eProfit - Terms of Use

eProfit Terms of Use

WHAT FOLLOWS IS A LEGALLY BINDING CONTRACT. YOU MUST READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEB SITE. BY CLICKING "I AGREE" OR ENTERING OR USING THIS WEB SITE OR BY ACCESSING ANY DATA OR USING ANY SERVICE DERIVED FROM OR ON THE WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE EPROFIT PRIVACY POLICY LOCATED AT EPROFIT WEBSITE, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT REGISTER AS A MERCHANT OR AFFILIATE AND MAY NOT USE OR ACCESS OUR MERCHANT OR AFFILIATE-ONLY SERVICES. AS PARTIAL CONSIDERATION FOR USING OUR MERCHANT OR AFFILIATE SERVICES, INCLUDING BECOMING A REGISTERED USER, YOU AGREE TO THESE TERMS OF USE. YOU FURTHER AGREE THAT YOUR ASSENT, GIVEN ELECTRONICALLY, SHALL HAVE THE SAME LEGAL EFFECT AS IF THESE TERMS OF USE HAD BEEN PERSONALLY SIGNED BY YOU. TO THE EXTENT PERMITTED BY LAW, THESE TERMS OF USE ARE INTENDED TO SUPERSEDE ANY PROVISIONS OF APPLICABLE LAW WHICH MIGHT OTHERWISE LIMIT THEIR ENFORCEABLITY OR EFFECT BECAUSE THEY WERE ENTERED INTO ELECTRONICALLY.

These Terms of Use set forth the terms and conditions for the use by you and/or your Company (collectively "You," "Your," "Affilliate," "Merchant" or "User" as appropriate) of the Web site located at eprofit.com, ("Site") and the information, functions, facilities, products and services offered by eProfit ("Us" "We") on the Site ("eProfit Services").

General. The Site provides a venue for Customers to post projects and to search for talent, as well as other services which eProfit may offer to Merchants or Providers from time to time, which shall be subject to the terms and conditions of this Agreement. All of the content on the Site (including, but not limited to, text, graphics, links, scripts, software, images, audio and video) is made available to Users of the Site only for lawful purposes. The Site contains public as well as Registered Users-only areas. The Registered Users-only areas of this Site are available only to Users authorized to enter such areas. The information in these areas of the Site may be proprietary. Unauthorized use of this Site, including any attempt to hack into the Site or to undermine its security, is a violation of these Terms of Use and may subject You to legal action by eProfit and/or law enforcement authorities.
eProfit does not control the actual transactions between Merchants and Affiliates. Accordingly, eProfit does not set or endorse: (i) the price, contract terms, quality, conformance or legality of the services products, websites advertised or offered; (ii) the ability of Merchants to provide payment or (iii) the ability of Affiliates to offer services and/or perform accordingly. eProfit cannot and does not control whether any Merchants will complete the payment they offer. eProfit is not responsible for any transaction and/or contact, or the result of any such transaction and/or contact made by and between Users.

Agreement to Terms.Your use of information and services provided by eProfit on this Site indicates Your acknowledgement and acceptance of the terms and conditions set forth in these Terms of Use. If You do not agree with or accept any of these terms or conditions, You must exit this Site immediately and discontinue any use of the information or services provided herein. eProfit reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. eProfit will notify You of any changes to these Terms of Use by posting the changes on eprofit.com. Such changes shall be effective upon posting. You have the obligation to review the Terms of Use from time to time. Your continued use of the Site or any eProfit Services after the date of any change in the Terms of Use constitutes Your agreement to be bound by the new Terms of Use. These Terms of Use may not be modified, varied or altered by oral agreement or by any means other than those specified in this Section.

Permitted Use. These Terms of Use provide You with a revocable license to access, post and view content and materials on this Site, provided You must keep intact all copyright and other proprietary notices. You may not engage in any automated retrieval of data or other content from the Site. Use of the content and materials on this Site for any purpose not expressly permitted in these Terms of Use is prohibited.

Your Conduct. You agree not to use the Site, or any links to or access to any other Web sites from the Site, to:
restrict or inhibit any other user from using and enjoying the Site;
modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including content) appearing on the Site;
post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
copy, post, publish, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, content, software, component or other material obtained through or in the Site or any eProfit Services;
post or transmit information, content, software, components or other material onto the Site or eProfit Services which will infringe the intellectual property rights or other proprietary rights of any third party; and/or violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance.

Any conduct by You that violates any of the above obligations or is in any way contrary to these Terms of Use may result in the suspension or termination of Your access to the Site or to any of eProfit Services, at the sole discretion of eProfit, with or without notice, in addition to any other remedies set forth herein or otherwise applicable in law or equity. eProfit reserves the right to terminate Your User ID at any time if eProfit believes Your conduct violates these Terms of Use or if eProfit believes that such conduct undermines the integrity or functionality of the Site or interferes with access by the Site's other users.

Privileges Nontransferable. Your rights under these Terms of Use may not be transferred by You to any third parties. You further agree not to disclose to anyone Your confidential User Login and/or password. You authorize us to assume that any person using the Site with Your login and password either is you or is authorized to act for you.

