1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the pricingforprofit.com service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and pricingforprofit.com, an Internet service of Culture of Profit, LLC.
1.2 pricingforprofit.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service.
1.3 YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 pricingforprofit.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. pricingforprofit.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. pricingforprofit.com CONTENT
2.1 The contents of the Service are intended for your personal, noncommercial use. All materials published on pricingforprofit.com (including, but not limited to book or magazine excerpts, news articles, photographs, /images, illustrations, also known as the "Content") are protected by copyright, trademarks, trade secrets, patents or other proprietary rights and protected in all forms, media and technologies now or hereinafter developed. The Content is owned or controlled by and shall remain the property of Culture of Profit, LLC, pricingforprofit.com, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to US and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display or in any way exploit any of the Content or the Service (including software) in whole or in part unless otherwise noted.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from pricingforprofit.com, or the copyright holder identified in the copyright notice contained in the Content.
2.4 You, not Culture of Profit, LLC, pricingforprofit.com, or the party credited as the provider of the content, are liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm arising from your failure to abide by the provisions of this Section 2.
3. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
3.1 pricingforprofit.com contains links to other related World Wide Web Internet sites, resources and sponsors of pricingforprofit.com. Our decision to link to another website is not an endorsement of the content in that linked website. We are not responsible for the availability of the outside resources or content of any other website, nor do we make any warranties or representations regarding the content or accuracy of material on such websites. If you decide to access linked websites, you do so at your own risk. You should direct any concerns to the administrator or webmaster of that website.
4. REPRESENTATIONS AND WARRANTIES BY YOU
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted to pricingforprofit.com will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen (13) years old. You hereby indemnify, defend and hold harmless Culture of Profit, LLC and pricingforprofit.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Culture of Profit, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
5.1 NEITHER Culture of Profit, LLC NOR pricingforprofit.com NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY CONTRIBUTOR (COLLECTIVELY THE "COMPANY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OF THE CONTENT, NOR ITS FITNESS FOR ANY PURPOSE. NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY LOSS, DAMAGE, INJURY OR WRONGFUL DEATH CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, INSTRUCTION, OPINION OR ADVICE CONTAINED IN THE CONTENT. THE SERVICE IS BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE COMPANY PARTIES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. NONE OF THE COMPANY PARTIES MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. ALL OF THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE, INSTRUCTION OR INFORMATION GIVEN BY ANY OF THE COMPANY PARTIES SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH INFORMATION, INSTRUCTION OR ADVICE. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE COMPANY PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
6. COMMUNICATIONS BETWEEN pricingforprofit.com AND SUBSCRIBERS
6.1 Culture of Profit, LLC reserves the right to send electronic mail to you for the purpose of informing you of additional offline products or services or of changes or additions to the Service.
6.2 Culture of Profit, LLC reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. For more information please read the privacy statement of pricingforprofit.com.
7. SOFTWARE LICENSES
7.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by Culture of Profit, LLC, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer or create derivative works from Access Software.
8.1 You may terminate your subscription at any time by using the designated subscribe/unsubscribe link or by Contacting Us. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your subscription will be terminated within 24 hours.
8.2 Culture of Profit, LLC may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
9.1 This Agreement has been made in and shall be construed and enforced in accordance with Massachusetts law. Any action to enforce this agreement shall be brought in the federal or state courts located in the Commonwealth of Massachusetts.
9.2 Notwithstanding any of the foregoing, nothing in this Agreement will serve to preempt the promises made in the privacy statement of pricingforprofit.com.
9.3 You agree to report any copyright violations of this agreement to Culture of Profit, LLC as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Service, please Contact Us.