Welcome to Ask Profit

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Terms of Service

1. Introduction

Welcome to AskProfit. The following are the terms and conditions for use of this AskProfit service, which can be found at www.askprofit.com (the "Service" or "Site"). If you believe that any content on the Site (including, without limitation, Questions and Answers) violates any of these Terms, please e-mail info@askprofit.com immediately. In addition, if you have any comments or feedback about another Customer or an Expert you should inform us via direct e-mail to info@askprofit.com. AskProfit reserves the right to refuse service to anyone at any time without notice for any reason.

2. Definitions

In the terms and conditions that follow, the terms "user," "you" and "your" refer to the individual or organization that creates a AskProfit account as either a Customer or Expert and the terms "AskProfit" "we," "us" and "our" will refer to AskProfit "Terms" or "TOS" refer to the terms contained in this Agreement. "Customer" will be used to describe the person who asks questions on this Site. "Expert" will be used to describe the person who answers questions on this Site.

3. Acceptance

By using our Site in any way, you are agreeing to comply with and be bound by the following Terms and any related "Agreements" (which include, without limitation, the Privacy Policy, our Legal Disclaimer, the Expert Agreement, if applicable to you, and all rules or policies posted on the Site). Please review the following Terms carefully. If you do not agree with the Terms or any of the related Agreements in their entirety, do not use the Service. Those providing answers on the Site are also subject to and required to accept the terms of the Expert Agreement. You must be at least 18 years old to use this Service. Your acceptance of these Terms is signified by checking the "I Agree" box and then completing the on-line registration process. By doing so, you agree to be bound by all of the terms and conditions contained in these Terms, including acknowledgement that you are over the age of 18.

4. Right of Modification

AskProfit reserves the right to change, revise or modify the Terms (including fees) or any of the related Agreements at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the revised Terms or related Agreement, as the case may be. If you do not accept the revised terms, your sole and exclusive remedy is to discontinue using the Service. The latest Terms and related Agreements will be posted on the Site, and you should always review them prior to using the Site. AskProfit reserves the right, in its sole discretion, to modify or discontinue the Services, for any reason, without notice.

You will be solely and fully liable and responsible for all activities and answers provided under your username and password.

AskProfit provides a venue where you may answer questions by other members of the Site. The specific features of the Site are to be determined solely by AskProfit and are subject to change or termination without notice. Expert has no rights in and to the Site and Services or in and to any use or continued use of such Site or Services. AskProfit makes no representation or warranty of any kind as to validity of the customer information on the site. You agree that any information provided in answers on the Site will not be considered confidential and may be used by AskProfit As between you and AskProfit, you will maintain whatever ownership interest you have in and to the content and information you provide on the Site. You hereby grant to AskProfit a fully-paid, worldwide, royalty-free, irrevocable license to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works of such content and information. You will be solely and fully liable and responsible for all activities and answers provided under your username and password

5. Member Accounts and Restricted Activities

As a "user", you represent that you are authorized to create and access an account. Through the user process, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, account data and password.

You agree that you are solely responsible for all acts or omissions that occur under your account or password, including the content of your account as used throughout the Service. You will immediately notify AskProfit of any unauthorized use of your password or account.

Any content provided by you on the site (including any questions asked or answered) and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (AskProfit has adopted the following Take Down Procedures for unauthorized use of copyrighted material)

6. Copyright Infringement Take-down Procedures

As per 17 U.S.C. Section 512, AskProfit has adopted and implemented the following Take Down Procedures. If you believe that content on this Site constitutes copyright infringement, please provide AskProfit's Copyright Agent listed below with the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

(b) Identification of the copyrighted work allegedly infringed or, if more than one work at this Site is covered by one notice, a representative list of such works at this Site;

(c) Identification of the material claimed to be infringing or to be the subject of the infringing activity that is to be removed or to which access is requested to be disabled, and information reasonably sufficient to permit location of the material;

(d) Information reasonably sufficient to permit us to contact you, the complaining party, such as address, telephone number, email address;

(e) A statement by you, the complaining party, that you have a good faith belief that the use of the material in the manner complained of is unauthorized by the copyright owner, its agent or the law; and

(f) A statement that the information in the notice is accurate and, under penalty of perjury, that you, the complaining party, is authorized to act on behalf of the copyright owner.

(g) be illegal or violate any federal, state or local law, statute, ordinance or regulation; (d) be competitive with AskProfit (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system without our prior consent.