Disclaimer. The information provided on this Site is intended for reference only. Neither eProfit nor any of its employees shall be held liable for any improper or incorrect use of the information described and/or contained on this Site. Neither eProfit nor its employees assume responsibility for any person's use of this information, except as expressly provided in these Terms of Use. eProfit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or any content on the Site with or without notice. You agree that eProfit shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site eProfit and it's emplyees cannot be help responsible for any content posted to the Site by Users..

Third-Party Sites. At times, this Site may have links to sites hosted by other parties. These links are offered as a convenience and for informational purposes only, and not as referrals or endorsements of these Web sites. The linked Web sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own Web sites. Accordingly, the content, accuracy, opinions expressed, and other links provided by other Web sites, are neither verified nor endorsed by eProfit.

Disclaimer of Warranties. Except as expressly set forth herein, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Neither eProfit nor any third-party content provider or licensor makes any warranty whatsoever, including, without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is or will be free of viruses or other harmful components; as to the results that may be obtained from use of the materials on this Site; or as to the accuracy, reliability, availability, suitability, quality, or operation of any information or services provided on or accessible from the Site.

ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH EPROFIT DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability. YOU UNDERSTAND THAT, EVEN IF EPROFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL EPROFIT BE LIABLE FOR ANY LOST PROFITS, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES 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 AND/OR ANY EPROFIT SERVICES, INCLUDING WITHOUT LIMITATION (A) YOUR USE OF OR INABILITY TO USE THE SITE OR ANY OF EPROFIT SERVICES, OR (B) YOUR USE OF OR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE OR EPROFIT SERVICES.

Governing Law. These Terms of Use are governed in all respects by the laws of the State of Massachusetts, without giving effect to any principles of conflicts of laws. Any legal action or proceeding relating to Your access to or use of the Site or its content shall be exclusively subject to the jurisdiction of the federal or state courts in the City of Boston, Massachusetts, United States of America, and you agree to waive all defenses as to venue and/or personal jurisdiction as to any action brought there.

Independent Contractors. eProfit provides eProfit Services for Merchants and Affiliates, including You. The relationship between all Users and eProfit is one of independent contractor with respect to all matters arising out of this Agreement. No User shall be considered the employee, agent, partner or joint venturer of eProfit and eProfit shall not be considered the employer, agent, partner or joint venturer of any User.

User Obligations
You agree NOT to do any of the following while using the Site:

Violate any applicable law or regulation;

Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution; amper with postings of other users;

Post logos, seals or slogans from third parties on any part of the Site unless they are provided by eProfit or an eProfit partner;

Solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters;

Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;

Impersonate or misrepresent Your affiliation with any person or entity.

Post false or misleading information about a product, service or service request;

Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy;

Post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortious, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of eProfit or other users or otherwise objectionable;

Repeat any action after you receive warning or request to desist from eProfit, whether or not that action is explicitly stated in policies. This includes continuing to use the eProfit service under the same account, a different account or reregistering under a new account after your membership has been temporarily suspended, indefinitely suspended or terminated.

Fail to respond to an email from eProfit regarding violation, dispute or complaint.

Being a Merchant or an Affiliate at eProfit You agree to:(a) be financially responsible for Your use of eProfit and purchase of services; (b) abide by eProfit's guidelines on posting programs, websites and participating in programs, which may be updated from time to time; and (c) perform your obligations and complete the transaction once you have selected an affiliate's site or and the affiliate has accepted tomparticiapte in your program, respectively, unless such transaction is prohibited by law or by this Agreement. Specifically, upon accepting an affiliate site to aprticipate in a program, the Merchant agrees to purchase the services and the affiliate agrees to provide the services according to the terms specified by the Merchant.

Copyrights. Except as otherwise stated in these Terms of Use or in a specific disclaimer found on this Site, all materials in this Site (including Site layout, design, text, images, and graphics) are the exclusive property of eProfit and/or its licensors and are protected to the fullest extent permitted by law. Except as specifically provided herein all content of this Site are copyrighted © 2005 eProfit. All rights reserved. eProfit does not claim any copyright in works consisting entirely of information containing no original authorship or any other items not protectable under copyright law.

Trademarks. All eProfit marks that appear throughout this Site belong to eProfit. Other non-eProfit marks used on this Site belong to third-party trademark owners. Except as permitted by applicable laws, are prohibited from using any of the marks appearing on this Site without express written consent from the respective trademark owners.

Term and Termination. The right of access to the information contained on this Site and the eProfit Services offered herein is subject to the termination provisions set forth in these Terms of Use. In addition, if You commit a material breach of these Terms of Use, access to the information contained on this Site and/or eProfit Services may be immediately terminated. Upon termination, You shall cease all use of the information contained on or derived from this Site and shall take such other actions as eProfit may reasonably request to protect eProfit's rights. If you are a Merchant You shall continue to be obligated to pay all affilates comissions for any programs in which You have engaged such Affiliates.