ProfitStreams, LLC Terms of Use

Acceptance of Terms of Use and Revisions to the Agreement

ProfitStreams LLC ("ProfitStreams") provides a variety of information, resources, data, Content (as defined below) and other benefits (collectively, the "Services") to our website visitors via ProfitStreams websites (individually, the "Site", or collectively "Sites").

Your use of any of the ProfitStreams Services, is subject to this Terms of Use Agreement (the "Agreement"). BY ACCESSING, BROWSING AND/OR USING THE SERVICES (referred to as "Use" or "Using" the Services), YOU ARE DEEMED TO ACCEPT THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO USING THE SERVICES. In addition, if you are Using a particular Service on or through the Sites, you will be subject to any rules or guidelines applicable to those Services and they shall be incorporated by reference into this Agreement. Please see our Privacy Policy, which is incorporated into this Agreement by reference. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES.

ProfitStreams may revise this Agreement in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the ProfitStreams Sites. If you continue to Use the Services following the posting of a revised Agreement, it will constitute your acceptance of any such changes and of the revised Agreement. The most current version of the Agreement will always be made available by us here: Please check this page from time to time to view the most current Agreement.

Our Intellectual Property Rights and Services

All Services and information or data of any kind, whether text, images, software, code, audio, music or sound, photographs or graphics, video, databases, messages, or other materials ("Content") is intended for your personal or internal business use. Unless otherwise noted, all Content provided by us is the property of ProfitStreams or our licensors, and protected by United States and international copyright laws. ProfitStreams is the owner of the compilation of Content that is posted on the Sites. However, ProfitStreams does not necessarily own each component of the compilation. The Content that ProfitStreams makes available on the Sites may be owned by ProfitStreams, owned by others and used with their permission (such as user-generated Content), or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

ProfitStreams endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, ProfitStreams can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site(s), please contact ProfitStreams Customer Support at 888.502.6821.

All software used on and provided by the Services is the property of ProfitStreams or our licensors and protected by United States and international copyright laws. Subject to the terms of this Agreement, ProfitStreams hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use Services for your personal or internal business use only. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying Services and/or Content for other than personal or internal business use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the Services and/or Content, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

All rights not expressly granted herein are reserved.

Our Sites and Services are provided to you on and through our Sites on an "AS IS" and "AS AVAILABLE" basis. You agree that we reserve the exclusive right as the owners of the Sites and may, at any time and without notice and any liability to you, modify or discontinue the Sites and its Services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

Interactive Site Features and Third Party Content

ProfitStreams provides certain interactive features, such as blogs, for the exchange of ideas and information by visitors, users, guests and subscribers. Accordingly, ProfitStreams encourages you to interact with its Sites, subject to the following conditions:

ProfitStreams reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in ProfitStreams' judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. ProfitStreams is not responsible for any user-generated content that is posted on the Sites or for any failure or delay in removing such content.

Privacy Policy

Our Privacy Policy governs the collection and use of guest data, subscriber data, other Services data, and certain other information that will be obtained as you Use the Site(s) and Services. Please review the Privacy Policy before you Use the Services. Our Privacy Policy may be viewed here: Privacy Policy.

Automated Queries Are Not Allowed

Automated queries may never be sent by you to our Services unless ProfitStreams has provided you with express written permission. "Sending automated queries" includes, among other things:

  1. using any software which sends queries to our Site(s) to determine how a Site or Sites "rank" for various queries;
  2. "meta searching"; and
  3. performing "offline" searches on the Site(s).

Your Conduct

You agree that all Content, publicly or privately provided, shall be the sole responsibility of the person or company providing the Content. You agree that our Sites may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on the Sites nor for any error or omission.

You agree to only Use (or attempt to Use) the Services through interfaces provided by ProfitStreams. You agree to comply with the instructions in any robots.txt file present on the Services.

You explicitly agree, in using the Site(s) or any Services provided, that you shall not, nor shall you allow others to, directly or indirectly:

  1. engage in any activity that is in violation of this Agreement or provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt the Site(s) or any Services provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
  2. harm or threaten to harm users in any manner;
  3. harm or threaten to harm minors in any manner;
  4. stalk or harass any person or entity;
  5. impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
  6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  7. collect or store or attempt to collect or store any data about others, including passwords, account or other information;
  8. attempt to or actually engage in any activity that may interrupt, disrupt, impair or interfere with, alter or modify our Services, any Content, or any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  10. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  11. provide or use the Site(s) and any Content or Services in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, unauthorized re-directs of links or URLs, or any other form of unauthorized advertising without our prior written consent; and/or
  12. disrupt the normal flow of dialogue or act in a manner that negatively affects other users' ability to engage in real time exchanges.

