Terms and Conditions of Use
Profile Development, LLC (“Profile”) provides the Profile site and all site-related services, including the content and code related thereto (the “Profile site”), subject to your compliance with the terms and conditions set forth below. In order to use the Profile site, you must agree to be bound by all of these terms and conditions. These terms and conditions contain disclaimers of liability which you should read carefully. Your only remedy for dissatisfaction with the Profile site is to stop using it.
Changes to the Profile site. Profile expressly reserves the right to make any changes that it deems appropriate from time to time to the site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Profile site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”). Profile may modify these terms and conditions at any time and these modifications will be effective immediately upon posting. Therefore, you agree to review these terms and conditions periodically to be aware of any modifications of these terms and conditions. By using the Profile site, you agree to be bound by these terms and conditions as they appear at the time of your access or use.
Not Medical Advice. THE INFORMATION PROVIDED IN THE PROFILE SITE IS FOR WEIGHT MANAGEMENT AND INFORMATIONAL PURPOSES AND IS NOT TO BE USED AS MEDICAL ADVICE. CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE PROFILE SITE IS INTENDED OR IMPLIED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT. THE PROFILE SITE DOES NOT CONSTITUTE AN ATTEMPT TO PRACTICE MEDICINE NOR DOES IT ESTABLISH A DOCTOR-PATIENT OR HOSPITAL PATIENT RELATIONSHIP.
Privacy Statement. Information that you provide to us or that we collect about you through your access to and use of the Profile site is subject to Profile’s Privacy Statement, the terms of which are hereby incorporated by reference into these terms and conditions. We encourage you to read and become familiar with said Privacy Statement. For inquiries regarding your privacy with Profile, please contact email@example.com.
Copyright and Trademark Notice. The Profile site contains Content that is copyrighted by Profile, or by other information providers who have licensed their content for electronic publication by Profile. It is protected by national and international copyright and trade secret laws. You have permission to download information from the Profile site for your personal, non-commercial use, provided that you agree to keep intact all copyright and other proprietary notices. Aside from downloading information for your personal, non-commercial use, you may not reproduce, republish or redistribute material from the Profile site without express written consent of Profile or of the copyright holder, if the copyright holder is not Profile. Profile®, Profile Sanford® and Sanford® are registered trademarks of Sanford’s parent and/or its subsidiaries and affiliates and are protected by national and international trademark laws.
Intellectual Property. You understand and agree that Profile owns, or (where applicable) we have lawfully licensed from third parties, all right, title and interest in and to the Profile site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Profile site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Profile or its licensors and content providers.
No Warranties. While Profile and the other parties which provide content for the Profile site try to keep the information as accurate as possible, Profile disclaims any implied warranty or representation about its accuracy, completeness, or appropriateness for a particular purpose. Information on the Profile site may be changed or updated without notice. Information may be out of date at any given time since Profile has no obligation to update information on the Profile site. You assume full responsibility for using the information on the Profile site, and you understand and agree that Profile is neither responsible nor liable for any claim, loss, or damage resulting from use of the Profile site. THE INFORMATION AND MATERIALS IN THE PROFILE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, PROFILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF NONINFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PROFILE SITE, OR WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE PROFILE SITE. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, PROFILE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE PROFILE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL PROFILE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE PROFILE SITE.
Limitation of Liability. IN NO EVENT SHALL PROFILE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE PROFILE SITE, OR SITES ACCESSED THROUGH THE PROFILE SITE, INCLUDING WITHOUT LIMITATION, THE CLIENT MEMBERSHIP AGREEMENT AND PROFILE PRIVACY STATEMENT, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PROFILE SITE IS TO STOP USING THE PROFILE SITE.
License to Access and Use. You may access and use the Profile site only for your personal use. Any other access to or use of the Profile site or the Content constitutes a violation of these terms and conditions and may violate applicable copyright, trademark or other laws.
You may not access, use, or copy any portion of the Profile Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by Profile in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Profile Site or the Content or any access to or use of the Profile Site or the Content.
User Conduct. By using the Profile site, you agree that you will not:
- Upload any copyrighted material to the Profile site without the written consent of the copyright owner;
- Upload any information that is not your own or that you do not have the right to upload;
- Impose an unreasonably or disproportionately large load on the Profile site or otherwise interfere with or inhibit any other user of the Profile site from using or enjoying it.