Without limiting any other remedies, AskProfit may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with AskProfit

7. Sharing of Information

To use the site, users will supply personal information, including but not limited to, name, email address, home address, and phone number. Experts will provide detailed information regarding their background. Experts agree that use of the site requires the publishing of their information on their profile page, as well as in the Expert locator, this is intended to help the users get acquainted with the skillset and expertise of the Expert. Site users agree that their personal information will not be shared, without express consent. Consent is provided when a user chooses an answer as “Helpful” and then their information is shared with the Expert who provided the answer.

The Expert terms of service requires the Expert only uses this information to follow up to try and establish a client relationship, and any misuse of this information will lead to immediate termination of the Expert account.

We do not condone nor tolerate spam, will not sell your information to anyone.

8. AskProfit is a Venue; Release

AskProfit acts as a venue for entertainment purposes to allow anyone to ask or answer just about any question, at anytime, from anywhere.

We are not involved in the actual conversation between Customers and Experts. AskProfit does not edit, modify, filter, screen, or otherwise monitor the content of questions, answers, profiles, qualifications or comments or have any obligation to monitor the content. As a result, we have no control over the quality, safety or legality of the answers given, the truth or accuracy of the answers, the ability of Experts to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Expert will actually complete a transaction. Because we are a venue, in the event that you have a dispute with one or more users, you release AskProfit (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all 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. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR"

9. No Assurances Given From and No Reliance on Term "Expert"

Throughout this Site, certain terms, including "Expert", "Specialist", "Consultant" or "Advisor" may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question posed by a user. Use of such terms provides no assurance that the person answering your question has any expertise or qualifications to give such advice. You acknowledge that AskProfit has not and cannot independently verify their qualifications. If you do not like any answer for any reason, your sole remedy is to disregard the answer and choose “Not Helpful”. Notwithstanding the foregoing, AskProfit reserves the right, but is not obligated, to remove any content that it believes violates any of these Terms, including, without limitation, any objectionable or personally identifiable information.

The amount of storage space per member is currently limited. You agree that AskProfit is not responsible or liable for the deletion or failure to store information.

10. Information Control and Storage

We do not control the information provided by users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and AskProfit is not responsible for the acts or omissions of users on the Site.

The amount of storage space per member is currently limited. You agree that AskProfit is not responsible or liable for the deletion or failure to store information.

11. Exclusion of Warranties

ASKPROFIT SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. ASKPROFIT DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASKPROFIT DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL ASKPROFIT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.

12. Exclusion of Warranties

IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13. Indemnification v You agree to indemnify, defend and hold AskProfit, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. AskProfit shall provide you reasonable notice of such claim.

14. Termination or Suspension of Service

If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to info@askprofit.com. Cancellations will be effective within 7 business days.
We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to suspend your account indefinitely if we suspect any fraudulent or inappropriate activity is being conducted through the use of the Site and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring.
AskProfit shall have no obligation to maintain any content in your account. Termination does not affect your liability or obligations under this Agreement.

15. No Endorsement of Non-AskProfit Entity ; No Relationship with Users

AskProfit may endeavor to offer to its users products and services offered by non-AskProfit entities. Placement of information, logos, links or names of such non-AskProfit entities on the AskProfit site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold AskProfit harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and AskProfit or between any user (including Customers and Experts) and AskProfit by formation of this Agreement (or any of the Related Agreements) or by your participation on the site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY ASKPROFIT AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.

16. Proprietary Rights of Content

You acknowledge and agree that AskProfit owns the rights to its website askprofit.com and all content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by AskProfit, AskProfit users, or AskProfit Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You agree that any content or information provided on the Site, whether as a question or answer, will not be considered confidential and may be used by AskProfit In addition, you agree that any materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of AskProfit, will not be considered confidential and may be used by AskProfit, in its sole discretion, without any obligation to compensate for its use of the ideas and without any obligation to return any submitted materials. You hereby grant AskProfit a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to create derivative works thereof, that you have in your content and information, in any media now known or not currently known, with respect to any such content or information.

17. Press Release Information

The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

18. Disputes, Assignment, and Governing Law

These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any AskProfit' employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and AskProfit agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement to any other party. AskProfit shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of AskProfit in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

This Agreement shall be governed by, and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. Each party using our website or services agrees to the exclusive jurisdiction of the courts of the State of New Jersey, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Nutley, NJ and waives any and all jurisdictional, venue or inconvenient forum objections.

Updated May 2007