with any policies posted to or affiliated with your website
- Not use the service in a way that prevents or inhibits others from deriving the maximum benefit from the service
- Not remove, obscure, or alter any notices or indications of intellectual property rights, any trade names, trademarks, service marks, logos, trade dress, or any other distinctive or proprietary symbols
- Not interfere with, or attempt to interfere with, the system integrity, security, or normal operations of HowManyVisitors.com
- Not attempt to decipher transmissions to HowManyVisitors.com or in any other way gain access to data that is contained in an account that you do not have permission from the owner to access
- Not take any action that imposes an unreasonable or disproportionately large load on our infrastructure
- Not transmit to HowManyVisitors.com or store through HowManyVisitors.com any personally identifiable or sensitive data about site visitors (e.g., email address, username, first name, social security number, password)
You agree to allow content posted using the service to be collected, aggregated, and anonymously integrated into HowManyVisitors.com, and that we will use aggregated data collected from you and other users for statistical and analytical reporting purposes. By allowing the HowManyVisitors.com code to be placed on your website, you hereby grant us a nonexclusive, irrevocable during the term of this agreement, royalty-free license to perform, or have performed, these activities.
HowManyVisitors.com makes no warranty of any kind, whether express, implied, statutory, or otherwise. The service is provided "as is" and "as available." You assume all risk for your use of the service. In no event does HowManyVisitors.com guarantee improved website traffic or any other results. Nor do we guarantee that the statistics we display are accurate or that our code is error- or bug-free, that your use of the service will be uninterrupted, or that the service will not negatively affect other software or hardware. This section applies to the maximum extent allowed by applicable law.
4. Limitation of liability
In no event will HowManyVisitors.com and its officers, directors, employees, agents or representatives be liable for any damages related to or arising from your use, misuse, or inability to use the service, including but not limited to damages for lost data, lost profits, personal injury, property damage, or costs of procuring substitute goods. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
In no event shall HowManyVisitors.com's liability exceed the total sum of monies paid from you to us as consideration for use of the service during the twelve months immediately preceding the event giving rise to such liability.
5. Revisions and Errata
The materials appearing on HowManyVisitors.com's web site could include technical, typographical, or photographic errors. HowManyVisitors.com does not warrant that any of the materials on its web site are accurate, complete, or current. HowManyVisitors.com may make changes to the materials contained on its web site at any time without notice. HowManyVisitors.com does not, however, make any commitment to update the materials.
HowManyVisitors.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HowManyVisitors.com of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to HowManyVisitors.com's web site shall be governed by the laws of the State of Iowa without regard to its conflict of law provisions.
9. Refunds and Billing
No refunds shall be issued after payments have been collected. Because we do not sell physical goods, there are no returns of shipped goods.
Recurring charges are billed monthly after the date of the first charge, after any free trial periods have expired, unless otherwise specified. Charges for pageviews that are not included in your plan and for any usage-based fees specified in your plan will be recalculated (and made available to you via this site) at least once per week. Charges will typically be billed on your usual monthly renewal date. However, HowManyVisitors.com may choose to bill you for additional fees that you have already incurred before your monthly renewal date for any reason, including but not limited to a significant increase in our infrastructure costs due to your increased usage.