PROFITABILITY THINKING WEB SITE TERMS AND CONDITIONS OF USE
Read these terms and conditions of use carefully before using this web site. If you do not agree to these terms and conditions, you may not access or otherwise use this web site. Your continued use of the site indicates your acknowledgment that you have read and accepted these terms and conditions of use.
This web site (the “Site”) and any content and services made available on or through the Site is offered to you/user conditioned upon your acceptance without modification of the terms and conditions contained herein (“Terms of Use”). Profitability Thinking (the “Company”) may revise these Terms of Use at any time by updating this posting. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. The materials provided on the Site are protected by law, including, but not limited to United States copyright laws and international treaties. The Site is operated by the Company from its offices within the United States. The Company makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE ON THIS SITE.
The content and tools presented in Profitability Thinking are designed to provide accurate and authoritative information with regard to the subject matter covered. They are provided with the understanding that neither the author nor publisher is engaged in rendering legal, accounting or other professional services. If legal, accounting or other expert assistance is required, the services of a competent professional person should be sought.
PROPRIETARY RIGHTS
The Company and/or its licensors own all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles), data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, data or materials you may access on or through the Site.
LIMITED LICENSE
You may access and view the content on the Site on your computer or other device and, unless otherwise indicated in these Terms of Use or on the Site, make single copies or prints of the content on the Site for your personal, internal use only. Use of the Site and the content and services made available on or through the Site, are for non-commercial use only.
USE RESTRICTIONS AND PROHIBITED CONDUCT
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of the Company or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, data or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Site. If you make other use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You agree that you shall not (a) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the services made available on or through the Site, or any content thereof, or make any unauthorized use thereof; (b) obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site; (c) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; (d) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data minder” or any other program, device, algorithm, process or methodology to access, acquire, copy, or monitor this Site or pages, data or content found on this Site; or (e) “mirror” any of the content of the Site. This provision does not prevent you from using RSS feeds that may be provided in the Site. The Site may be indexed by search engines that survey the Web and are available to the public generally.
You acknowledge that you are responsible for all activities that occur under your account while using the Site or the services provided on or through the Site. You are responsible for maintaining the security and confidentiality of your user name and password, if any. You agree to notify the Company immediately of any unauthorized use of any Service user name, password or account or any other known or suspected breach of security.
TRADEMARKS
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of the Company or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders or that otherwise are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by the Company that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or the third party that may own the applicable Trademark. Your misuse, including any unauthorized use, of the Trademarks displayed on the Site or on or through any of the services made available on or through the Site is strictly prohibited.
DISCLAIMER OF WARRANTIES
The site, including, without limitation, all services, content, functions and materials provided on or through the site, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, display-ability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and the company, to the fullest extent permitted by law, hereby disclaims any and all such warranties, express and implied. The company does not warrant that the site or the services, content, functions or materials provided on or through the site will be timely, secure, uninterrupted or error free, or that defects will be corrected. The company makes no warranty that the site or the content or services made available on or through the site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein. The company also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the site or your downloading of any materials, results, data, text, images, video content, or audio content from the site. If you are dissatisfied with the site or the services made available on or through the site, your sole remedy is to discontinue using the site and the services.
The company tries to ensure that the information posted on the site is correct and up-to-date. The company reserves the right to change or make corrections to any of the information provided on the site at any time and without any prior warning. The company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the site, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than authorized the company employee spokespersons while acting in their official capacities (including, without limitation, other users of the site). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, results, data or other content available through the site.
LIMITATION of LIABILITY and DISCLAIMER of CONSEQUENTIAL DAMAGES
In no event, including but not limited to negligence, shall the company, or any of its directors, shareholder, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any damages whatsoever, including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site or the services made available on or through the site, or the content, materials and functions related thereto, your provision of information via the site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations or exclusions may not apply to you. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from your use of the site or the content or services made available on or through the site exceed, in the aggregate, the amount, if any, paid by you to the company for your use of the site or services made available on or through the site.
USER SUBMISSIONS
The Company does not claim ownership of any information or material a user provides to the Company or post, upload, input or submit to the Site by any means, including, without limitation, by e-mail, chat room, bulletin board or blog (“Submission”). Any Submission will be treated as non-confidential and non-proprietary, and may be disseminated or used by the Company. By making a Submission, you automatically grant the Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such Submission, alone or as part of other works in any form, media, or technology whether now known or hereafter developed. Notwithstanding the foregoing, the Company is not required to use any Submissions.
You warrant and represent that you shall not transmit, post, upload, input or submit to the Site any Submission that is, or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the intellectual property, proprietary, or contractual rights of any third party.
You further warrant and represent that to the extent you make a Submission that constitutes a review, a testimonial and/or an endorsement of a product and/or service, you will clearly and conspicuously disclose the material connections you share with the seller of the product and/or service, including disclosing the fact that you are being paid to promote or review the product and/or service or from any links within your Submission whenever that is the case, based your review, testimonial and/or endorsements on your own independent evaluation of the product and/or service, not pass along misleading or unsubstantiated advertiser claims, and otherwise comply with applicable laws.
You are not required to include any information in a Submission that identifies you. If you choose to provide personal identifying information, you do so at your own risk.
The Company does not represent or warrant the truthfulness, accuracy, or reliability of any information or material posted, uploaded, input or submitted to the Site by users or endorse any statements, representations or opinions expressed by users, which are strictly the users. Your reliance on information or material posted, uploaded, input or submitted to the Site by other users shall be at your own risk. Any product claim, statistic, quote or other representation about a product and/or service contained in a Submission should be verified with the manufacturer or provider.
The Company is not responsible for screening or monitoring information or material posted, uploaded, input or submitted to the Site by users. If notified by a user of information or material posted, uploaded, input or submitted to the Site allegedly in violation of these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove such information or material. The Company shall have no liability or responsibility to users for performance or nonperformance of such activities.
The Company reserves the right not to post or to remove any Submission for any reason, including, without limitation, any Submissions that, in its sole discretion, it deems to be in violation of these Terms of Use.
INDEMNITY
You agree to defend, indemnify, and hold harmless the Company, its directors, shareholders, officers, employees, agents and content or service providers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your Submissions, use of the Site or the content or services made available on or through the Site, any Submission that you provide, and/or your breach of these Terms of Use.
LINKS
The Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third party web sites. The Company is not responsible for the content of linked third party sites and does not make any warranty or representation regarding the content or accuracy of materials on such sites. Nor does the Company make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company endorses, is affiliated or associated with, the linked-third-party site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. If you decide to access linked third party web sites, you do so at your own risk.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the content or services made available on or through the Site at any time and/or to restrict, suspend or terminate your access to the Site and/or the services or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.
COPYRIGHT INFRINGEMENT CLAIMS
In the event that a user repeatedly posts or makes accessible communications or other materials that infringe the copyrights of a third party, the Company may terminate user’s access to the Site in accordance with the Company’s copyright infringement policy pursuant to the Digital Millennium Copyright Act. Users may contact the Company with complaints regarding allegedly infringing posted material and the Company will investigate those complaints. If the posted material is believed in good faith by the Company to violate any applicable law, the Company will remove or disable access to any such material.
JURISTICTION
The Site is based in Orange County, in the State of California, United States of America. The Company makes no claims the materials provided on or through the Site are appropriate or may be downloaded outside of the United States. Access to the Site and/or such materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws or principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in Orange County, in the State of California.
MISCELLANEOUS
If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and the Company with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of the Company to be binding on the Company. Notwithstanding the foregoing, the Company, at its sole discretion and without notice, may change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.
