Effective Date : August 1, 2022
Welcome to the profileplanet.com website. This site is maintained by Profile Planet LLC, a Pennsylvania limited liability company (“Profile Planet”) to provide services to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term and Conditions of Use agreement ("the "Agreement") specifies the terms and conditions for access to and use of www.profileplanet.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. By clicking “I AGREE” upon creating a Site user account, and/or if permitted by applicable law, by accessing the Site, a user confirms that they have read, understand and agrees to all of the provisions set forth in the Agreement, which shall constitute a binding contract between Profile Planet and the user. A user’s right to access the Site is conditioned upon the user agreeing to be bound by the Agreement. If the user does not wish to be bound by the Agreement, the user must exit the Site immediately.
2. Agreement Amendments. This Agreement may be modified at any time by Profile Planet LLC upon the posting of a modified Agreement. Any such modifications shall be effective immediately upon posting. You can view the most recent version of these terms at any time at www.profileplanet.com/terms/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Privacy. Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy at www.profileplanet.com/terms/.
4. Site Access. The user is solely responsible for ensuring that their account information, including but not limited to their user name and password and equipment used to access the Site are secure and accessible only to individuals who are authorized by the user to access the Site. The user is strictly responsible for all activity and conduct by individuals who access the Site and the User’s indemnity obligations as set forth herein shall apply to any such activity and conduct. The user is encouraged to maintain appropriate security measures to control access to the Site.
5. Ownership. All content included on the Site is and shall continue to be the property of Profile Planet LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such Site content is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
6. Site Eligibility. The Site is not intended for use by any individuals under the age of 18. Profile Planet restricts use of the Site to individuals aged 18 and above. Site user accounts are only available to individuals of at least 18 years of age and able to form a binding contract. Under no circumstances will an account made available through this Site be available to minors under the age of 18.
7. Affirmations. By accessing this Site and/or registering for a Site account, you affirm that you are at least 18 years of age and have the legal capacity to enter into this Agreement. You affirm that you agree to these terms and conditions and that you will not transfer or share your account with anyone. You agree to be liable for all activities conducted through the account. Corporations and other legal entities are not eligible to procure accounts.
8. Expectation of Privacy. Any information provided by the user to Profile Planet, are provided with the knowledge and intent that said information will be made available to and used by one or more parties through the course of Profile Planet providing Site services to the user under the terms and conditions of this Agreement and Privacy Policy. The user agrees that they have no right or expectation of privacy or confidentiality as to the information they provide except as otherwise expressly provided in the Agreement and Privacy Policy.
9. User Information. All Site users warrant that all information provided by the user to Profile Planet, including but not limited to personally identifiable information and other information related to the Site services, is current, truthful and accurate to the best of your knowledge, and the user shall update such information as needed to ensure such information remains current, truthful and accurate.
10. Site Use. Profile Planet grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. Your use of the Site is at the discretion of Profile Planet. Profile Planet may terminate your use of the Site at any time without notice to yop; If we do so, you will not be responsible for fees after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refundp; If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.
11. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site.
12. Indemnification. You agree to indemnify, defend and hold Profile Planet and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
13. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. PROFILE PLANET DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
14. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PROFILE PLANET BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
15. Trademarks. PROFILE PLANET, and other identifiers are either trademarks or registered trademarks of Profile Planet LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
16. Use of Information. Profile Planet reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
17. Copyrights and Copyright Agent. The Company will receive and evaluate notices of copyright infringement and take appropriate action as required by the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Such notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted in writing according to the procedures set forth in the DMCA. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By Mail:
Profile Planet LLC
Attention Legal
PO Box 5392
Harrisburg, PA 17110
By E-mail: legal@profileplanet.com
18. Applicable Law. You agree that the laws of the state of Pennsylvania, United States, without regard to conflicts of laws provisions, will govern these Terms and Condition of Use and any dispute that may arise between you and Profile Planet LLC or its affiliates.
19. Geographic Restrictions. The owner of the Site is based in the United States. Profile Planet provides this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
20. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
21. Waiver. The failure of Profile Planet to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Profile Planet must be in writing and signed by an authorized representative of Profile Planet.
22. Termination. Profile Planet may terminate this Agreement at any time, with or without notice, for any reason.
23. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
24. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Profile Planet and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Profile Planet with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Profile Planet may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
25. Profile Planet Contact Information.
Profile Planet LLC
PO Box 5392
Harrisburg, PA 17110
legal@profileplanet.com