ProfilePitstop.com Profile Layout Generator Terms Of Service (Updated December 5, 2006)

By using the Layout Generator you agree to our terms of services outlined below.

DISCLAIMER

Profilepitstop.com uses diligent efforts to maintain the Layout Generator Service located at: http://www.profilepitstop.com/layout_generators/index.php (Hereafter “Services” or “Service”), but Profilepitstop.com is not responsible for any defects or failures associated with the Services or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

Under no circumstances will Profilepitstop.com be liable in any way for any user content or any changes made to your Myspace Account - including, the subject matter of any content, any errors or omissions or defamations in any user content, or any loss for any damage incurred to any third party as a result of any user content which is transmitted, emailed or made available through any other means via the services of Profilepitstop.com.

Specifically, Profilepitstop.com will not made liable for any damages associated with changes made to your Myspace Account from using this service. Your login details are confidential and should be kept private. Profilepitstop.com will not be liable for any changes made to your account without your consent or knowledge.

By using the service, you also agree to the following terms. Our script may, after logging into you Myspace Profile, post a bulletin to let your friends know that you have updated your layout with our services. The user understands that changes made by the service can not be undone.

ProfilePitstop.com will not be responsible for any changes made by the service.
Users use this service at their own risk.

THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

PROFILEPITSTOP.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROFILEPITSTOP.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROFILEPITSTOP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE PROFILEPITSTOP.COM SERVICE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES' SERVICES;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES' SERVICE; OR

(v) ANY OTHER MATTER RELATING TO THE WEBSITES' SERVICE. IN NO EVENT SHALL PROFILEPITSTOP.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.