ProfitGuard
Terms And Use Policy
Welcome to
ProfitGuard, LLC's ("ProfitGuard") Web Site (hereinafter "Web
Site"). We have
designed and
published this site to provide you with information about ProfitGuard, the
ability to
place orders
for our products and services, and the opportunity to contact us with any
questions
or remarks
that you may have. In continuing our tradition, ProfitGuard strives to inform,
serve,
and
communicate with its customers.
So that we may
continue to promote our customer's interests, we have certain rules and
restrictions
regarding the use of this site. By accessing and using this Site, you agree to
each of
the terms and
conditions set forth herein ("Terms of Use"). Additional terms and
conditions
applicable to
specific areas of this Site or to particular content or transactions are also
posted in
particular
areas of the Site and, together with these Terms of Use, govern your use of
those areas,
content or
transactions. These Terms of Use, together with applicable additional terms and
conditions,
are referred to as this "Agreement." ProfitGuard may update the Terms
and Use
Policy from
time to time without notice to users of this Web Site. The most current version
of the
Terms and Use
Policy is available at: http://www.eprofitguard.com/terms&use.htm . Your use
of
the Site
following any such modification constitutes your agreement to follow and be
bound by
the Agreement
as modified.
USE
RESTRICTIONS
The
information, graphics, and/or audio ("Content") presented on the Web
Site are intended for
the lawful use
of ProfitGuard customers, employees and members of the general public, over the
age of 13, and
citizens of the United States and Canada. ProfitGuard makes no representation
that the
content on the Web Site is appropriate for use in other locations. Those persons
accessing the
Web Site from locations other than the aforementioned are doing so at their own
risk and are
responsible for complying with local laws. ProfitGuard reserves the right to
refuse
and/or
terminate access to the Web Site by you at any time. No right, title or interest
in any
Content is
transferred to you, whether as a result of downloading such Content or
otherwise.
ProfitGuard
reserves complete title and full intellectual property rights in all Content.
Except as
expressly
authorized by this Agreement, you may not use, alter, copy, distribute,
transmit, or
derive another
work from any Content obtained from the Site or the Service, except as expressly
permitted by
the Terms of Use.
This Web Site
contains Content protected by law, including but not limited to copyrights and
trademarks.
Some the intellectual property rights on this Web Site include: ProfitGuard;
www.eprofitguard.com;
Metal's Edge eNewsletter; ProfitGuard Credit Scoring Table; Credit
Limit Advisory
Service; Credit Alert Service; Units-based Subscription; ProfitGuard Silver,
Gold and
Platinum Subscriptions; Probability of Default Score; Credit Risk Score;
Recommended
credit amount and terms; "Credit solutions for the metals industry";
and "Nobody
knows credit
risk in the metals industry better - period!"
All rights in
the Content are reserved to ProfitGuard, and Content may not be reused in any
way
or copied in
whole or in part without prior written permission from ProfitGuard, except that
users
may download
the contents of the Web Site on any single computer and print a copy of the
contents
solely for use in learning about or acquiring ProfitGuard's services or
products.
Otherwise, you
may not print, copy, reproduce, distribute, transmit, upload, download, store,
display in
public, alter, or modify the contents of this Web Site. In addition, you may not
hyperlink
other web sites with this Web Site, and you may not use ProfitGuard's name,
trademarks,
trade names, or patented designs for any reason without the express
authorization of
a ProfitGuard
authorized agent.
Links on the
Site to third party web sites or information are provided solely as a
convenience to
you. If you
use these links, you will leave the Site. Such links do not constitute or imply
an
endorsement,
sponsorship, or recommendation by ProfitGuard of the third party, the
third-party
web site, or
the information contained therein. ProfitGuard is not responsible for the
availability
of any such
web sites. ProfitGuard is not responsible or liable for any such web site or the
content
thereon. If you use the links to the web sites of ProfitGuard affiliates or
service
providers, you
will leave the Site, and will be subject to the terms of use and privacy policy
applicable to
those web sites.
Unless
specifically authorized by ProfitGuard, you may not connect "deep
links" to the Site, i.e.,
create links
to this site that bypass the home page or other parts of the Site. You may not
mirror
or frame the
home page or any other pages of this Site on any other web site or web page.
SUBMISSIONS
We welcome
your feedback, data, answers, questions, comments, suggestions, plans, and ideas
("Submissions").
Except for customer orders, ProfitGuard shall not be obligated to keep any
Submissions
confidential. ProfitGuard shall own all rights and title in the Submissions and
shall
be free to use
the Submissions, without liability, for any purpose, including developing,
manufacturing,
and marketing products incorporating such information. If you would like to
present
confidential or proprietary information, please contact us directly so that we
can make
arrangements
for this disclosure. For all Submissions, (1) you guarantee to us that you have
the
legal right to
post the Submission and that it will not violate any law or the rights of any
person
or entity, and
(2) you give ProfitGuard the royalty-free, irrevocable, perpetual, worldwide
right
to use,
distribute, display and create derivative works from the Submission, in any and
all media,
in any manner,
in whole or in part, without any restriction or responsibilities to you.
