- Rights and Obligations Regarding Program, Data and Resulting Reports. The “User” understands that through the use of the Program, User shall receive the Reports, which summarize, categorize, and compare various financial details of the subject customer, client, person, business or entity, based upon the data provided and entered into the Program by User. The Reports are fully distributable to any person of User’s choosing and User may utilize the Report however User deems appropriate. User understands and agrees that the Reports are simply a “tool” of financial and business analysis. User expressly acknowledges that the Reports are only as accurate as the data inputted and how User interprets and uses the information contained within the Reports. Notwithstanding all of the foregoing of this provision, all right, title and interest in the Program are and will continue to be the exclusive property of Profit Pros. The Program’s architecture, including format, layout, and data structures are the property solely of Profit Pros. User may not reverse engineer or otherwise attempt to discern the proprietary architecture of the Program. The Program is and will remain the exclusive property of Profit Pros.
- Use of Reports. User shall not use any Reports or distribute Reports to third parties for use in a manner contrary to or in violation of any applicable federal, state, or local law, rule or regulation. Profit Pros is not a consumer reporting agency, and User certifies that it will not use Reports as a factor in establishing a consumer’s eligibility for credit or insurance to be used for personal, family, or household purposes, for employment purposes or for any other purpose authorized under section 1681b of the Fair Credit Reporting Act (15 U.S.C.A. § 1681b). Profit Pros retains the right, but does not have the obligation or duty, to temporarily or permanently block access to the Program if Profit Pros, in its sole discretion, believes that the Reports may be used for an improper purpose or in otherwise in violation of the terms of this Agreement.
- Protection of Personal Information. User and Profit Pros acknowledge that both parties may be required to comply with various privacy and security laws and requirements. It is NOT the purpose or intent of Profit Pros to require, obtain or store any Personal Information, as described below. It shall be the sole responsibility of the User to manage and protect any Personal Information gathered or obtained from or on behalf of User’s client/customer. “Personal Information” shall refer to, without limitation; age, date of birth, social security number or equivalent or similar government identification numbers, EIN number, credit/debit card information, bank account identification information, logins, passwords, or medical or health records.
- Disclaimer of Warranties and Limitations of Remedies. Except as specifically provided herein, the Program and Reports are provided “as is” without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accurate, omissions, completeness, currentness and delays. In no event shall Profit Pros be liable to any User or it customer/client making the claim or claiming to be a third party beneficiary of the customer/client. In no event shall Profit Pros be liable to any User or its customer/client for any claim(s) relating in any way to: (a) Users inability or failure to perform, negligence, legal, financial, accounting, business valuation or related work, even if assisted by Profit Pros, or any decision made or action taken by and/or its client in reliance upon the reports or program; (b) lost profits or consequential, incidental, indirect, or special damages relating in whole or in part to the User’s rights hereunder or use of, or inability to use the Program; or (c) the procuring, compiling, interpreting, editing, writing, reporting or delivering the reports. Further, Profit Pros shall have no liability whatsoever for any claims relating in any way to any third party. Profit Pros does not make any warranty that access to the program will be uninterrupted, secure or error free, nor does Profit Pros make any warranty as to the life or any URL or third party web services. User acknowledges that provision of internet-based entails the likelihood of some human and machine errors, delays, interruptions and losses, including the inadvertent loss of data.
- Ideas and Concepts. Any and all title, ownership rights, and intellectual property rights concerning any ideas, concepts, suggestions, materials and the like that User provides to Profit Pros regarding Program or its Reports shall become the exclusive property of Profit Pros and may be used for its business purpose in its sole discretion without any payment, accounting, remuneration or attribution to User.
- Force Majeure. Profit Pro’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
- General Provisions. Should any provision of this Agreement be unenforceable, the validity and enforceability of the other provisions of the Agreement will not be affected. Failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part hereof.
User has read and understands this Agreement. If User does not agree to all the terms and conditions of this Agreement, User must not use this Program. By using the Program and/or receiving the Reports, User acknowledges that User has read and understood the terms and conditions of this Agreement and User agrees to be bound by these terms and conditions.