Website Terms of Use

These Website Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.profitsolutions.com (the “Website”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of our Website. If you do not agree to comply with and be bound by these Terms of Use, you must stop using our Website immediately. These Terms of Use do not apply to the use of our services. Please refer to our Terms and Conditions for more information https://profitsolutions.com/terms-and-conditions/.

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Website;
User” means a user of our Website;
User Content” means any content submitted to our Website by Users, including, but not limited to, text, images, audio, video, and any other form of information capable of being stored on a computer that appears on, or forms part of, the Website;
We/Us/Our” means Furry Baxi Limited, a limited company incorporated under the laws of England and Wales, with registered address Oakwood House Guildford Road, Bucks Green, Horsham, West Sussex, United Kingdom, RH12 3JJ, with VAT number [number];

2. Access to Our Site

2.1 Access to our Website is free of charge.

2.2 It is your responsibility to make any and all arrangements necessary in order to access our Website.

2.3 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.

2.4 You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

2.5 Our Website is directed to people residing in the United States. We do not represent that content available on or through our site is appropriate for use or available in other locations.

2.6 We may update and change our Website from time to time to reflect changes to our services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

3. Intellectual Property Rights

3.1 With the exception of User Content, all Content included on our Website and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content (including User Content) is protected by applicable US, state, and international intellectual property laws and treaties. All such rights are reserved.

3.2 Subject to sub-Clause 3.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Website unless given express written permission to do so by us.

3.3 You may:

3.3.1 Access, view and use our Website in a web browser (including any web browsing capability built into other types of software or app);

3.3.2 Download our Website (or any part of it) for caching;

3.3.3 Print one copy of any page(s) from our Website;

3.3.4 Download extracts from pages on our Website; and

3.3.5 Save pages from our Website for later and/or offline viewing.

3.4 Our status as the owner and author of the Content on our Website (or that of identified licensors, as appropriate) must always be acknowledged.

3.5 You may not use any Content saved or downloaded from our Website for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

 

4. User Content

4.1 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that such User Content complies with these Terms of Use.

5. Links to Our Site

5.1 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

5.2 You must not establish a link to our Website in any website that is not owned by you.

5.3 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

5.4 We reserve the right to withdraw linking permission without notice.

5.5 If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected].

5.6 Framing or embedding of our Website on other websites is not permitted without our express written permission.

6. Links to Other Sites

Links to other sites may be included on our Website. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

7. Disclaimers

7.1 Nothing on our Website constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to the use of our services.

7.2 Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7.3 We make reasonable efforts to ensure that the Content on our Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services provided through our Website.

8. Our Liability

8.1 The provisions of this Clause 8 apply only to the use of our Website and not to the use of the services, which are governed separately by our Terms of Service.

8.2 To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Website or the use of or reliance upon any Content (including User Content) included on our Website.

8.3 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Website or any Content included on our Website.

8.4 We shall not bear any liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

8.5 We exercise all reasonable skill and care to ensure that our Website is free from viruses and other malware. However, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Website (including the downloading of any Content from it) or any other site referred to on our Website.

8.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9. Viruses, Malware and Security

9.1 We exercise all reasonable skill and care to ensure that our Website is secure and free from viruses and other malware.

9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You should use your own virus protection software.

9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website.

9.4 You must not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website.

9.5 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

9.6 You must not attack our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10. Acceptable Use Policy

10.1 You may only use our Website in a lawful manner:

• You must ensure that you comply fully with any and all state, federal or international laws and regulations that apply;

• You must not use our Website in any way, or for any purpose, that is unlawful or fraudulent;

• You must not use our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind;

• You must not use our Website to knowingly send, upload, or in any other way transmit unauthorised or unsolicited marketing or similar material (commonly referred to as “spam”);

• You must not use our Website to bully, threaten, harass, intimidate, insult, annoy, alarm, inconvenience, upset, or embarrass another person; and

• You must not use our Website to harm or attempt to harm minors in any manner.

10.2 When communicating via our Website, uploading User Content, or otherwise interacting with our Website, you must not submit, communicate, or otherwise do anything that:

• is sexually explicit;

• in any way sexualises minors (including, but not limited to, child sexual abuse material);

• is obscene, deliberately offensive, hateful, or otherwise inflammatory;

• promotes violence;

• promotes, encourages, incites, or supports acts of terrorism;

• promotes or assists in any form of unlawful activity;

• is defamatory of another person;

• bullies, insults, intimidates, or humiliates another person;

• discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;

• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

• is calculated or otherwise likely to deceive;

• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;

• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;

• implies any form of affiliation with us or any other party where there is none;

• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trademarks, and database rights) belonging to us or any other party;

• is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.

 

11. Privacy and Cookies

Use of our Website is also governed by our Cookie and Privacy Policies, available from https://profitsolutions.com/privacy-policy/. These policies are incorporated into these Terms of Use by this reference.

12. Changes to these Terms of Use

12.1 We may alter these Terms of Use at any time. If we do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of our Website after the changes have been implemented. You are therefore advised to check this page from time to time.

12.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

13. Contacting Us

To contact us, please email us at [email protected] or using any of the methods provided on our contact page at https://profitsolutions.com/contact-us/.

14. Assignment

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15. Law and Jurisdiction

15.1 These Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of the State of California.

15.2 Any disputes concerning these Terms of Use, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of the State of California.

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