Proffe Publishing Inc. Terms & Conditions

User Agreement:

Welcome to Proffe Publishing Inc.’s User Agreement. This Agreement describes the terms and conditions applicable to you and all other people (collectively referred to herein as “Users”) for the use of our site and services at Proffe Publishing Inc. (herein referred to as “the site”). Please read this User Agreement carefully, because by using the site, Users automatically agree to be bound by these Terms. As a User, if you do not agree to be bound by this User Agreement, you must exit the site immediately. Your continued use constitutes your agreement to be bound by the terms of the User Agreement.

Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. This Agreement may not be otherwise amended. You will be informed of the date of any amendments to this Agreement. All information gathered from Users by this Site will be governed by Proffe Publishing Inc.’s Privacy Policy, which is incorporated in this User Agreement by reference. Please take a minute to read the Privacy Policy so that you understand how we treat personally identifiable information.


Representations:

Proffe Publishing Inc. is strictly a research publishing firm and does not provide individual investment advice to its subscribers. The information we publish is based on our opinions plus our statistical and financial data and independent research. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendation to buy, hold, or sell securities, or engage in any trading strategy. Such recommendations may only be made by a personal advisor or the broker you select.

Most investments involve risk of loss. Although this service makes every effort to protect your principal, you can lose money. Therefore, it is not for all of your funds. If your goal for a certain portion of your funds is strictly capital preservation, we believe you should invest those funds in conservative investments such as short-term U.S. Treasury securities or equivalent. For more information on prudent investing, see also the information available at the websites of the Securities and Exchange Commission at www.sec.gov and the Financial Industry Regulatory Authority at www.finra.org.

Most of the information we publish is derived from primary sources, including both International and U.S. government agencies as well as the financial institutions or publicly traded companies we cover. We believe our data sources are accurate, but we do not verify their accuracy independently. Therefore, we cannot assure you that the information is accurate or complete. Nor do we guarantee the success of any investment decision you may make using our data, information, or recommendations.

Mr. Proffe is trading all his recommendations in parallel in one of his investment accounts and/or in one of his own companies. So actual performance figures will represent his portfolio. References to examples of past performance are not intended to provide a total picture of portfolio results. Naturally, your results may vary considerably depending on a series of factors, including: (a) when you begin or cease investing, (b) which recommendations you choose to act on, (c) how much money you choose to invest in each recommendation, (d) the specific prices you get, (e) the broker commissions you pay, (f) the interest income you earn on uninvested funds, (g) the number and magnitude of losing or winning trades you experience and (h) your personal tax liability. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. Similar returns may or may not be actually achieved by subscribers.


Membership Eligibility:

Proffe Publishing Inc. is intended for people 18 or over. Our registration process is intentionally designed to identify minors under18 years of age. We have also made an effort to specifically limit Proffe Publishing Inc.’s appeal to people of age 18 and older. Proffe Publishing Inc. will not knowingly collect any information from children under 13 or any other minors whatsoever. You must identify your age during the registration process. Proffe Publishing Inc. takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We are also strong supporters and maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this site. If we determine, however, that you have been falsely using this site in contradiction to the terms of this User Agreement, we will terminate your membership and all information associated therewith immediately unless you can verify that you have obtained parental consent to use this site.

Additionally all of our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify for particular services, you may not use them. We do not assume any responsibility for any misrepresentations regarding your age or parental permission to use this site and we will not honor any agreements made by any misrepresentations, fraud or falsities. Further, our services are not available to temporarily or indefinitely suspended Proffe Publishing Inc. members.


Indemnification:

You agree to indemnify and hold us and our subsidiaries, sister companies, affiliates, officers, directors, shareholders, customers, suppliers, service providers, agents, and employees harmless from and against any claim or demand, including reasonable attorneys fees, which may be due to any third party arising out of your breach of this Agreement, your breach of any applicable terms and conditions or policies of any Third Party Marketplace Site, or your violation of any law or the rights of any third party.


Member Code Of Conduct:

Except for that set forth in the Privacy Policy, all information, data, text, music, sound, photographs, video, messages or other content — whether publicly posted or privately transmitted — is the property of Proffe Publishing Inc.

