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Terms and Conditions of Use

This Web site (hereafter, "this Site") is owned and operated by ProfitTips.com (hereafter, "our Company"). Our principal place of business is Issaquah, Washington, United States of America. This Site is for your personal, non-commercial use only. If you visit this site, you're also legally obligated to read the terms and conditions and disclaimers listed below and any other laws or regulations that may apply to this site, the Internet, the World Wide Web and the United States of America.

Access To This Site

Access to and use of this Site are subject to the following terms and conditions as stated here and in our Privacy Policy and all Disclaimers. By accessing and/or using this site, you are indicating your acknowledgment and acceptance of these terms of use. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Such changes shall be posted on this page and shall become effective immediately upon posting. Visitors to this Site should periodically check for changes to these terms. Your continued use of this Site following the posting of changes to these terms and conditions (including our Privacy Policy and all Disclaimers) will mean you acknowledge and accept those changes.

You must be eighteen (18) years or older to access this Web site. If you are under eighteen years of age, you are not permitted to access this Web site for any reason. Due to the age restrictions for use of this Web site, no information obtained by this Web site, falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Intellectual Property

This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, company names, product names, designs, logos, video material, audio clips, (collectively, "the Intellectual Property") are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by our Company or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of our Company and protected by U.S. and international copyright laws. All software used on this Site is the property of the commercial software suppliers, and is protected by U.S. and international copyright laws.

You may view, or print material appearing on this Site subject to the following conditions:
  1. The material may only be used for your personal, non-commercial use;
  2. The material may not be modified;
  3. All copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and
  4. The copyright notice and permission notice must appear on each copy.
Any other actions including, but not limited to, the copying, downloading, uploading, modification, revision, reproduction, republication, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site's design, or our Company logos without the express written permission of our Company or the owner of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited.

User Submissions

Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the perpetual, irrevocable, worldwide royalty-free property of our Company. You agree that any submissions, in whole or in part, may be used by our Company or any of its affiliates for any purpose including reproduction, transmission, publication, broadcast, and posting. You additionally agree that our Company is free to use any ideas, concepts, techniques, or know how contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them.

You may not post, send, submit, publish, advertise, or transmit in connection with this site any material that:

1. Is unlawful, vulgar, obscene, pornographic, indecent, or could be considered Unsolicited Commercial Email or SPAM;

2. Advocates illegal activity or discusses an intent to commit an illegal act;

3. You do not have the right to use or post, including proprietary material of any third party;

4. Does not pertain directly to this site;

5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

7. Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

8. Violates any law or may be considered to violate any law;

9. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

10. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

11. Solicits funds, advertisers or sponsors;

12. Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

13. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

14. Includes MP3 format files;

15. Amounts to a 'pyramid' or similar scheme;

16. Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

17. Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither our Company nor any third party that provides Content to our Company will assume or have any liability for any action or inaction by our Company or such third party with respect to any submission.

Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site .

Trademarks

The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the Trademarks of our Company and others. Nothing contained in this Site should be construed as granting by implication, estoppels or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of our Company or the third party that owns the Trademarks displayed on this Site. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these terms and conditions, is strictly prohibited.

Disclaimer

Your use of this site is at your own risk. The Content is provided "as is" and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Our Company does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and our Company may make changes or improvements at any time.

You, and not our Company, assume the entire cost of all necessary servicing, repair or correction In the event of any loss or damage arising from the use of this site or its content. Our Company makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by our Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation & Exclusion of Liability

Our Company, its subsidiaries, affiliates, partners, licensors, service providers, content providers, employees, agents, officers, directors, and/or owner(s) will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if our Company has been advised of the possibility of such damages. In no event will the collective liability of our Company and its subsidiaries, affiliates, partners, licensors, service providers, content providers, employees, agents, officers, directors, and/or owner(s), to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $50 or the amount you have paid to our Company for the applicable content, product or service out of which the alleged liability arose.