WARRANTY
DISCLAIMER
PROFITGUARD
CANNOT AND DOES NOT WARRANT OR GUARANTEE THE
ACCURACY,
TIMELINESS, OR COMPLETENESS OF THE MATERIALS PRESENTED
ON THIS WEB
SITE. PROFITGUARD MAKES NO EXPRESS OR IMPLIED
WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH
RESPECT TO THE
SITE, THE SERVICE OR THE CONTENT. PROFITGUARD
EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND
NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE
CONTENT, AND
ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED
VIA THE SITE.
PROFITGUARD DOES NOT WARRANT THAT THE FUNCTIONS
PERFORMED BY
THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR
ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL
BE CORRECTED.
PROFITGUARD DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS
OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL
BE CORRECTED.
THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON
AN "AS
IS" AND "AS AVAILABLE" BASIS.
LIMITATION
OF LIABILITY
IN NO EVENT
WILL PROFITGUARD BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT
NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL,
EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE
USE OF OR
INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY
TRANSACTION
CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY
CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SITE, THE
SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO
OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER
MATTER
RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF
PROFITGUARD
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF
YOU ARE
DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH
THE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE
ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
PROFITGUARD'S
LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO
THE GREATEST
EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED
$100.00.
REVISIONS
ProfitGuard
may modify, suspend, withdraw or discontinue, temporarily or permanently, the
Content, in
whole or in part, at any time without notice. ProfitGuard shall not be liable to
any
user of the
Web Site or third party for any modification, suspension, withdrawal or
discontinuance
of Content. Furthermore, ProfitGuard may update, revise and/or delete portions
of this Terms
and Use Policy without providing notice to you. As a user, you agree to monitor
the Terms and
Use Policy, periodically, for updates and/or changes.
You understand
and agree that you are personally responsible for your behavior on the Site. You
agree to
indemnify, defend and hold harmless ProfitGuard, its parent companies,
subsidiaries,
affiliated
companies, joint venturers, business partners, licensors, employees, agents, and
any
third-party
information providers to the Service from and against all claims, losses,
expenses,
damages and
costs (including, but not limited to, direct, incidental, consequential,
exemplary and
indirect
damages), and reasonable attorneys' fees, resulting from or arising out of your
use,
misuse, or
inability to use the Site, the Service, or the Content, or any violation by you
of this
Agreement.
You agree to
use the Site only for lawful purposes. You agree not to take any action that
might
compromise the
security of the Site, render the Site inaccessible to others or otherwise cause
damage to the
Site or the Content. You agree not to add to, subtract from, or otherwise modify
the Content,
or to attempt to access any Content that is not intended for you. You agree not
to
use the Site
in any manner that might interfere with the rights of third parties.
ProfitGuard or
any of its employees do not accept or consider unsolicited ideas, including
ideas
for new
advertising campaigns, marketing strategies, new or improved products,
technologies,
services,
processes, materials, or new product names. We have found this policy necessary
in
order to avoid
misunderstandings should ProfitGuard's business activities bear coincidental
similarities
with one or more of the thousands of unsolicited ideas offered to us. Please do
not
send your
unsolicited ideas to ProfitGuard or anyone at ProfitGuard. If, in spite of our
request
that you not
send us your ideas, you still send them, then regardless of what your posting,
email,
letter, or
other transmission may say, (1) your idea will automatically become the property
of
ProfitGuard,
without any compensation to you; (2) ProfitGuard will have no obligation to
return
your idea to
you or respond to you in any way; (3) ProfitGuard will have no obligation to
keep
your idea
confidential; and (4) ProfitGuard may use your idea for any purpose whatsoever,
including
giving your idea to others. However, ProfitGuard does welcome feedback regarding
many areas of
ProfitGuard's existing businesses that will help satisfy customer's needs, and
feedback can
be provided through the many listed contact areas on the Site. Any feedback you
provide shall
be deemed a Submission under the terms in the User Supplied Information section
above.
If you
register to become a ProfitGuard.com member, you are responsible for maintaining
the
confidentiality
of your member identification and password information, and for restricting
access to your
computer. You agree to accept responsibility for all activities that occur under
your member
identification and password.
JURISDICTION
This Web Site
is stored on a server located in the State of Michigan. ProfitGuard's principle
place of
business is located in the state of Michigan. These terms and conditions shall
be
governed by
and construed in accordance with the laws of the State of Michigan, and users of
this Web Site
agree that any dispute regarding these terms and conditions shall be raised in
the
courts located
in the State of Michigan. If any part of this Agreement is determined by a court
of
competent
jurisdiction to be invalid or unenforceable, it will not impact any other
provision of
this
Agreement, all of which will remain in full force and effect.
GENERAL
INFORMATION
the Web Site
("Agreement"). The Agreement supersedes any prior agreements between
the
parties
relating to the terms and use of the Web Site.
VIOLATIONS
Please report any violations of the Terms and Use Policy to ProfitGuard at