| FINDPROFIT
TERMS OF USE AGREEMENT
THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES.
PLEASE READ IT CAREFULLY.
Last revised: June, 2003
PLEASE READ THIS "TERMS OF USE" AGREEMENT CAREFULLY
BEFORE USING THIS WEBSITE.
FindProfit, LLC ("we" "us", "FindProfit")
provides the website known as FindProfit.com, as well as all services
related to the website ("the Site"), including various
newsletters ("Newsletters") subject to your compliance
with the terms and conditions set forth in this Agreement. By using
the Site or Newsletters, you agree to be bound by these terms and
conditions. If you do not agree to these terms and conditions, please
do not use the Site.
This Agreement is made between FindProfit and you, the user and/or
member of the Site ("you"). We reserve the right at any
time to: Change the terms and conditions of this Agreement; Change
the Site, including eliminating or discontinuing any content on
or feature of the Site; or Change any fees or charges for use of
the Site.
Be sure to review this Agreement periodically to ensure familiarity
with the most current version.
Privacy. Our policy with respect to the collection
and use of your personal information is set forth in our Privacy
Policy.
Code of Conduct. While using the Site you agree
not to:
• Restrict or inhibit any other visitor or member from using
the Site, including, without limitation, by means of "hacking"
or "cracking" or defacing any portion of any of the Site;
• Use the Site for any unlawful purpose;
• Express or imply that any statements you make are endorsed
by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful,
fraudulent, threatening, harassing, abusive, libelous, defamatory,
obscene or otherwise objectionable, or infringes on our or any third
party's intellectual property or other rights; (b) any material,
non-public information about companies without the authorization
to do so; (c) any trade secret of any third party; or (d) any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities,
or other unsolicited commercial communication (except as otherwise
expressly permitted by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any
virus, worm, time bomb, Trojan horse, or other harmful or disruptive
component;
• Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of the Site;
• Remove any copyright, trademark, or other proprietary rights
notices contained in the Site;
• Frame" or "mirror" any part of the Site without
our prior written authorization;
• Use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index,
"data mine," or in any way reproduce or circumvent the
navigational structure or presentation of the Site or its contents;
• Harvest or collect information about Site visitors or members
without their express consent; or
• Permit anyone else whose account or subscription was terminated,
or who is not a FindProfit paid or trial subscriber, to use the
Site through your subscription, username or password.
While using the Site you agree to comply with all applicable laws,
rules and regulations.
Registration for Subscription Sites. You must
be 18 years of age or older to subscriber to this service. To have
unlimited access to FindProfit's service, you must be or become
a member. When and if you register to become a member, you agree
to (a) provide accurate, current, and complete information about
yourself as prompted by the appropriate registration form, and (b)
to maintain and update your information to keep it accurate, current,
and complete. You acknowledge that, if any information provided
by you is untrue, inaccurate, not current, or incomplete, we reserve
the right to terminate this Agreement and your use of the Site.
You must be 18 years of age or older to subscribe to this service.
Trial subscriptions are limited to one per subscriber per year.
You agree not to transfer or resell your use of or access to FindProfit
to any third party. If you are a FindProfit subscriber, and you
have reason to believe that your online account is no longer secure,
you must promptly change your password by updating your account
information and immediately notify us by emailing us at: Help@FindProfit.com.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING
PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Payment and Renewal. Current subscriptions for
FindProfit are available on FindProfit's Subscribe page. Payment
for your subscription is due in advance of the subscription period
you select. Your subscription will continue and will renew automatically
unless terminated by us in accordance with this Agreement or until
you notify us of your decision to terminate your subscription. The
appropriate annual, monthly, or similar periodic fee for your subscription
will be billed automatically at the beginning of each renewal period
to the credit card you designated during the registration process
(or subsequently changed) unless you cancel your subscription before
the renewal period begins.
You agree to pay all fees and charges incurred in connection with
your subscription to the Services (including any applicable taxes)
at the rates in effect when the charges were incurred. You agree
to pay all amounts due upon our demand. In the event we have to
collect unpaid amounts you owe us, you will be liable for all attorneys'
and collection agency fees.
