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 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 [email protected]

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