Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. By using this website, you signify your consent to these
terms of use. If you do not agree to these Terms of Use, please do not use the
website.
Your access to and use of this website, as well as
all related websites operated by Profitpro (which includes http://theprofitpro.com/, among others)
(collectively the “Site”) is subject to the following terms and conditions
(“Terms of Use”) and all applicable laws. By accessing and browsing the Site,
you accept, without limitation or qualification, the Terms of Use and
acknowledge that any other agreements between you and the Site are superseded
and of no force or effect:
Section 1
You agree that the Site itself, as well as all content, videos, training
materials, products, services and/or other materials, made available on the
Site by us or other third parties, as well as the look and feel of all of the
foregoing, (collectively referred to as the “Content”) are maintained for your
personal use and information by Business Advisory Partner, (the “Company”) and
are the property of the Company and/or its third-party providers. You agree
that such Company Content shall include all proprietary videos, HTML/CSS,
Javascript, graphics, video, voice, and sound recordings, artwork, photos,
documents, and text as well as all other materials included in the Site,
excluding only the materials you provide. Subject to your compliance with these
Terms of Use, the Company hereby grants you a limited license, which is
non-exclusive, non-transferable, and non-sublicensable, to access, view, and
use the Site solely for your personal purposes. No Company Content may be
copied, reproduced, republished, uploaded, posted, transmitted, distributed,
used for public or commercial purposes, or downloaded in any way unless written
permission is expressly granted by the Company. Modification of the Content or
use of the Content for any other purpose is a violation of the copyright and
other proprietary rights of the Company, as well as other authors who created
the materials, and may be subject to monetary damages and penalties. You may
not distribute, modify, transmit or use the content of the Site or any Content,
including any and all software, tools, graphics and/or sound files, for public
or commercial purposes without the express written permission of the Company.
Section 2
All Content, such as text, data, graphics files,
videos and sound files, and other materials contained in the Site, are
copyrighted unless otherwise noted and are the property of the Company and/or a
supplier to the Company. No such materials may be used except as provided in
these Terms of Use.
Section 3
All trade names, trademarks, and images and biographical information of
people used in the Company Content and contained in the Site, are either the
property of, or used with permission by, the Company. The use of Content by you
is strictly prohibited unless specifically permitted by these Terms of Use. Any
unauthorized use of Content may violate the copyright, trademark, and other
proprietary rights of the Company and/or third parties, as well as the laws of
privacy and publicity, and other regulations and statutes. Nothing contained in
this Agreement or in the Site shall be construed as granting, by implication or
otherwise, any license or right to use any Trademark or other proprietary
information without the express written consent of the Company or third party
owner. The Company respects the copyright, trademark and all other intellectual
property rights of others. The Company has the right, but has no obligation, to
remove content and accounts containing materials that it deems, in its sole
discretion, to be unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Use. If you believe that your
intellectual property rights are being violated and/or that any work belonging
to you has been reproduced on the Site or in any Content in any way, you may
notify Company at [email protected]. Please provide
your name and contact information, the nature of your work and how it is being
violated, all relevant copyright and/or trademark registration information, the
location/URL of the violation, and any other information you believe is
relevant.
Section 4
While the Company uses reasonable efforts to
include accurate and up-to-date information in the Site, the Company makes no
warranties or representations as to its accuracy. The Company assumes no
liability or responsibility for any errors or omissions in the content of the
Site.
Section 5
When you register with the Company and/or this Site, you expressly
consent to receive any notices, announcements, agreements, disclosures,
reports, documents, communications concerning new products or services, or
other records or correspondence from the Company. You consen
Section 6
If you send comments or suggestions about the Site
to the Company, including, but not limited to, notes, text, drawings, images,
designs or computer programs, such submissions shall become, and shall remain,
the sole property of the Company. No submission shall be subject to any
obligation of confidence on the part of the Company. The Company shall
exclusively own all rights to (including intellectual property rights thereto),
and shall be entitled to unrestricted use, publication, and dissemination as to
all such submissions for any purpose, commercial or otherwise without any
acknowledgment or compensation to you.
Section 7
The Company shall use commercially reasonable efforts to restrict
unauthorized access to our data and files. However, no system whether or not
password protected can be entirely impenetrable. You acknowledge that it may be
possible for an unauthorized third party to access, view, copy, modify, or
distribute the data and files you store using the Site. Use of the Site is
completely at your own risk.
Section 8
The Company will not intentionally disclose any
personally identifying information about you to third parties, except where the
Company, in good faith, believes such disclosure is necessary to comply with
the law or enforce these Terms of Use. By using the Site, you signify your
acceptance of the Company’s Privacy Policy, http://theprofitpro.com/privacy-policy.
If you do not agree with this Privacy Policy, in whole or part, please do not
use this Site.
Section 9
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER
ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR
PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT
LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE
SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR
USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR
THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR
EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS
AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN
PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU
DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS
YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG
ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE
COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR
THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY
REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD
PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE
AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable
jurisdiction may not allow the exclusion of implied warranties. Some of the
above exclusions may thus not apply to you.
Section 10
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD
PARTY SERVICE PROVIDER (including, for example, your web service provider
service, Stripe payment services, your software and/or any updates or upgrades
to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT
BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN
ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH
MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR
USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE
COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE
VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE
RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS
AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE
RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE
FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE
DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY
CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND
POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT
FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S
CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR
DISRUPTION.
Section 11
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR
NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT,
INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL,
COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR
TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR
RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY
OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY.
THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF
THE POSSIBILITY OF SUCH DAMAGES.
Section 12
You agree to indemnify and hold the Company and
each of its directors, officers employees, and agents, harmless from any and
all liabilities, claims, damages and expenses, including reasonable attorney’s
fees, arising out of or relating to (i) your breach of this Agreement, (ii) any
violation by you of law or the rights of any third party, (iii) any materials,
information, works and/or other content of whatever nature or media that you
post or share on or through the Site, (iv) your use of the Site or any services
that the Company may provide via the Site, and (v) your conduct in connection
with the Site or the services or with other users of the Site or the services.
The Company reserves the right to assume the exclusive defense of any claim for
which we are entitled to indemnification under this Section. In such event, you
shall provide the Company with such cooperation as is reasonably requested by
the Company.
Section 13
The provisions of these Terms of Use are for the benefit of the Company,
its subsidiaries, affiliates and its third party content providers and
licensors, and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
Section 14
This Agreement shall be governed by and construed
in accordance with Irish law and the Parties agree to submit to the exclusive
jurisdiction of the Courts of Ireland as regards any claim or matter arising
under or in relation to this Agreement. If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall not affect the validity
and enforceability of any remaining provisions.
Section 15
These Terms of Use may be revised from time to time by updating this
posting. You are bound by any such revisions and should therefore periodically
visit this page to review the then current Terms of Use to which you are bound.