Indemnity

You will indemnify and hold our Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Links

This Site may include links to other Internet sites, both related and unrelated to this Site, which may be of interest to users. Additionally, other sites may link to this Site with or without the permission of our Company. Our Company is not responsible for the content or availability of these sites. Descriptions of or references to companies, products, or publications not owned by our Company on this Site or any linked site do not imply any endorsement of such companies, products, or publications by our Company. Our Company shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the companies, services, or publications accessed through this Site.

Our Company, its affiliates, their directors, officers, employees, shareholders, agents or any others involved in the creation of this Site shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of your access to or use of any content of this Site or any sites to which this Site links or is linked. Nor is ProfitTips.com responsible for or liable for any damage, including damage caused by viruses, to your computer, computer system, or other property during or on account of access or use of this Site or any sites to which this Site links or is linked.

Furthermore, you agree to defend, indemnify, and hold harmless our Company and its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from, or related to, your use of the Site or your breach of any of the terms of this agreement.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Our Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that our Company considers insecure, our Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, our Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Our Company reserves the right to investigate suspected violations of these Terms of Use.

Our Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

By accepting this agreement you waive and hold harmless company from any claims resulting from any action taken by company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either our company or law enforcement authorities.

Users Outside the U.S.

This Site is available internationally and may contain references to product or services not available in all countries. Our Company does not market all of its products or services in all countries. Some of our Company's products sold outside of the United States may be different from the products shown in this Site.

Software that we use on this Site is protected by all sorts of patriotic U.S. laws. Because of that, you can't download or send the software to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country where United States has embargoed goods; or (get this) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. As if that were not tough enough, if you live in or are a national of any of those lovely places, you're not even supposed to be reading this page.

Applicable Law

This Site is created and controlled by our Company in the state of Washington, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Our Company makes no representations that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

To the extent you have in any manner violated or threatened to violate our Company and/or its affiliates' intellectual property rights, our Company and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts.

Governing Law

The terms and conditions for use of this Site shall be governed by and construed in accordance with the statutes and the laws of the state of Washington, without giving effect to any principles of conflicts of law. You and our Company agree and hereby submit to the exclusive personal jurisdiction and venue of King County, Washington and the state or federal court of competent jurisdiction located in King County, Washington in the United States of America for the purposes of litigating any action arising from or relating to your use of this Site.

Our waiver of any breach of these terms and conditions shall not constitute an amendment to these terms and conditions or our waiver of subsequent breaches hereof. If any part/provision of these terms and conditions is declared unlawful, invalid, void, or for any reason unenforceable, this shall not affect the validity of any remaining part/provision and such remaining part/provision shall remain in full force and effect. Additionally, any part/provision that is deemed to be unenforceable or invalid shall be interpreted to the maximum extent of enforceability.

If a dispute arises we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Seattle, Washington. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Seattle, Washington, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.


Pursuant to U.S. State & Federal Laws the following is a statement of your legal rights.

Legal Rights & Disclaimers

This information is provided for your protection, in accordance with FTC guidelines. It is accessible from all Web pages and order pages on this site and every affiliate site. You are required to acknowledge and agree to it before and after your purchase, and before you may download products.

In accordance with FTC guidelines, every effort has been made to accurately represent our product(s). Any testimonials and examples used are exceptional results, don't apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money.

Disclaimer Agreement

We are not willing to offer our products for sale to you unless the terms of this Disclaimer Agreement are acceptable to you.

By purchasing and/or by downloading products from this site, you acknowledge that you have read this information and you agree to abide by the terms, conditions, rules, regulations and restrictions presented.

Your Acceptance & Electronic Signature

Your acceptance of the terms of this Document electronically, by taking the affirmative act of purchasing and/or downloading our product, or filling out a form, or clicking on any acceptance button, or by placing a check mark in a box indicating your acceptance, shall be deemed to be your signature to this Agreement to the same extent as if your written signature was contained hereon.

Guaranties

Our money back guarantee is the only guarantee of any kind, either express or implied, that is made by our company.