Cancellation. You may cancel your subscription
to FindProfit by notifying our Customer Service Department at: 1-888-278-5515
(Hours of operation: Monday-Friday 9 am-9 pm EST). Cancellation
will take effect no later than 10 business days after we receive
your notification. Monthly subscriptions will not be reimbursed
or refunded. Any delinquent or unpaid amounts must be paid in full
before you may re-subscribe.
Termination. This Agreement shall remain effective
until terminated in accordance with its terms. FindProfit may terminate
this Agreement, and/or your access to and use of the Site or any
portion thereof, immediately, in the event we determine, in our
sole discretion, that you have breached this Agreement. In addition,
we reserve the right, upon 10 business days notice and the reimbursement
of any monies that may be due according to the cancellation policy
as defined on the Site, to terminate this Agreement without cause.
Claims of Copyright Infringement. The Digital
Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material appearing
on the Internet infringes their rights under U.S. Copyright law.
If you believe in good faith that materials hosted by FindProfit
or one of its subsidiaries infringe your copyright, you (or your
agent) may send us a notice requesting that the material be removed,
or access to it blocked. If you believe in good faith that a notice
of copyright infringement has been wrongly filed against you, the
DMCA permits you to send us a counter-notice. Notices and counter-notices
must meet the then-current statutory requirements imposed by the
DMCA. Notices and counter-notices with respect to the Site should
be sent to: Help@FindProfit.com.
We suggest that you consult your legal advisor before filing a notice
or counter-notice. Also, be aware that there can be penalties for
false claims under the DMCA.
Ownership and Restrictions on Use. ©2002
FindProfit LLC. All Rights Reserved. The Site is owned and operated
by us in conjunction with others pursuant to contractual arrangements.
You may only access and use the materials on the Site, and download
and/or print out only one copy of any materials on the Site, solely
for your personal use. You may not republish, upload, post, transmit
or distribute materials from the Site in any way without our prior
written permission. Modification of the materials or use of the
materials for any other purpose is a violation of our copyright
and other proprietary rights, and is strictly prohibited. You acknowledge
that you do not acquire any ownership rights by using the Site.
"FindProfit", "ProfitMap" and the "FindProfit"
tag line and logo are all trademarks and/or service marks of FindProfit.
All other trademarks, service marks, and logos used on the Site
are the trademarks, service marks, or logos of their respective
owners.
Jurisdictional Issues. The Site is solely directed
to individuals residing in the United States. We make no representation
that materials in the Site are appropriate or available for use
in other locations. Those who choose to access the Site from other
locations do so on their own initiative and at their own risk, and
are responsible for compliance with local laws, if and to the extent
applicable. We reserve the right to limit the availability of the
Site and/or the provision of any service or product described thereon
to any person, geographic area, or jurisdiction we so desire, at
any time and in our sole discretion, and to limit the quantities
of any such service or product that we provide.
Links to Other Websites. The Site may contain
links to other Internet websites or resources. We neither control
nor endorse such other websites, nor have we reviewed or approved
any content that appears on such other websites. You acknowledge
and agree that we shall not be held responsible for the legality,
accuracy, or inappropriate nature of any content, advertising, products,
services, or information located on or through any other websites,
nor for any loss or damages caused or alleged to have been caused
by the use of or reliance on any such content.
DISCLAIMERS. UNDER NO CIRCUMSTANCE IS FINDPROFIT
LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE
FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES
OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING
OR FAILING TO PROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE
TERMINATION OF THIS AGREEMENT.
Limitation of Liability. Neither FindProfit,
nor its affiliates, suppliers, advertisers, affiliates, or agents
or sponsors are responsible or liable for any indirect, incidental,
consequential, special, exemplary, punitive or other damages under
any contract, negligence, strict liability or other theory arising
out of or relating in any way to the Site and/or content contained
on the Site, or any product or service purchased through the Site.