The Proffe Publishing Inc. staff can, whenever they feel like it, for any reason or no reason at all, edit or delete any content displayed on, uploaded to, distributed or otherwise published through the site. Users are entirely responsible and liable for all of their activities on the site. Listed below are some, but not all, violations that may result in termination of a user’s access to the site. By using this site, Users agree not to do any of the following:

  • Upload, post, email or otherwise transmit any content that is illegal.
  • Invade another User’s privacy. This includes revealing another User’s password, phone number, address or any other personally identifiable information. Proffe Publishing Inc. discourages users from revealing their personal information to anyone they don’t know.
  • Create member names, or post or send messages that denigrate, threaten, abuse or harm others on the basis of race, culture, religion or sexual orientation.
  • Harass, stalk or send unwanted messages.
  • Transmit or solicit extremely sexually explicit messages, text or photographs.
  • Impersonate another user or a member of the Proffe Publishing Inc. staff.
  • Post or send messages that tell other members how to potentially harm themselves or others.
  • Post off topic messages.
  • Transmit unsolicited messages that advertise or link to businesses, sites, programs or other unauthorized commercial ventures. This includes junk mail, spam, bulk mailings, unauthorized promotional materials and pyramid schemes.
  • Forge headers or otherwise change identifiers in order to disguise the origin of any content transmitted through Proffe Publishing Inc.’s service.
  • Upload, post, email or otherwise transmit any content that they do not have a right to transmit under any law or contractual relationship. This includes proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements, and any other inside information.
  • Transmit anything that violates any patent, trademark, copyright or other proprietary rights of another party.
  • Upload, post, email, fax or otherwise transmit material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment.
  • Interfere with the site’s servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to Proffe Publishing Inc.
  • Intentionally or unintentionally violate any applicable local, state, national or international law.

Users who engage in any of the conduct listed above may be subject to suspension or termination from eligibility to use this site or criminal prosecution. Proffe Publishing Inc. considers any interference with its site a very serious matter and will prosecute any such individuals to the fullest extent allowable by law.


Registration:

All Users agree to fill out a registration form. In filling it out, Users agree to provide accurate and current information about themselves. Please see the Registration Section of Proffe Publishing Inc.’s Privacy Policy for more detail. Any intentional inaccuracies in the provision of any information may make any agreements null and void. You are solely responsible for guaranteeing the accuracy of the same and you hereby understand, represent and agree that you will do the same.


Information Provided by Users:

Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. Proffe Publishing Inc. is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public areas on the Site (including, without limitation, posting on bulletin boards or chat—collectively referred to herein as “Public Areas”). Users hereby grant Proffe Publishing Inc. an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in any Public Areas should be provide such a forum.

As set forth in Proffe Publishing Inc.’s Privacy Policy, any submissions to Public Areas will be public, and Proffe Publishing Inc. will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.


Your Access to the Site:

Only registered Users are authorized to use certain sections of the site. You will be alerted as to those areas the access to which requires registration. Access to and use of those areas is restricted to authorized Users only. Unauthorized individuals attempting to access these areas may be subject to prosecution. Users are required to register in order to obtain access to CERTAIN PORTIONS of the site.


Password and Security:

When Users register with Proffe Publishing Inc., each gets to choose a password. Users need a password not only to sign on to the site, but also to access e-mail, calendar, homepage and other applications, and to change preferences (delete, edit or add submitted information, opt in or out of promotions and newsletters, etc.). Each User is responsible for keeping his or her password secret. If someone who says they are Proffe Publishing Inc. staff asks for any personal account information, including password, check their URL. If it doesn’t say they are staff@Proffe Publishing Inc., they’re not. If someone gains unauthorized access to an account, change your password and notify Proffe Publishing Inc. immediately. Proffe Publishing Inc. is not liable for any loss or damage resulting from your failure to comply with these recommendations. Please see the Security section of Proffe Publishing Inc.’s Privacy Policy f or more detail.


Permitted Use:

Users may make a single copy of pages from the Site or of any other content or graphics that Proffe Publishing Inc. has expressly stated you may copy on their hard drive or in print for their own personal, non-commercial use. No other use of information is authorized. In consideration of this authorization, Users agree that any copy of these materials will retain all copyrights, trademarks and other proprietary notices in the same form and manner as on the original.


User Conduct:

Users agree to abide by the Proffe Publishing Inc. Member Conduct Code, which is incorporated in this User Agreement by reference, at all times. Any conduct by Users that violates the Proffe Publishing Inc. Member Conduct Code in any way may result in the suspension or termination of their access to the Site, at Proffe Publishing Inc.’s sole discretion, in addition to any other remedies set forth herein or otherwise applicable in law or equity.


Public Content:

All areas of the Site are public and not private communications. Proffe Publishing Inc. does not endorse chat, postings, conferences and other communications by Users, and such communications shall not be considered, reviewed, screened or approved by Proffe Publishing Inc.. Anytime — with the exception of private e-mail — Users upload to, distribute content or publish through Proffe Publishing Inc., they grant Proffe Publishing Inc. the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy, and whether alone or as part of a collective work. Users shall retain, however, whatever other rights they have in pre-owned elements of such content.

