Subscriber Agreement
SUBSCRIBER AGREEMENT
BEFORE YOU CLICK ON THE "I AGREE" CHECK-BOX PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.BY CLICKING ON THE "I AGREE" CHECK BOX YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
This Subscriber Agreement sets forth the standards of use of the ProfitXcelerator Inc. / ProfitXcelerator.com Online Service for Registered Subscribers. By using the ProfitXcelerator Inc. / ProfitXcelerator.com website you (the “Subscriber”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being posted at ProfitXcelerator.com (the “Site”). Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Privacy Policy
Please review our Privacy Policy which is part of this Agreement and describes how ProfitXcelerator Inc. / ProfitXcelerator.com treats your personal information.2. Use of Website
This website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by ProfitXcelerator Inc. / ProfitXcelerator.com.3. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with ProfitXcelerator Inc. / ProfitXcelerator.com's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at: ProfitXcelerator.com4. Subscription Fees and Payments
Certain Site services are available only through the purchase of a Site subscription (“Subscription-Based Services”), some of which, at your option, may be billed either monthly, annually or similar periodic fees. In order to provide you with uninterrupted service, most of our online Subscription-Based Services renew automatically at the end of the applicable subscription period at the rate then in effect. We alert you at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, ProfitXcelerator Inc. / ProfitXcelerator.com will automatically charge your payment card for an auto-renewing subscription unless you cancel your subscription by notifying ProfitXcelerator Inc. / ProfitXcelerator.com by E-mail or as designated on the website of your decision to terminate your subscription.- You agree to pay, using a valid payment card which ProfitXcelerator Inc. / ProfitXcelerator.com accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the monthly, annually or similar periodic fee subscription charges to access the Subscription-Based Services. All fees and charges are non-refundable. ProfitXcelerator Inc. / ProfitXcelerator.com reserves the right to increase fees and surcharges, including fees for Subscription-Based Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you based on contact information you provide in your “My Account” page. Notwithstanding the foregoing, if you purchase a Subscription-Based Service on an annual basis, your rate remains in effect throughout the subscription year, and is subject to increase only for subsequent subscription years. If you purchase a Subscription-Based Service on a monthly basis, the rate for that Subscription-Based service is subject to change at any time for subsequent months, effective upon prior notice to you.
- Unless you take action to cancel your auto-renewing subscription through one of the methods described below, ProfitXcelerator Inc. / ProfitXcelerator.com will automatically charge your payment card listed in your account to renew your Subscription-Based Services. In the event ProfitXcelerator Inc. / ProfitXcelerator.com cannot charge the payment card listed in your account, we reserve the right to terminate your access to the Subscription-Based Services.
- In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including the Subscription-Based Services.
- For purposes of identification and billing, you agree to provide ProfitXcelerator Inc. / ProfitXcelerator.com with accurate, complete, and updated information required when purchasing a product or service on our Site, including registering for a Subscription-Based Service ("Registration Data"). Registration Data may include your name, address, telephone number(s), email address and applicable payment card data (e.g., payment card number and expiration date). You may check your “My Account” page to determine whether your Registration Data is current and accurate. You may update your Registration Data at any time through the My Account feature by clicking the My Account link located at the top of the ProfitXcelerator.com home page and logging in with your username and password. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at ProfitXcelerator Inc. / ProfitXcelerator.com option, result in immediate suspension or termination of your right to use our Site, including the Subscription-Based Services.
- You agree to promptly update your Registration Data in your “My Account” page if you know of or suspect unauthorized use of your Subscription-Based Service or other Site service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment card information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your payment card expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription-Based Service or other Site service is subject to use without your authorization, go to your “My Account” page to update your Registration Data or call Customer Service at (805) 494-4344
5. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting to or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of ProfitXcelerator Inc. / ProfitXcelerator.com nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that ProfitXcelerator Inc. / ProfitXcelerator.com does not pre-screen all content, but that ProfitXcelerator Inc. / ProfitXcelerator.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via the Communication Services. Without limiting the foregoing, ProfitXcelerator Inc. / ProfitXcelerator.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that ProfitXcelerator Inc. / ProfitXcelerator.com is not responsible for any content sent using and/or included in the Site by any third party.
6. Feedback
ProfitXcelerator Inc. / ProfitXcelerator.com enables visitors to its site to submit feedback on the site. If you submit feedback on the site, you grant ProfitXcelerator Inc. / ProfitXcelerator.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback throughout the world in any media. You also grant ProfitXcelerator Inc. / ProfitXcelerator.com and its affiliates and sub-licensees the right to use the name that you submit with any feedback, if any, in connection with such feedback.7. Copyright and Restrictions
This Web site contains proprietary material of ProfitXcelerator Inc. / ProfitXcelerator.com (or material that other suppliers have licensed to ProfitXcelerator Inc. / ProfitXcelerator.com for their use) which is protected by copyright and other laws respecting proprietary rights. ProfitXcelerator Inc. / ProfitXcelerator.com retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use ProfitXcelerator.com except as expressly permitted under this Agreement and under United States and International copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.End users who are duly authorized may Access ProfitXcelerator.com for individual use, i.e., may view the information on screen; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from ProfitXcelerator.com. Any use not authorized by the Agreement is prohibited and is not a fair use under the United States and International copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause ProfitXcelerator Inc. / ProfitXcelerator.com and/or ProfitXcelerator Inc. / ProfitXcelerator.com’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by ProfitXcelerator Inc./ ProfitXcelerator.com, and/or any of ProfitXcelerator Inc. / ProfitXcelerator.com’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of ProfitXcelerator Inc. / ProfitXcelerator.com; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by ProfitXcelerator Inc. / ProfitXcelerator.com.