Your sole remedy for dissatisfaction with the Site and/or content
contained within the Site is to stop using the Site. The sole and
exclusive maximum liability to company for all damages, losses,
and causes of action (whether in contract, tort (including, without
limitation, negligence), or otherwise) shall be the total amount
paid by you, if any, to access the Site.
Indemnification. You agree to indemnify, defend
and hold us, our officers, directors, employees, agents and representatives
harmless from and against any and all claims, damages, losses, costs
(including reasonable attorneys' fees), or other expenses that arise
directly or indirectly out of or from (a) your breach of this Agreement,
including any violation of the Code of Conduct above; (b) any allegation
that any materials that you submit to us or transmit to the Site
infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property or other rights of any third party;
and/or (c) your activities in connection with the Site or any services
related to the Site. This indemnification extends to and includes
any attorney’s fees and costs incurred by us arising from
any action or claims to which this indemnification applies, or from
the contesting of the applicability of this provision. This section
survives termination of this Agreement.
Miscellaneous:
MANDATORY ARBITRATION OF DISPUTES - ANY CLAIM,
CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE SUBSCRIBER AND THE
COMPANY AND/OR ANY OF ITS’ EMPLOYEES, AGENTS, AFFILIATES OR
OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR
TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT,
OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE
OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED
BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION.
THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION
OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED
IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING
ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE
WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct
the arbitration. The arbitrator will be selected in accordance to
the rules of the American Arbitration Association or may be selected
by agreement of the parties, who shall cooperate in good faith to
select the arbitrator. The arbitration will be conducted by, and
under the then applicable rules of the American arbitration Association.
Any required hearing fees and costs shall be paid by the parties
as required by applicable rules or as required by applicable law,
but the arbitrator shall have the power to apportion such costs
as the arbitrator deems appropriate.
THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING,
AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED
IN ANY COURT WITH JURISDICTION.
If any party files a judicial or administrative action asserting
a claim that is subject to arbitration and another party successfully
stays such action or compels arbitration, the party filing that
action must pay the other party’s costs and expenses incurred
in seeking such stay or compelling arbitration, including attorney
fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS
OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES
AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF
THE COURTS IN THE STATE OF NEW JERSEY.
GENERAL – If either of us does not enforce
any right or remedy available under this Agreement, that failure
is not a waiver of the right or remedy for any other breach or failure
by the other party. Our waiver of any requirement in any one instance
is not a general waiver of that requirement and does not amend this
Agreement. If any part of this Agreement is held invalid or unenforceable,
that part is interpreted consistent with applicable laws as nearly
as possible to reflect the original intentions of the parties and
the rest of this Agreement remains in full force and effect. The
provisions of this Agreement that are contemplated to be enforceable
after the termination of this Agreement survive termination of this
Agreement.
FindProfit, LLC, is not a registered investment advisor,
broker/dealer, or research analyst/organization.
Readers are advised that the commentary and reports on its website
and in its newsletters are issued solely for information purposes
and should not to be construed as an offer to sell or the solicitation
of an offer to buy any security. The opinions and analyses included
herein are based from sources believed to be reliable and written
in good faith, but no representation or warranty, expressed or implied
is made as to their accuracy, completeness or correctness.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE
INVESTING IN ANY SECURITIES MENTIONED IN FINDPROFIT’S NEWSLETTER
OR WEBSITE. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A
HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL
INVESTMENT.
Readers are urged to consult with their own independent financial
advisors with respect to any investment. All information contained
in this report should be independently verified with the companies
mentioned. Neither FindProfit, LLC, nor its officers, directors,
partners, contributors or employees/consultants, accept any liability
whatsoever for any direct or consequential loss arising from any
use of information on this website or any use of information in
its newsletters.
FindProfit, LLC, and its officers, directors, partners, contributors
or employees/consultants may on occasion hold positions in the securities
mentioned in its website and in its newsletters. A
current list of their common stock equity holdings is available
here. However, these
positions may change at anytime.
Please note that FindProfit does not receive compensation
of any kind and will never take any compensation from any companies
that it mentions on its website and in its newsletters.
