TERMS AND CONDITIONS OF USE
Effective Date: March 25, 2018
WARRANTY, RESPONSIBILITY and RETURN INFORMATION
The PROFIT PLATFORM carries our exclusive warranty against defects in workmanship and materials. If for any reason, other than abuse, a PROFIT PLATFORM should become unserviceable due to workmanshp or materials within a 1-year period after the product arrives at our customer's place of busioness, the product will be replaced at no charge provided the defective product is first returned to PROFIT PLATFORM LLC Abuse is excluded from this warranty.
It is important to note that our PROFIT PLATFORM warranty does not extend to any consequential damages nor does it apply when product is installed incorrectly or used for purposes other than its intended use. Also, since PROFIT PLATFORM, LLC does not plan or install your PROFIT PLATFORM or execute your event, PROFIT PLATFORM, LLC is not responsible for any consequences that arise from use of the PROFIT PLATFORM.
Accuracy, Completeness and Timeliness of Information
All of the information presented on this site is for informational purposes only. The information and features on this site do not constitute binding offers to sell, install or service the Profit Platform or any other product directly or indirectly sold or offered for sale hereon (hereinafter the "products or services") or otherwise described on the site, or to make such products or services available in your area. Profit Platform products or services may be sold, installed or serviced by independent contractors, and the purchase of any such products or services are subject to the terms and conditions of the applicable sale, lease or retail installment contract. Likewise, none of the information presented on this site regarding use, fitness for purpose or other such representation constitutes a binding contract.
Profit Platform does not represent or warrant that any products or services depicted or mentioned on this site are currently available for sale, installation or service, are still in production, or have been tested for commercial use. Regardless of any information presented on this site, Profit Platform reserves the right without prior notice to discontinue services, products, models, parts, accessories, and other items, or change specifications at any time, without incurring any obligations. This site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Although Profit Platform makes reasonable efforts to ensure that all material on this site is correct, accuracy and integrity cannot be guaranteed, and Profit Platform does not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the site.
Use of the Site
All content included on this site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, as well as the selection and arrangement thereof, are the exclusive property of Profit Platform, its affiliates, its licensors or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download and print the material contained on the site only for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited. Profit Platform retains full and complete title to the material provided on the site, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time in Profit Platform's sole discretion. Profit Platform neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Profit Platform.
You may not use contact information provided on the site for improper purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Profit Platform reserves the right, in its sole discretion, to terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any right or relief to which Profit Platform may be entitled, at law or in equity.
You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address or other identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
You acknowledge no relationship to Profit Platform other than that of customer. Neither party is an agent, representative, broker, employee, partner or joint venturer of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party.
This site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Your correspondence or business dealings with any entities found through linked sites are solely between you and such entity. Profit Platform is not responsible for any losses, damages, or other liabilities incurred as the result of any such dealings.
Trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of Profit Platform, its affiliates, its licensors, its content providers, and other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. Profit Platform reserves all rights not expressly granted in and to the site and its content.
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you must notify us by following the instructions in the section below entitled "How to Contact Us" and by also copying our legal counsel, Adam S. Bram, Esq., at the Law Offices of Adam S. Bram, who can be reached as follows:
e-mail legal counsel at:
call legal counsel at: (310) 472-7508;
fax legal counsel at (310) 472-7509;
write to legal counsel at: Law Offices of Adam S. Bram, Attn: Adam S. Bram, Esq., 11693
San Vicente Boulevard, Suite 125, Los Angeles, California 90049
To be effective, the notification must include ALL of the following:
- a physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;
- a description of the copyrighted work you claim has been infringed;
- information reasonably sufficient to locate the material in question on the site;
- your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Profit Platform to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Profit Platform is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. PROFIT PLATFORM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROFIT PLATFORM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. PROFIT PLATFORM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT PROFIT PLATFORM, ITS AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, PROFIT PLATFORM'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PROFIT PLATFORM OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PROFIT PLATFORM, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PROFIT PLATFORM IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND PROFIT PLATFORM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. PROFIT PLATFORM IS NOT LIABLE FOR ANY LOSS AS A RESULT OF OUR FAILURE TO PROVIDE A PRODUCT OR SERVICE OR AS A RESULT OF MECHANICAL BREAKDOWN, STRIKE, DELAY, FAILURE OR TERMINATION OF PROFIT PLATFORM'S WEBSITE, PRODUCTS, SERVICES OR OTHERWISE UNLESS PROFIT PLATFORM DOES SO DELIBERATELY OR IS GROSSLY NEGLIGENT. PROFIT PLATFORM ALSO IS NOT LIABLE FOR ANY FAILURE UNTIL YOU HAVE INFORMED PROFIT PLATFORM ABOUT IT IN WRITING AND GIVEN PROFIT PLATFORM A REASONABLE TIME TO CURE. YOU AGREE (A) THAT PROFIT PLATFORM WILL NOT HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE OR CLAIM WHICH ARISES AS A RESULT OF, OR IN CONNECTION WITH, YOUR AGREEMENT AND/OR YOUR USE OF ANY PROFIT PLATFORM PRODUCTS OR SERVICES EXCEPT TO THE EXTENT THAT SUCH LOSS, DAMAGE, EXPENSE OR CLAIM IS DIRECTLY ATTRIBUTABLE TO PROFIT PLATFORM'S DELIBERATE ACT (S) OR PROFIT PLATFORM'S GROSS NEGLIGENCE (PROFIT PLATFORM LIABILITY); AND (B) THAT PROFIT PLATFORM LIABILITY WILL BE SUBJECT TO THE LIMITS SET OUT IN THE NEXT PARAGRAPH. PROFIT PLATFORM WILL NOT UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO DATA, THIRD PARTY CLAIMS OR ANY CONSEQUENTIAL LOSS ARISING FROM ANYTHING IN CONNECTION WITH ANY PROFIT PLATFORM WEBSITE, PRODUCTS, SERVICES OR OTHERWISE . PROFIT PLATFORM STRONGLY ADVISES YOU TO INSURE AGAINST ALL SUCH POTENTIAL LOSS, DAMAGE EXPENSE OR LIABILITY. IN THE EVENT OF PROFIT PLATFORM LIABILITY AS DEFINED ABOVE, PROFIT PLATFORM WILL BE LIABLE: UP TO A MAXIMUM OF $1,000 (FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS) FOR DAMAGE TO YOUR PERSONAL PROPERTY, THIRD PARTY PERSONAL PROPERTY OR PERSONAL INJURY OF ANY KIND ARISING FROM THE MARKETING, SALE, INSTALLATION OR SERVICE OF ANY PROFIT PLATFORM WEBSITE, PRODUCTS, SERVICES OR OTHERWISE; UP TO A MAXIMUM EQUAL TO 125% OF THE TOTAL FEES PAID TO PROFIT PLATFORM UNDER SUCH AGREEMENT FROM WHICH THE PROFIT PLATFORM LIABILITY ARISES, UP TO THE DATE ON WHICH THE SUBJECT CLAIM IN QUESTION OCCURS OR $50,000 (WHICHEVER IS HIGHER). THE FOREGOING SHALL CONSTITUTE THE LIMITATION OF LIABILITY IN RESPECT OF ALL LOSSES, DAMAGES EXPENSES OR CLAIMS.
This agreement and any posted policies or operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
How to Contact Us
- call us at: (310) 292-9857;
- fax us at (310) 373-8627;
- write to us at: PROFIT PLATFORM, LLC, Attn: Chief Privacy Officer, 1725 Burbury Way, San Marcos, California 92078
If your inquiry is legal in nature or is an effort to attempt to notify us of some impending legal issue, you must also serve a notice by copying our legal counsel, Adam S. Bram, Esq., at the Law Offices of Adam S. Bram, who can be reached as follows:
- call legal counsel at: (310) 472-7508;
- fax legal counsel at (310) 472-7509;
- write to legal counsel at: Law Offices of Adam S. Bram, Attn: Adam S. Bram, Esq., 11693 San Vicente Boulevard, Suite 125, Los Angeles, California 90049
To be effective, the notification must include ALL of the following:
- a description of the issue, claim or matter;
- information reasonably sufficient to fully and sufficiently apprise us of the matter in question; and
- your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit PROFIT PLATFORM to contact you;
PROFIT PLATFORM is under no obligation to respond, post, forward, transmit, distribute or otherwise provide any material you provide to us, and so we have an absolute right to respond or refrain from responding to any such notice in our sole discretion at any time.
Thank you for visiting our site.