If you breach any provision of this Agreement, ProfitXcelerator Inc. / ProfitXcelerator.com may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
8. Notification of Claimed Copyright Infringement
ProfitXcelerator Inc. / ProfitXcelerator.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement then you may request the content be removed from the Site in accordance with the procedures described below. You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) ("Notice") to the agent we have designated with the Copyright Office: ProfitXcelerator Inc. 3221 Thousand Oaks blvd. Unit #Q Thousand Oaks, Ca, 91362 Attn: Ken Levine kq@verizon.netTo comply with the Copyright Act, your Notice must be in writing and must include:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Trademarks
ProfitXcelerator is a trademark of ProfitXcelerator Inc. ProfitXcelerator and other ProfitXcelerator graphics, logos, and service names are trademarks of ProfitXcelerator Inc. ProfitXcelerator’s trademarks may not be used in connection with any product or service that is not ProfitXcelerator’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ProfitXcelerator.10. Patents
The software and processes of this web site are patent pending.11. Limitations on Use
The following activities are prohibited. You agree not to: a. Use Web-accelerated browsers or products and other applications that are capable of copying large portions of content from the Site. ProfitXcelerator.com can detect the use of these systems through live logfile analysis and will ban any future use by offenders and/or offending IP addresses; b. Use robots and crawlers, or similar technology. We are able to detect robots violating the guidelines and we will ban any offenders and/or offending IP addresses; c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality; d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site; f. Access the Site by any means other than through the interface that is provided by ProfitXcelerator.com, or attempt or access any area of the Site to which your access is not authorized; or g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.12. Modifications and Interruption to Service
ProfitXcelerator Inc. / ProfitXcelerator.com reserves the right to modify or discontinue the Service with or without notice to the Subscriber. ProfitXcelerator Inc. / ProfitXcelerator.com shall not be liable to Subscriber or any third party should ProfitXcelerator Inc. / ProfitXcelerator.com exercise its right to modify or discontinue the Service. Subscriber acknowledges and accepts that ProfitXcelerator Inc. / ProfitXcelerator.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.13. Accuracy and Availability of Information
The Site contains database information and other content compiled by ProfitXcelerator.com. While we use commercially reasonable efforts to provide accurate information, ProfitXcelerator Inc. / ProfitXcelerator.com gives no warranty as to the accuracy of the database and other content on the Site. ProfitXcelerator Inc. / ProfitXcelerator.com reserves the right to withdraw or delete information or content from the Site at any time.14. Links to Third Party Sites
ProfitXcelerator.com does not endorse the content on any third-party Web site, including Web sites of ProfitXcelerator.com's affiliates ("Third-Party Sites"). ProfitXcelerator.com is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that ProfitXcelerator.com is not your agent and is not a party to any transaction at a Third-Party Site.15. Representations and Warranties
You represent and warrant to ProfitXcelerator Inc. / ProfitXcelerator.com that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.16. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY ProfitXcelerator Inc. / ProfitXcelerator.com AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND ProfitXcelerator Inc. / ProfitXcelerator.com AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ProfitXcelerator Inc. / ProfitXcelerator.com DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.17. Limitation of Liability
ProfitXcelerator Inc. / ProfitXcelerator.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ProfitXcelerator Inc. / ProfitXcelerator.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ProfitXcelerator Inc. / ProfitXcelerator.com HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.18. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL ProfitXcelerator Inc. / ProfitXcelerator.com OR ANY OF ITS AFFILIATES BE LIABLE TO SUBSCRIBER AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY ProfitXcelerator Inc. / ProfitXcelerator.com FROM SUBSCRIBER FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO SUBSCRIBER’S CLAIM. THE ONLY REMEDY AVAILABLE TO SUBSCRIBER FOR ANY LOSS ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT IS EXCLUSIVELY THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY ProfitXcelerator Inc. / ProfitXcelerator.com FROM SUBSCRIBER FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO SUBSCRIBER’S CLAIM.19. Indemnity
Subscriber (You) agree to indemnify and hold ProfitXcelerator Inc. / ProfitXcelerator.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Subscribers use of the Site or any services available on the Site, the violation of this agreement, or infringement by Subscriber, or other user of the Site using Subscriber’s registered account, of any intellectual property or any other right if any person or entity.20. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.21. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.22. Termination
ProfitXcelerator Inc. / ProfitXcelerator.com may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that ProfitXcelerator Inc. / ProfitXcelerator.com, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or ProfitXcelerator Inc. / ProfitXcelerator.com. ProfitXcelerator Inc. / ProfitXcelerator.com may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.23. Assignment
You agree not to assign your rights under this Agreement without the consent of an authorized representative of ProfitXcelerator Inc. / ProfitXcelerator.com in a non-electronic record, and any assignment without ProfitXcelerator Inc. / ProfitXcelerator.com's consent will be voidable at ProfitXcelerator Inc. / ProfitXcelerator.com's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.24. Applicable Law and Disputes
This Agreement is governed by the laws of the State of California, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate ProfitXcelerator Inc. / ProfitXcelerator.com and/or its affiliates' intellectual property rights, ProfitXcelerator Inc. / ProfitXcelerator.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.Any other disputes will be resolved as follows:
If a dispute arises under this agreement, the parties agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Los Angeles, Ca. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties.
If the parties cannot arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration at the following location: Los Angeles, Ca. under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.