Users acknowledge that any information they post in publicly accessible areas such as Proffe Publishing Inc. home pages, message boards, Chats, event boards, event calendar, can be seen and used by anybody. It is the Users‘ responsibility to protect themselves while on Proffe Publishing Inc.., as Proffe Publishing Inc. is not liable for anything that occurs as a result of voluntary communication of personal information.

Please see the “With whom does Proffe Publishing Inc. share information?” section of Proffe Publishing Inc.’s Privacy Policy for more details.


Your Information:

“Your Information” is defined as any information you provide to us or other users in the registration, process, in any public message area (including, but not limited to, our chat room), through any e-mail feature or through traditional mail. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:

Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.

Solely to enable Proffe Publishing Inc. to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Proffe Publishing Inc. will only use Your Information in accordance with our Privacy Policy.


Moderation and Termination:

Proffe Publishing Inc. reserves the right, but is not obligated, to moderate content available through Proffe Publishing Inc. Authorized Proffe Publishing Inc. staff can remove content and accounts, without notice, that they feel, in their sole discretion, violate Proffe Publishing Inc.’s Terms of Use or the rules posted for individual services. Proffe Publishing Inc. also reserves the right to remove content, fully access and/or close accounts to: (a) comply with legal process; (b) protect the rights, property or personal safety of Proffe Publishing Inc., our Users or the public; (c) respond to claims that any content violates the rights of third parties.

Users acknowledge and agree that Proffe Publishing Inc. may suspend or terminate their access or use of the Site without prior notice if they engage in conduct that Proffe Publishing Inc., in its sole discretion, believes violates any term or provision of this User Agreement, otherwise violates the rights of Proffe Publishing Inc. or third parties or is otherwise inappropriate for continued access and use of the Site. Users further acknowledge and agree that Proffe Publishing Inc. may suspend or terminate their access and use of the Site at any time, with or without cause, in Proffe Publishing Inc.’s absolute discretion and without notice. The relevant version of this User Agreement shall apply to all prior use of the Site. The following paragraphs of these Terms of Use shall survive termination of a User’s use or access to the Site: Paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability applicable law and dispute resolution and any other provision that by its terms survives termination of a User’s use or access to the Site.

Please see the Information Retention Security section of Proffe Publishing Inc.’s Privacy Policy for more detail.


Third Party Payment Processors:

The Company uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process deposits and withdrawals into and from your Account. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle Account deposits and withdrawals from your Account and you irrevocably agree that the Company may give such instructions on your behalf in accordance with your requests as submitted through the our site, or via instructions to Customer Care. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these Terms of Service (including the Account Policy) and the Payment Processors‘ terms and conditions, then these Terms of Service shall prevail. You agree that the Company is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of this site, except as a result of the gross negligence of the Company or its employees.


Currency:

All transactions (including purchases, entry fees, deposits and withdrawals) will be denominated and expressly identified as so stated. Please be aware that the funds will be converted by our Payment Processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that Payment Processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of the Company and we recommend that you contact your financial institution directly for more information.


Links:

The Site may contain hyperlinks to web sites operated by parties other than Proffe Publishing Inc. Such hyperlinks are provided for reference and convenience only. Proffe Publishing Inc. does not control such web sites, and is not responsible for their content. Just because Proffe Publishing Inc. has hyperlinks to such web sites does not mean Proffe Publishing Inc. endorses any of the material on such web sites, or has any association with their operators.

Users further acknowledge that use of any Web site controlled, owned or operated by third parties is governed by the terms and conditions of use for those Web sites, and not by Proffe Publishing Inc.’s User Agreement or Privacy Policy. Links to external Web sites (including external Web sites that are framed by Proffe Publishing Inc.) or inclusions of advertisements do not constitute an endorsement by Proffe Publishing Inc. of such sites or the content, products, advertising or other materials presented on such sites, but are for User’s convenience. Users access them at their own risk. Proffe Publishing Inc. expressly disclaims any liability for any damages whatsoever incurred by any User in connection with the use of any web sites the access to which was found through this site.


Intellectual Property Rights:

All text, graphics, editorial content, data, formatting, graphs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, “Proprietary Material”) that Users see or read on the Site or publicly display in any format at any venue including, but not limited to, any public presentations and/or lectures is owned by Proffe Publishing Inc. or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Proffe Publishing Inc. owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called “Permitted Uses,” Users may not copy, download, use redesign, reconfigure or re-transmit anything from the Proffe Publishing Inc. Site or through any other publicly displayed venue or presentation without Proffe Publishing Inc.’s prior express written permission. Furthermore, Users are not allowed to post or distribute any material they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users to termination from the use of this site or civil or criminal penalties.

In addition, the Site contains material protected by the domestic and international laws of copyright, patents or other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Proffe Publishing Inc. and/or the relevant right holder.