- Use language that is unlawful, threatening, abusive, discourteous, criminal, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Profile’s sole discretion);
- Use the Profile site to post or transmit any information or materials that would violate rights of any third party or which contain a virus or other harmful component that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- Impersonate any person or entity or use the Profile site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
- Upload any unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, or spam;
- Violate any applicable local, state, national or international law;
- Stalk or otherwise harass another user or employee of the Profile site; or
- Attempt to obtain personal data about other users of the Profile site.
Profile is not obligated to monitor chat rooms or bulletin boards, but reserves the right to remove or edit any messages or material submitted by users. Profile will cooperate with law enforcement or a court order requesting or directing Profile to disclose the identity of anyone posting any information or material prohibited by these terms and conditions. Profile may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Profile, its employees, clients, or the public. Profile is not responsible for material submitted to the Profile site, or posted in chat rooms or bulletin boards by Profile site users. By communicating with Profile, however, you grant Profile permission to use any information, suggestions, ideas, drawings or concepts that you communicate without any compensation to you whatsoever.
Profile cannot and does not confirm that users are who they claim to be. Because Profile does not and cannot be involved in user-to-user transactions or control the behavior of the Profile site’s users, in the event that you have a dispute with one or more Profile site users, you release Profile (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Other Providers. Except for information, products or services clearly identified as being supplied by Profile, Profile does not operate, control or endorse any information, products or services on the Internet, including on the Profile site. Profile cannot and does not guarantee or warrant that files available for downloading through the Profile site will be free of viruses or code that could cause damage to your computer and the information and files contained within your computer. If you use the Profile site, you are responsible for taking steps necessary to protect your computer and the information on it, and for maintaining a means external to the Profile site for the reconstruction of any lost data.
Hyperlinks. To the extent the Profile site provides links to sites operated by third parties, these links are not under the control of Profile and Profile is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such site. Profile is not responsible for any webcasting or any other form of transmission received from any linked site. Profile will provide these links merely as a convenience to you. The inclusion of any linked site on the Profile site does not imply endorsement by Profile of the site or the information, products or services contained on it.
Although the Profile site is accessible worldwide, not all products or services discussed, referenced or made available on the Profile site are available to all persons or in all geographic locations or jurisdictions. Profile makes no representation that materials in the Profile site are appropriate or available for use in locations outside the United States. Those who choose to access the Profile 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 local laws are applicable. Profile reserves the right to limit the availability of the Profile site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
You agree to indemnify, defend and hold Profile, our affiliates, sponsors, 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 your breach of these terms and conditions or your activities in connection with the Profile site or Profile site-related services.
Making Purchases. If products or services are made available on the Profile site, and if you wish to make purchases of products or services described on the Profile site, you may be asked by Profile or the applicable merchant or service provider to supply certain information, including but not limited to credit card or other information. If you submit such information to Profile, you understand that any such information will be treated by Profile in the manner described in our Privacy Statement. You agree that all information that you provide to Profile or any such merchant or service provider will be accurate, complete and current. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement, if any, that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service.
Registration; Use of Secure Areas and Passwords. Some areas of the Profile site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate these terms and conditions with you and your use of the Profile site.
As part of the registration process, your user name will be your email address and you will be asked to select a password. Profile may refuse to allow you to use a username or password that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by Profile in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Profile site to any third party. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
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 have a good faith belief that materials hosted by Profile infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Profile to locate the material on the Profile site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Profile a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Profile Development, LLC, Attn: Legal Department, P.O. Box 2010, 801 Broadway North, Fargo, ND 58122-0206. 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.
Miscellaneous. These terms and conditions are entered into in the State of South Dakota and shall be governed by and construed in accordance with the laws of the State of South Dakota, exclusive of its choice of law rules. Each party to these terms and conditions hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Minnehaha in the State of South Dakota for any dispute arising under or in connection with these terms and conditions, the Profile site or any Profile site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of these terms and conditions shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
These terms and conditions, the Client Membership Agreement, and the Privacy Statement constitute the entire agreement between the parties hereto pertaining to your access and use of the Profile site and Content, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. These terms and conditions are not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Profile reserves the right in its sole discretion to terminate the use of the Profile site by a user at any time.
Acknowledgment. BY ACCESSING AND USING THE PROFILE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
Version: Last updated August 8, 2016. This Agreement was written in English (US). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.