Revision Date: February 16, 2013
This TOU governs your use of any Company website, including but not limited to www.CreditAndSales.com, www.ProfitInnerCircle.com, www.ChiefProfitOfficer.com, www.DavyTyburski.com (hereinafter and collectively known as the “Website”). By accessing the Website, you are indicating your acknowledgment and acceptance of these TOU, which may be changed at the discretion of the Company, at any time, with reasonable notice. Your use of this Website, after such reasonable notice has been given, constitutes your acknowledgment of the changes, and acceptance of the TOU. You are strongly encouraged to consult these TOU on a regular basis for notice of such changes.
1. ACCESS TO THIS WEBSITE
To access this Website or some of the resources it has to offer, You may be asked to provide certain registration details or other information. It is a condition of Your use of this Website that all the information you provide is true, correct, current, and complete. You are responsible for providing Company with current and accurate information on an ongoing basis. If Company believes the information you provide is not correct, current, or complete, Company has the right to refuse you access to this Website or any of its resources, and/or to terminate or suspend your access.
2. RESTRICTIONS ON USE
You may use this Website for purposes expressly permitted by this Website. You may not use this Website for any other purpose, including any commercial purpose, without Company’s consent. For example, You may not (and may not authorize any other party to:
a. co-brand this Website, or
b. frame this Website.
For purposes of the TOU, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to cooperate with Company in causing any unauthorized co-branding and/or framing immediately to cease.
3. PROPRIETARY INFORMATION
The material and content accessible from this Website, and any other Website owned, operated, licensed, or controlled by the Company (the “Content”) is the proprietary information of the Company or the party that provided the Content to the Company, and Company or the party that provided the Content to Company retains all right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the TOU violates Company intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Website.
This Website may be hyper-linked to other Websites which are not maintained by, or related to, Company. Hyper-links to such Websites are provided as a service to users and are not sponsored by or affiliated with this Website or Company. Company has not reviewed any or all of such Websites and is not responsible for the content of those Websites. Hyper-links are to be accessed at the user's own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Websites hyper-linked to this Website. Further, the inclusion of any hyper-link to a third-party Website does not necessarily imply endorsement by Company of that Website.
You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. It is your responsibility to verify any and all information you read, access, see, discover, or obtain through the Website.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Website, and Company nonetheless does not guarantee its accuracy or completeness, nor does Company undertake any obligation to update such information after it is posted or to remove such information from this Website if it is not, or is no longer, accurate or complete.
7. LIMITATION ON LIABILITY
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the TOU by you, including any use of Content other than as expressly authorized in the TOU. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.
Trademarks, service marks, and logos appearing in this Website are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.
10. INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this Website any material that:
a. you do not have the right to post, including proprietary material of any third party;
b. advocates illegal activity or discusses an intent to commit an illegal act;
c. is vulgar, obscene, pornographic, or indecent;
d. does not pertain directly to this Website;
e. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
f. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
g. infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
h. violates any law or may be considered to violate any law;
i. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
j. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;
k. solicits funds, advertisers, or sponsors;
l. includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
m. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this Website;n. includes MP3 format files;
o. amounts to a “pyramid” or similar scheme;
p. disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or
q. contains hyper-links to other Websites that contain content that falls within the descriptions set forth above.
Company reserves the right to monitor use of this Website to determine compliance with these TOU, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.
Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, company reserves the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these TOU.
Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these TOU.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
The TOU will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and Company arising out of the TOU or pertaining to the subject matter hereof. The parties to the TOU each agree that the exclusive venue for any dispute between the parties arising out of the TOU or pertaining to the subject matter of the TOU will be in the state and federal courts in San Antonio, Texas. If any part of the TOU is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The TOU constitute the entire agreement among the parties relating to this subject matter. Company may revise the TOU at any time by updating this posting.