Notice of Trademark Rights:

The service marks and trademarks PROFFE PUBLISHING INC. and logos are owned by Proffe Publishing Inc.. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of Proffe Publishing Inc. and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner except as expressly allowed by these Terms of Use.


Copyright Complaints and Copyright Agent:

Proffe Publishing Inc. respects the intellectual property of others, and asks Users to do the same. Proffe Publishing Inc. is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, we ask Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users’ copyrights, please provide Proffe Publishing Inc.’s Copyright Agent with the following information:

  1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material that you claim is infringing is located. Include enough information to allow Proffe Publishing Inc. to locate the material and explain why you believe an infringement has taken place;
  3. A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  4. Your address, telephone number and email address;
  5. 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
  6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Proffe Publishing Inc.’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By email:
copyright@proffe-publishing.com
By Mail:
Proffe Publishing Inc.
P.O. Box 490
Wilton, NH 03086
U.S.A.

Proffe Publishing Inc. will terminate access to the Site of those who engage in repeated acts of infringement.


Indemnification:

By agreeing to the terms of the User Agreement, Users agree to indemnify, defend and hold harmless Proffe Publishing Inc., its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, sister companies and affiliates (collectively referred to herein as “Proffe Publishing Inc. and Affiliates”) from and against any and all claim, loss, expense or demand of liability, including attorneys‘ fees and costs incurred by Proffe Publishing Inc. and Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of any such claims. Proffe Publishing Inc. and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any such claim or matter without the written consent of Proffe Publishing Inc.. Users further agree to hold harmless Proffe Publishing Inc. and Affiliates from any claim arising from a third party’s use of information or materials of any kind that they post in a Public Area.


No Agency:

You and Proffe Publishing Inc. are not legally affiliated in any way by virtue of your membership or usage of Proffe Publishing Inc.’s site or intellectual property other then the terms and conditions stated in this User Agreement and no independent contractor, agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


Disclaimer of Warranties:

USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER PROFFE PUBLISHING INC. NOR ITS SUBSIDIARIES, SISTER COMPANIES, AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. PROFFE PUBLISHING INC. AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. COMPANY AND AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE SPECIFIED BY USERS. PROFFE PUBLISHING INC. CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD PROFFE PUBLISHING INC. ANY AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. COMPANY AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE


Limitation of Liability:

IN NO EVENT WILL PROFFE PUBLISHING INC., ITS SUBSIDIARIES, SISTER COMPANIES, AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. USERS‘ SOLE REMEDY FOR DISSATISFACTION WITH PROFFE PUBLISHING INC. IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT PROFFE PUBLISHING INC.’S AND AFFILIATES‘ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE HIGHER OF $1,000 OR THE LOWEST PERMITTED UNDER APPLICABLE LAW.


LIMITATION OF INVESTMENT LIABILITY:

Proffe Publishing Inc.’s liability, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by the Company from Subscriber. The Company will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by Company. Without limitation, Company shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber’s inability to use or any delay in accessing the Company website or any other source of material provided by Company; (3) any absence of material on the Company website; (4) Company’s failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material; or (6) the use by a subscriber of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. Company and Subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of any agreement between Company and Subscriber. “No-risk” and “risk-free” refer solely to the subscription price refund policy.


ACKNOWLEDGEMENT AND AGREEMENT:

Not withstanding any other agreement or other communications between Company and Subscriber to the contrary, receipt or use of any material provided by Company, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.


Release:

Because we are not involved in the actual contact between users, in the event that you have a dispute with one or more users, you release Proffe Publishing Inc. (and our officers, directors, agents, investors, subsidiaries, sister companies and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.


Information Control:

We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice reasonable care when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. We cannot be held responsible for these risks. By using this web site and continuing its use, you release Proffe Publishing Inc. from any and all claims or controversies or damages of any kind that may arise as a result of the usage of this site as so set forth in the paragraph above.


General Provisions:

Failure by Proffe Publishing Inc. to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or Use or use of the Site, other than action for specific performance or injunctive relief brought by Proffe Publishing Inc., shall be exclusively brought in the federal, state or local courts located in Nashua, NH; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by those courts, and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and Proffe Publishing Inc. with respect to the Site, and supersede all prior agreements or understandings, whether written or oral, between Users and Proffe Publishing Inc. with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Proffe Publishing Inc., its successors and assigns.


ARBITRATION:

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in a Court of competent jurisdiction located in the State of NEW HAMPSHIRE and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Proffe Publishing Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in the State of NEW HAMPSHIRE necessary to protect the rights or property of you or Proffe Publishing Inc. pending the completion of arbitration.


SALVATRY (SEVERANCE) CLAUSE

Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.

We sincerely hope you enjoy using the Site!

PROFFE PUBLISHING INC.