No Warranties

All Web sites, products and services are provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Our company does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the Web sites, products, services or written materials in the terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of the Web sites, products and services are assumed by you. If the Web sites, products, services or written materials are defective, you, and not our company, assume the entire cost of all necessary servicing, repair or correction. There are no warranties of any kind, either express or implied, that are made by our company. No oral or written information or advice given by our company shall create a warranty, and you may not rely on such information or advice to do so.

Customer Remedy

Our Company's entire liability, and the purchaser's exclusive remedy, shall be a refund of the price paid or replacement of our products.

Limitation & Exclusion of Liability

Our Company, its subsidiaries, affiliates, partners, licensors, service providers, content providers, employees, agents, officers, directors, and/or owner(s) will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if our Company has been advised of the possibility of such damages. In no event will the collective liability of our Company and its subsidiaries, affiliates, partners, licensors, service providers, content providers, employees, agents, officers, directors, and/or owner(s), to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $50 or the amount you have paid to our Company for the applicable content, product or service out of which the alleged liability arose.

Legal Forum, Choice Of Laws & Official Language

This offering is a contract between you the buyer and our business, the seller. The seller is located in Issaquah, Washington, USA and by doing business with us you agree that this offering is made from Issaquah, Washington, USA and shall be governed by the laws of the State of Washington and the USA. By electing to participate in this offer, you are entering into a contract.

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State of Washington. In addition, you agree to submit to the jurisdiction of the courts of the State of Washington, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Seattle in the State of Washington, USA.

The terms constituting this offering are set forth in writing on this Web site. You hereby agree to submit to the jurisdiction of the State and Federal Courts located in Seattle, Washington, USA to resolve any disputes or litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this writing constitutes a contract.

This agreement is being written in English, which is to be the official language of the contract's text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.

Copyrights

This Web site and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material.

You may view, or print material appearing on this Site subject to the following conditions:
  1. The material may only be used for your personal, non-commercial use;
  2. The material may not be modified;
  3. All copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and
  4. The copyright notice and permission notice must appear on each copy.
Any other actions including, but not limited to, the copying, downloading, uploading, modification, revision, reproduction, republication, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site's design, or our Company logos without the express written permission of our Company or the owner of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. Our company reserves all rights not expressly granted here.

License

All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. Our company reserves all rights not expressly granted here.

Earnings & Income Disclaimers

Any earnings or income statements, or earnings or income examples, are only estimates of what we think you could earn. There is no assurance you'll do as well. If you rely upon our figures, you must accept the risk of not doing as well.

Where specific income figures are used, and attributed to an individual or business, those persons or businesses have earned that amount. There is no assurance you'll do as well. If you rely upon our figures; you must accept the risk of not doing as well.

Any and all claims or representations, as to income earnings on this Web site, are not to be considered as average earnings.

There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.

Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we do not guarantee or imply that you will get rich, that you will do as well, or make any money at all. There is no assurance you’ll do as well. If you rely upon our figures; you must accept the risk of not doing as well.

Internet businesses and earnings derived there from, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in our products, services, or Web site, should be done only with the knowledge that you could experience significant losses, or make no money at all.

All products and services by our company are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information.

Users of our products, services and Web site are advised to do their own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by your own qualified professionals. Our information, products, and services on this web site should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.

You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.

Governing Law

This agreement shall be governed by and construed in accordance with the statutes and the laws of the state of Washington, without giving effect to any principles of conflicts of law. You and our Company agree and hereby submit to the exclusive personal jurisdiction and venue of King County, Washington and the state or federal court of competent jurisdiction located in King County, Washington in the United States of America for the purposes of litigating any action arising from or relating to this agreement.

Our waiver of any breach of this agreement shall not constitute an amendment to this agreement or our waiver of subsequent breaches hereof. If any part/provision of this agreement is declared unlawful, invalid, void, or for any reason unenforceable, the remainder of this agreement shall remain in full force and effect. Additionally, any part/provision that is deemed to be unenforceable or invalid shall be interpreted to the maximum extent of enforceability.

If a dispute arises we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Seattle, Washington. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Seattle, Washington, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Last Updated: May 23, 2003


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