Terms of Profitner Service
1. The Authorization.
This agreement grants You an unexceptional and limited authorization to use the Website for Your personal or the internal business goals.
2. The Authorization Limitations.
3. Your Obligations.
Maintaining the compliance with the terms of the Agreement relies on Your responsibility. Profitner has the right to monitor or check the compliance. If You access or use the Website or the services provided here, you will bear responsibility for and will abide by the adequate local, state, domestic, and international laws, arrangements, regulations, and standards. Additionally, You are accepting all the obligations for Your use, and the outcome of Your use, of the Website (that includes complying with requirements of Your agreements with the third parties or other persons).
4. Material Rights.
Every form and type of the content on the Website (that includes information, graphics, codes, software, audio and video material in any format) and the Website design, structure, selection, and arrangement (hereinafter, “Material”) are in possession, controlled, and licensed by Profitner or its licensors to the full extent. The permissions given hereby are granted explicitly. Profitner does not provide any right to You or anyone else and does not convey or assign any ownership interest or title in or to the Website to You or any other person.
A non-purpose use of the Website, its services, and Material may violate proprietary rights of any kind of laws as well as other rules, and statutes. One is prohibited to modify, remove or conceal any Material, copyright or other types of information placed on the Website. Profitner and all other terms, logos, and icons identifying the Profitner Company and the offered products and services are licensed trademarks of Profitner. The products, services and other companies’ names specified herein or on the Website may be the merchandise marks of their immediate owners.
5. Affiliate Programs.
If You express a desire to become an Affiliate of Profitner, You will have to fill in all the required online sign-up application and provide the specific information. After the completed application form is submitted to Profitner, the Company will decide whether to put forward a proposal to join the Affiliate Network or not.
If You express a desire to become an Advertiser, You will have to fill in all the required registration forms and provide with the specific information such as the name, the company name, and telephone number. Once the completed application form is submitted to Profitner, the Company will decide whether to put forward a proposal to become an Advertiser. Submissions to Profitner are not offers, but solely solicitations of an offer.
7. The Feedback.
The Profitner Company encourages to leave feedback and suggestions about the Website, products or services of Profitner. A feedback or suggestion must not infringe or violate the proprietary rights of any kind of any third party (including, without limitation, patents, copyrights, or trademark rights). All the rights for the feedback or suggestion in any form received by Profitner will belong to the Profitner Company.
8. Representations and Warranties.
9. WARRANTY DISCLAIMERS.
THE WEBSITE AND MATERIALS ARE ENSURED “AS-IS.” PROFITNER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY STATEMENTS REGARDING THE USAGE, OR THE OUTCOME OF THE USAGE, OF THE WEBSITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, OUTLINED PURPOSE, OR OTHERWISE. PROFITNER DOES NOT STATE OR GUARANTEE THAT THE WEBSITE OR MATERIALS WILL CONDUCT ITS ACTIVITIES WITHOUT ERRORS, UNINTERRUPTEDLY, OR IN A WAY THAT WILL MEET THE CUSTOMER’S REQUIREMENTS. THE OVERALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH THE CUSTOMER. THE WEBSITE, THE MATERIALS, PRODUCTS, MARKETING SERVICES, AND ANY ASSOCIATED DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND PROFITNER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED GUARANTEES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR GUIDED BY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT ENSURE THAT THE INFORMATION SUBMITTED BY THE CONSUMER IS CORRECT OR COMPLETE, OR THE OUTCOME TO BE OBTAINED FROM LEADS, INCLUDING ANY SPECIFIC CUSTOMER CONVERSION RATES. YOU COMPREHEND AND ACKNOWLEDGE THAT LEADS AND CONTACT INFORMATION COLLECTED HAVE NOT BEEN SCREENED OR VALIDATED BY PROFITNER AND ARE NOT WARRANTED TO BE CORRECT OR WITHOUT ERRORS AND ALL RISKS OF CONDITION, USE, QUALITY, DESIGN, OR FITNESS ARE YOURS.
10. Limitation of Liability.
Profitner bears no responsibility for providing You access to the Website. Profitner is not liable for any proceeding, damage, or harm that may result directly or indirectly, from a cause beyond Profitner’s control, including, among others promotional offers or advertisements on the Website, failure of electronic or technical equipment or communications connections, telephone or other connection problems, computer viruses, unlawful access, theft, operator errors, severe weather conditions and governmental restrictive measures, or any proceeding, damage, or harm arising from transactions or communication between You, third party companies or anyone else.
You acknowledge that in no case shall Profitner in charge for the defamatory, offensive, or unlawful acts of any third party and that the risk of damage or loss from the foregoing rests entirely on You. You agree and accept that Profitner does not bear liability for any indirect, punitive, incidental, special, subsequent losses that arise out of or any other way arising from Your use of the Website, services, products or Material.