The terms and conditions of this Terms of Use Agreement
may be edited and modified by FindProfit at anytime.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS
OF USE AGREEMENT
Thank you.
FINDPROFIT PRIVACY POLICY
Last revised: June, 2004
Your privacy is very important to us. We want to make your experience
with FindProfit as enjoyable and rewarding as possible, and we want
you to use all of FindProfit's commentary, reports, model portfolios
and newsletters with complete confidence.
We have created this Privacy Policy to demonstrate our firm commitment
to privacy and security. This Privacy Policy describes how FindProfit
collects information from all end users of FindProfit's services
(the "Services") -- those who access some of our Services
but do not have accounts ("Visitors"), as well as those
who pay a monthly service fee to subscribe to the Services ("Members").
It describes what we do with the information we collect, and the
choices Visitors and Members have concerning the collection and
use of such information.
FindProfit requests that you read this Privacy Policy carefully.
Personal Information FindProfit Collects and How It Is
Used
Introduction
FindProfit collects information in different ways from Visitors
and Members who access the various parts of our Services. We use
this information primarily to provide a customized experience as
you use our Services, and generally do not share this information
with third parties. However, we may disclose personal information
collected if we have received your permission beforehand or in very
special circumstances, such as when we believe that law requires
such disclosure or other special cases described below.
Registration
Members are asked to provide certain personal information when
they sign up for our Services including name, address, telephone
number and billing information (such as a credit card number and expiration date). The
personal information collected from Members during the registration
process is used to manage each Member's account (such as for billing
purposes). This information is not shared with third parties, unless
specifically stated otherwise or in special circumstances.
However, in instances where FindProfit and a partner jointly promote
the Services, FindProfit may provide the partner certain personal
information, such as the name, address, and username of persons
who subscribed to the Services as a result of the joint promotion
for the sole purpose of allowing us and the partner to assess the
results of the promotion. In this instance, the partner may not
use personal information for any other purpose.
FindProfit may also generate non-identifying and aggregate profiles
from personal information Members provide during registration (such
as the total number, but not the names, of Members). As explained
in more detail below, we may use this aggregated and non-identifying
information to sell advertisements that appear on the Services.
Your Credit Card Information is Secure
We are committed to handling your customer information with high standards of information security. Your credit card information is stored only in encrypted form and processed using a secured order server with Secure Socket Layer (SSL) technology. We restrict access to your personally identifiable information only to employees with proper clearance who need to know that information in order to provide products or services to you. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.
PayPal, the online payment leader with over 3 million business accounts, processes the majority of our credit card orders for those Members who signed up for Services before June 8th, 2004. On June 8th, 2004 we instituted a new billing platform to process credit card transactions. Users who signed up before June 8th, 2004 and wish to have their transactions processed by our new internal billing platform (i.e. not PayPal) must update their account information with us, including their credit card information.
If you to prefer to place your order by telephone, you can call us during normal business hours at 1-888-278-5515 with your credit card and billing information.
What is your Credit Card Fraud Policy?
In the unlikely event that you experience unauthorized use of your credit card, promptly report the fraudulent activity to your credit card company. Under the Fair Credit Billing Act, you are only liable for the first $50 of the fraudulent charges. Please check with your credit card company to verify specific terms and conditions.
FindProfit Partners and Sponsors
Some FindProfit products and services are offered to Visitors
and Members in conjunction with a non-affiliated partner. To provide
Visitors and Members some of these products and services, the partner
may need to collect and maintain personal information. In these
instances, you will be notified before any such data is collected
or transferred and may decide not to use that particular service
or feature. FindProfit may need to share non-identifying and aggregate
information (except as described above), but not personal information,
with such partners in order to administer the co-branded products
or services offered.
Online Advertisements
FindProfit occasionally displays online advertisements on our
website and in our newsletters and alerts. We share aggregated and
non-identifying information about our Visitors and Members collected
through the registration process as well as through online surveys
and promotions with these advertisers. Additionally, in some instances,
we use this aggregated and non-identifying information to deliver
tailored advertisements. For instance, an advertiser might tell
us the audience they want to reach (for example, males between 25
and 55 years of age) and provide us with an advertisement tailored
to that audience. Based upon the aggregated and non-identifying
information we have collected, we may then display the advertisement
to the intended audience. However, FindProfit does not share personal
information about its Visitors or Members with these advertisers.
