The Profit Link is subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on November 1, 2019. By accessing and using this Site, you agree to these Terms. If you do not agree to these Terms or are legally unable to agree to these Terms, you may not use the Site. For an explanation of our practices and policies related to the collection, use, and storage of our users’ information, please refer to Section 11 of these Terms, as well as to our Privacy Policy

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1. Copyrights

All content and functionality on or available through the Site, including articles, notes, or other materials available for access through the Site which are subject to additional license terms or other restrictions, some of which may be available only to Registered Users (collectively, the “Downloadable Content”) and any text, graphics, logos, icons, and images and the selection and arrangement thereof, otherwise available through the Site ( collectively, the “Site Content”) is exclusively owned by us and our licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. Neither the Site Content nor functionality of the Site may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without our written permission. Except as expressly provided herein, we do not grant any express or implied right to any users of the Site under any patents, copyrights, trademarks, or trade secret information.

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2. Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of The Profit Link and our licensors. You agree that you will not refer to or attribute any information to us or our licensors in any public medium (e.g., press release, websites, social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, us or our licensors without our prior written authorization.

 

3. Use of site content

We hereby grant you a non-exclusive, non-transferable license for the term hereof to access the Site Content solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without our prior written consent. We are not an investment adviser, and thus we cannot and do not provide investment advice. We do not take into account your individual circumstances, objectives, or needs. Nothing herein is intended to serve as investment advice, or a recommendation of any particular transaction or investment, any type of transaction or investment, the merits of purchasing or selling securities, or an invitation or inducement to engage in investment activity. Statements of expectation, forecasts and projections relate to future events and are based on assumptions that may not remain valid for the whole of the relevant period. Consequently, they cannot be relied upon, and we express no opinion as to how closely the actual results achieved will correspond to any statements of expectation, forecasts or projections. While these materials are based on sources believed to be reliable, we do not warrant their completeness or accuracy. We shall not be responsible for your decisions or actions based on these materials.

In no event may you attempt to gain access to the Site, any Site Content, any User Account other than your own or any other materials, information, data, networks or systems owned or operated by us or on our behalf through any means not intentionally made available to you by us. In addition, you agree not to use robots, spiders, scripts or web-scraping tools to scrape, or otherwise download in bulk or other than as reasonably required in connection with the intended use of the Site, any Site Content, including any Downloadable Content or User Content. In order to ensure that the content within the site remains secure, you should only access the site from computers and mobile devices owned or otherwise approved by your organization.

 

4. User registration information

In order to use certain features of the Site, you must first register with us through “Join The Profit Link” or creating an account. By doing so, we will store the fields you provide upon registration. When you use sign-in and register to and access the Site, you give us express permission to store and use your profile data described in these terms and to share your profile data with third parties. All of this information that you provide to us comprises your “User Registration Information”.

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5. User postings

You acknowledge and agree that we shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you may post or otherwise publish on the Site or provide to us through your use of the Site, including feedback or comments about the Site or any Site Content (collectively, “User Content”), and you hereby waive any claims against us for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with our use and publication of such User Content. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. We do not and cannot review all information posted to the Site by users and are not responsible for such information. However, we reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

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6. Notices of infringement and takedown by The Profit Link

We prohibit the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to us at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. We will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. Section 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Our contact for submission of notices under this Section 6 is: Legal Department, The Profit Link, Inc.

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7. Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR THIRD-PARTY CONTENT AND SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, AVAILABILITY OR ADEQUACY OF THE SITE OR SITE CONTENT, INCLUDING ANY USER CONTENT OR DOWNLOADABLE CONTENT AVAILABLE THROUGH THE SITE, EXCEPT AS OTHERWISE EXPRESSLY AGREED IN WRITING. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER WE NOR OUR THIRD-PARTY CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

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8. Third-party websites

We may provide links to third-party websites, and some of the content appearing to be on this Site may be supplied by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers or by redirecting your browser to websites hosted by third-parties in order to provide certain services. Such links or redirections to or displays of third party content do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third party web site, or the information contained therein. Except as expressly set forth herein, we have no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.

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9. Governing law; jurisdiction

These Terms are governed by the laws of the State of Tennessee without reference to the principles of conflicts of laws thereof.

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10. Termination; Discontinuation of the Site

You agree that we, in our sole discretion, may terminate your use of the Site, including your User Account and your access to any Site Content, for any reason or no reason, including if you violate these Terms or any other Terms applicable to your use of the Site or the Site Content, upon notice to you. In addition, we reserve the right at any time in our sole discretion to cancel, delay, reschedule, or alter the format of the Site or the Site Content made available through the Site, or to cease providing any part or all of the Site, the Site Content, or related services, and you agree that your right to use the Site (or such portion thereof) and any applicable Site Content shall cease immediately and that we shall have no liability to you for such an action. If you no longer desire to have access to the Site, you may terminate your participation in the Site at any time. The rights granted to you hereunder will terminate automatically upon any termination of your right to use the Site; provided, however, that any provision necessary to enforce your or our rights or obligations hereunder shall survive the termination of these Terms.

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11. Privacy

We understand that your privacy is important to you and we are committed to respecting your privacy and protecting your personally-identifiable information. Your use of the Site is subject to and governed by these Terms and our Privacy Policy, By assenting to these Terms and using the Site, you confirm your agreement with, and understanding of, our Privacy Policy. YOU ARE ENCOURAGED TO PRINT AND TO READ THIS SECTION 11 AND THE RELATED PRIVACY POLICY CAREFULLY AND TO CONTACT US BEFORE COMMENCING YOUR USE OF THE SITE IF YOU HAVE ANY QUESTIONS ABOUT OUR PRIVACY POLICY OR THESE TERMS.

Because our Privacy Policy applies to a variety of The Profit Link sites and activities, we would like to highlight for you here a few ways in which we collect and use information about you in connection with the Site that may be different from, or not fully described in, the Privacy Policy. In order to access certain areas or features of the Site, you may first be required to provide additional information, such as additional User Account Information or payment information. We use this information to verify your identity, fulfill your requests and for other purposes authorized of us by these Terms and our Privacy Policy.

When you register with us and access the Site by using your LinkedIn sign-in, you give us express permission to access your LinkedIn account and network through our Site, store, import and use your profile data from your LinkedIn account described in these terms and share your profile data with third parties. Any of your information received from LinkedIn is subject to your setting or LinkedIn’s privacy policies. We may use third-party services to track and analyze non-personally identifiable user activity in order to fix errors, monitor usage, and improve the performance of the Site.

If at any time you wish to delete your User Account, you may contact us through the Site and we will delete your User Account and your User Account Information. Unless you have requested that we delete your User Account Information, we may retain User Account Information and User Content in our possession indefinitely in order to use it for purposes authorized by these Terms and/or our Privacy Policy. We may also delete or suspend your User Account without advance notification to you if you have violated or we suspect you may have violated these Terms or any law, regulation or The Profit Link policy applicable to the Site. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND OUR PRIVACY POLICY, THESE TERMS SHALL CONTROL.

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12. Miscellaneous

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section 12. If any provision of these Terms is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect. Any rights not expressly granted herein are reserved.