If You breach these terms in any manner when accessing and using the Website, products, services and Material, Profitner and each its member of staff and others accessory to the delivery of products, services or information through the Website (collectively, “Indemnified Parties”), will be released, discharged, defended, indemnified and hold harmless. You acknowledge and accept that the Indemnified Parties will not in charge for any breach or non-purpose use, and You acknowledge to ensure any and all loss, damages, judgments, awards, charges, expenses, and attorneys’ fees and litigation charges of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any disputes brought by third parties that arise out of Your use of the information, which is accessed through the Services or related website(s).
12. Governing Law.
These terms have been made in and will be construed and enforced solely in accordance with the laws of the U.S.A. If You have a claim against Profitner, it must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. Additionally, You agree to relinquish any right to a trial by jury in connection with any action or litigation in any way that will arise out of or will be related to the terms of the Agreement and that each party has the right to seek costs of attorneys in any proceeding.
You also recognize and accept that any applicative state law implementation of the Uniform Computer Information Transactions Act (that includes any available remedies or laws) will not apply to the terms of this Agreement.
13. No group actions.
TO THE DEGREE ALLOWED BY LAW, WE RELINQUISH ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR LODGE A COMPLAINT IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEDURAL ACTIONS. YOU UNDERSTAND THAT BY AGREEING TO THIS GROUP ACTION WAIVER, YOU MAY ONLY FILE CLAIMS AGAINST COMPANY IN AN INDIVIDUAL ABILITY AND NOT AS A PLAINTIFF OR GROUP MEMBER IN ANY PURPORTED GROUP ACTION OR REPRESENTATIVE PROCEEDING.
The goal of the Profitner Website is to be a useful resource for the visitors and customers. Profitner retains the right to view, administrate, and/or record Your activity on the Website (in conformity with the applicable law) in a manner that is complied with government or court-appointed authorities if required. Existent or attempted improper use of the Website may also eventuate in criminal and/or civil prosecution, which includes, but not limited to the punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.
Disabling, circumventing, or otherwise avoiding any protection device, regulation, protocol, or formality established by Profitner for use of or with the Website is strictly prohibited. Any breach, projected or actual, of this Agreement by You, may result in irreparable injury to Profitner and/or its licensors. You acknowledge that such an injury would not be quantifiable in pecuniary losses, and Profitner and/or its licensors would not have an adequate remedy at law. You hence agree that Profitner and/or its licensors (or on their behalf) shall have legal capacity, aside from other available remedies, to search and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any violation, threatened or actual, of Your liability under any provision of these terms. Accordingly, You hereby relinquish any requirement that Profitner or its licensors post any bond or other security in the case any injunctive or equitable relief is sought by or awarded to Profitner to enforce any provision of this Agreement.
You acknowledge and accept that Profitner has the right to terminate the following Agreement with You at any time and on reasonable causes, which shall include, among other things, any reasonable belief of fraud, unlawful activity, or actions or omissions that transgress any term or regulation of this Agreement.
Profitner has the right to solely determine in its reasonable discretion whether You are participating in any unlawful activity and/or breaking any term or regulations set forth herein. Any licenses from Profitner and any right to use the Website shall be ceased without undue delay upon termination of this Agreement. Profitner does not bear responsibility or does not have liability for any damages or loss, such as loss of sales or profits, that may arise after the termination of this Agreement. You may also discontinue at any time by ceasing the session on the Website. But, all applicable provisions of this Agreement will survive termination, as outlined below.
The regulations concerning feedback, Profitner’s ownership rights, representations and guarantees, warranty disclaimer, liability limit, governing law, enforcement, discontinuance, and the miscellaneous terms will survive the termination or expiration of this Agreement on any grounds whatsoever.
17. Other Terms and Conditions.
The relationship between You and Profitner is and shall fall due to the independent contractors and nothing in this Agreement shall be expounded or used to create or imply any relationship of partners, joint venturers, or employer and employee. You may not appoint or otherwise transfer this Agreement or the license provided hereunder or delegate any of Your duties specified herein, in whole or in part, without the prior written consent by Profitner.
Assigning, delegating, or transferring in violation of this Agreement will be considered as the breach of this Agreement. Notwithstanding the foregoing, Profitner may assign this Agreement in whole or in part. Moreover, Profitner may substitute its rights and responsibilities or use contractors or agents to fulfill its obligations under these terms and conditions. Failure by Profitner to insist on strict performance of this Agreement will not operate as a waiver of that or any subsequent default or failure of performance.
If You have any questions about these terms and conditions, You may contact us.