Responses to Email Inquiries
When Visitors or Members send email inquiries to FindProfit, we
use the return email address to answer the email inquiry we receive.
FindProfit does not use the return email address for any other purpose
and does not share the return email address with any third party.
Email Marketing From Third Party Sponsors
In addition, from time to time, FindProfit sends, on behalf of
third parties, promotions via mail to some or all of its subscribers.
However, in no event does FindProfit sell or otherwise transfer
to third parties the email addresses of its subscribers. FindProfit
strictly maintains the confidentiality of its subscribers' email
addresses. In addition, users are always given the opportunity of
opting-out of these promotions.
Voluntary Customer Surveys
We may periodically conduct both business and individual customer
surveys. We encourage our customers to participate in these surveys
because they provide us with important information that helps us
to improve the types of services we offer and how we provide them
to you. Your personal information and responses will remain strictly
confidential, even if a third party conducts the survey. Participation
in our customer surveys is voluntary.
We take the information we receive from individuals responding
to our Customer Surveys and aggregate it with the responses from
other customers to create broader, generic responses to the survey
questions (such as gender, age, residence, hobbies, education, employment,
industry sector, or other demographic information). We then use
the aggregated information to improve the quality of our services
to you, and to develop new services and products. This aggregated;
non-personally-identifying information may be shared with third
parties.
Special Cases
It is FindProfit's policy not to use or share personal information
about Visitors or Members in ways unrelated to the ones described
above without also providing you an opportunity to opt out or otherwise
prohibit such unrelated uses. However, FindProfit may disclose personal
information about Visitors or Members, or information regarding
your use of the Services or Web sites accessible through our Services,
for any reason if, in our sole discretion, we believe that it is
reasonable to do so, including: to satisfy laws, such as the Electronic
Communications Privacy Act, regulations, or governmental or legal
requests for such information; to disclose information that is necessary
to identify, contact, or bring legal action against someone who
may be violating our Terms of Use Policy or other policies; to operate
the Services properly; or to protect FindProfit and our Members.
"Cookies" and How FindProfit Uses Them
A "cookie" is a small data file that can be placed on
your hard drive when you visit certain Web sites. FindProfit may
use cookies to collect, store, and sometimes track information for
statistical purposes to improve the products and services we provide
and to manage our telecommunications networks. If you are a Member,
we will use a cookie to save your settings (which saves you time)
and to provide customizable and personalized services. These cookies
do not enable third parties to access any of your customer information.
Advertisers and partners may also use their own cookies. We do not
control the use of these cookies and expressly disclaim responsibility
for information collected through them.
FindProfit's Commitment to Data Security
Services and Web sites we sponsor have security measures in place
to protect the loss, misuse, and alteration of the information under
our control. While we make every effort to ensure the integrity
and security of our network and systems, we cannot guarantee that
our security measures will prevent third-party "hackers"
from illegally obtaining this information.
In the Event of a Change in Ownership
In the event of a change in ownership, or a merger or an acquisition
of FindProfit by another entity, all (or select aspects) of FindProfit's
customer information (including email addresses) may be transferred
to this new entity or owner. All FindProfit subscribers and registered
users will be notified within five business days of any change in
ownership, merger or an acquisition of FindProfit's assets by a
third party. Subscribers and users may choose to access and modify
any of their registration and subscription information at that time.
Where to Direct Questions About FindProfit's Privacy Policy
If you have any questions about this Privacy Policy or the practices
described herein, you may contact:
Attn: Find Profit Customer Service 154 Witherspoon, Princeton,
NJ 08540
Revisions to This Policy
FindProfit reserves the right to revise, amend, or modify this
policy and our other policies and agreements at any time and in
any manner. FindProfit encourages you to review this Policy regularly
for any changes and updates.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY
POLICY.
Thank you.
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