Terms & Conditions
3. Revision of Web site. Counterspill may revise or discontinue any feature or aspect of the Counterspill Web site at any time, including, but not limited to, content of the site, availability of the site, and equipment needed for access or use of the site.
4. Trademarks. Counterspill owns all rights to its trademark, logo, and other distinctive identification used in connection with its Web site. All other trademarks and logos used on the Counterspill Web site are the products of their individual owners.
5. Copyright. Counterspill’s Web site contains copyrighted works, trademarks, and proprietary information including, for example, text, images, photographs, artwork, and video. All of this content is property of Counterspill, its advertisers, sponsors, content providers, or other identifiable third parties, and is protected by state, national, and international laws, treaties, and regulations, including but not limited to the laws of copyright, trademark, patent, and trade secret law. Counterspill owns all rights in the design, structure, selection, compilation, assembly, and, arrangement of content in the Web site, as well as the content original to it. You may download copyrighted material for your personal, noncommercial use only, and in any event you are prohibited from making any alterations of or to delete author attribution, trademark information, or copyright notice. You acknowledge that you do not acquire any ownership rights.
8. User Obligations. You represent and warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Counterspill Web site and not interfere with the use and enjoyment of the Counterspill Web site by other users or with Counterspill’s operation and management of the Counterspill Web site. You further represent and warrant that you will not use the Counterspill Web site for any unauthorized or illegal purpose or activity.
9. Third Party Content; Advertisements. From time to time, content on the Counterspill Web site will be supplied by third parties. This content may include articles, press clippings, opinions, advice, statements, or other information. Any such content is that of the respective third party and not of Counterspill. Counterspill does not endorse, and is not responsible for the accuracy, completeness, or usefulness of, such content. Under no circumstances will Counterspill be liable for any loss or damage caused by your use of or reliance on information obtained through the Counterspill Web site.
From time to time, advertisements and promotions from third parties may run on the Counterspill Web site. Counterspill is not responsible or liable for any loss or damage, of any sort, incurred as the result of your dealings, transactions, and/or correspondence with any such third parties.
10. Use of the Internet; Exclusion of Liability. Use of the Internet and the Counterspill Web site is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Counterspill Web site over the Internet or other communication network.
11. Links to the Counterspill Web site. In the event a third party posts a link to the Counterspill Web site, such link may not use any trademark or logo of Counterspill, and may not suggest that Counterspill promotes or endorses the third party, its goods, services, business, causes, or other information or materials. Counterspill reserves the right to require any linking party to remove or disable any link that Counterspill deems violative of its rights, causes, or policies, or which has caused or may cause any harm to Counterspill.
12. Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER COUNTERSPILL, ITS AFFILIATES, EMPLOYEES, OR OFFICERS, NOR ANY OF ITS AGENTS, SPONSORS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, OR LICENSORS (COLLECTIVELY, “COUNTERSPILL PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE COUNTERSPILL WEB SITE, IS COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE COUNTERSPILL WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE COUNTERSPILL WEB SITE WILL MEET YOUR EXPECTATIONS; OR (iv) CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE COUNTERSPILL WEB SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
13. Exclusion of and Limitation of Liability. THE COUNTERSPILL PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE COUNTERSPILL WEB SITE; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE COUNTERSPILL WEB SITE; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES OBTAINED FROM THE COUNTERSPILL WEB SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE COUNTERSPILL WEB SITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COUNTERSPILL WEB SITE; (vii) FROM ANY DELAY OR FAILURE OF THE COUNTERSPILL WEB SITE ARISING OUT OF CAUSES BEYOND COUNTERSPILL'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, CONTENT ON THE COUNTERSPILL WEB SITE; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE COUNTERSPILL WEB SITE; (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE COUNTERSPILL WEB SITE.
14. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND COUNTERSPILL'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.