Terms and Use Policy

Welcome to ProfitGuard, L.L.C.’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. Your use of this Web Site is conditioned on the following terms. If you do not agree with any of the terms, you must exit the site immediately.

Use Restrictions

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. The information, graphics, and/or audio (“Content”) presented on the Web Site is 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.

This Web Site contains Content protected by law, including but not limited to copyrights and trademarks. Some of the intellectual property rights on this Web Site include: ProfitGuard; www.eprofitguard.com; Credit Risk Newsletter, Credit Outlook; ProfitGuard Credit Scoring Table; Calculated Credit Line; Analyst Assigned Guideline; Credit Alert Service; Units-based Subscription; PG Score; Payment Quality Score (PQS Score); Recommended credit amount and terms; “Credit solutions for the Industrial Sector”; and “No the Risk Before You Ship”

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.

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 plan for this disclosure.

Warranty Disclaimer and Limitation of Liability

Because of the open access to this Web Site, its contents are provided “AS IS.” ProfitGuard cannot and does not warrant or guarantee the accuracy, timeliness, or completeness of the materials presented on this Web Site. WITH RESPECT TO THE CONTENTS OF THE WEB SITE, PROFITGUARD SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN NO EVENT WILL PROFITGUARD BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE CONTENTS OF THE WEB SITE OR OUT OF THE USE OF THIS WEB SITE.

ProfitGuard may offer certain links to other web sites to provide additional information to its users. These other sites, however, are not under ProfitGuard’s control, and ProfitGuard neither endorses nor is responsible for the content on such sites.

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.

Jurisdiction

This Web Site is stored on a server located in the State of Michigan. ProfitGuard’s principal 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.

General Information

The Terms and Use Policy constitutes the entire agreement between ProfitGuard and the user of 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 Terms@eprofitguard.com