Submission of Content on the Sites

By providing any Content to our Site(s):

  1. you agree to grant to us, and assure you may legally do so, a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part, unless otherwise specified, such as with some white papers, presentations and similar material. Such license will apply with respect to any form, media, technology known or later developed;
  2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this section;
  3. you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason, with or without notice; and
  4. you acknowledge, consent and agree that ProfitStreams may access, preserve and disclose your account information (if such information exists) if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ProfitStreams, its users and/or the public.

Interstate Data Transmission

You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ProfitStreams and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

By agreeing to this Agreement, you acknowledge that use of the Services results in interstate data transmissions because of ProfitStreams' network architecture, business practices and the manner in which electronic communications are processed.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Third Party Sites and Services

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ProfitStreams has no control over such sites and resources, you acknowledge and agree that ProfitStreams is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ProfitStreams shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Goods and services of third parties may be advertised and/or made available on or through this Site(s). Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

Indemnification

You agree to indemnify and hold us and our subsidiaries, affiliates, alliances, related parties, officers, directors, employees, agents, attorneys independent contractors, advertisers, partners, licensors and co-branders harmless from any claim or demand, including reasonable attorneys fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Sites or Services, your provision of Content, your violation of this Agreement or any other violation of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE(S) AND ANY SERVICES OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ProfitStreams OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

ANY MATERIAL UPLOADED, TRANSMITTED, OR DOWNLOADED FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK; AND ProfitStreams AND ITS SUBSIDIARIES, AFFILIATES, ALLIANCES, RELATED PARTIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS INDEPENDENT CONTRACTORS, ADVERTISERS, PARTNERS, LICENSORS AND CO-BRANDERS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE USE OF THE SERVICES OR UPLOAD, POSTING, TRANSMITTAL, OR DOWNLOAD OF CONTENT, FILES, OR SOFTWARE OR OTHER MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ProfitStreams, ITS SUBSIDIARIES, AFFILIATES, ALLIANCES, RELATED PARTIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS INDEPENDENT CONTRACTORS, ADVERTISERS, PARTNERS, LICENSORS AND CO-BRANDERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (i) THE USE OF OR THE INABILITY TO USE THE SERVICES, (ii) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Sites, the Sites' content, and the goods and Services that may be provided. The use of our rights and property requires our prior written consent. Except as otherwise provided herein, we are not providing you with any implied or express licenses or rights by making Services available to you and you will have no rights to make any commercial uses of our Sites or Services without our prior written consent.

Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:

useandprivacy@ProfitStreams.com

No Resale of Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services.

Modifications to Service

ProfitStreams may modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ProfitStreams shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Termination

You agree that ProfitStreams may, under certain circumstances and without prior notice, immediately terminate your access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination includes (a) removal of access to all offerings within the Services and (b) barring of further Use of the Services. Further, you agree that all terminations for cause shall be made in ProfitStreams' sole discretion and that ProfitStreams shall not be liable to you or any third party for any termination of access to the Services.

Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ProfitStreams shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

No Third-Party Beneficiaries

This Agreement is not enforceable by or for the benefit of any third-party.

Trademarks

Without ProfitStreams' prior permission, you agree not to display or use in any manner the ProfitStreams marks.

Entire Agreement

This Agreement governs your use of the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ProfitStreams Services, affiliate services, third party content or third party software.

Applicable Law

You agree that this Agreement and any dispute arising out of your Use of the Sites or our products or Services shall be governed by and construed in accordance with the laws of the State of Colorado. By registering or Using the Site(s) and Services you consent and submit to the exclusive jurisdiction of the courts of competent jurisdiction in Colorado. The parties agree that service of process upon their registered agents, whether located within or without the State of Colorado, shall suffice to bring the parties within the jurisdiction of the Courts in Colorado.

Severability

If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected.

Waiver

The failure of ProfitStreams to exercise or enforce any right or provision of the Agreement or breach of this Agreement by you shall not constitute a waiver of such right or provision.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Contact Us

Should you have any questions or concerns about this Agreement, please contact us here:

ProfitStreams, LLC
1123 Auraria Parkway
Suite 300
Denver, CO 80204
Attn: Terms of Use and Privacy

and/or

useandprivacy@ProfitStreams.com




This Agreement has been updated as of June 05, 2010.