Profectus Inc. Incorporated (referred to in this Privacy Statement
as "we" or "Profectus Inc.") recognize the importance of protecting the privacy of all information provided by
users of profectus.com, recipients of our e-mail newsletters and all other customers of our products and
services. We created this policy with a fundamental respect for our customers' right to privacy and to guide
our relationships with our customers. This Privacy Statement discloses the privacy practices for all
products and services owned by Profectus Inc.
Information Collection And Use. Profectus Inc. collects information from our website users,
subscribers and other customers. In this section of our Privacy Statement, we describe the type of
information we collect and how we use it to provide better services to our customers.
Registration and Ordering. When using our websites, requesting information about our
services, and signing up for certain selected services (such as subscriptions), users must first
register. During registration, users are required to give their contact information (such as name, e-mail
address, mailing address, and phone number). For internal purposes, we use this information to communicate
with users and provide requested services, and, for our website visitors, to provide a more personalized
experience on our sites. We also may collect demographic information (such as job title and company
information). We use aggregate demographic information about our audience to improve our service, for
marketing purposes and/or industry reporting purposes.
E-mail Newsletters. If users wish to subscribe to our e-mail newsletters, we ask
for contact information (such as name, e-mail address, and demographic information). We use this information
in the same manner as we use contact information in the registration and ordering process described above.
Recipients of our newsletters can unsubscribe using the instructions listed at the end of the e-mail
Surveys and Contests. From time to time we invite web site users and other customers
to provide information via surveys or contests. Participation in these surveys or contests is completely
voluntary and the website user or other customer therefore has a choice whether to disclose requested
contact information (such as name and mailing address) and demographic information (such as zip code or job
title). In addition to the other uses set forth in this policy, contact information collected in connection
with surveys and contests is used to notify the winners and award prizes and to monitor or improve the use
of, and satisfaction with the website or other Profectus Inc. product or service. Such information is NOT shared
with third party sponsors of such surveys or contests.
Communications with Us. We have features where our customers can submit information to
us (such as our feedback forms). Where such submissions include requests for service or information, we may
forward them to our agents, as needed, to best respond to the specific request. In addition, we may retain
e-mails and other information sent to us for our internal administrative purposes, and to help us to serve
Communications from Us. Service Updates, Special Offers. In order to best serve our customers, we may send updates that
contain important information about our products and services. For example, we send new members a welcoming
message, and verify password and username for our password-protected web sites. We may also communicate with
a customer to provide requested services and for account-related issues via e-mail, phone, or regular mail.
In addition to such service and product-essential messages, we offer our customers the option to receive
information about our company, related products, services, and special deals. Users, however, can choose not
to receive these communications from us, as set forth in the "Permission" section below.
Automatic Data Collection. Our web sites, newsletters and, from time to time, certain
other products and services have features that automatically collect information from customers, to deliver
content specific to customers' interests and to honor their preferences. This information assists us in
creating products and services that will serve the needs of our customers.
We use an email delivery and marketing company to send emails
(including newsletters) for which you have registered (or otherwise agreed to receive). Web beacons and
cookies may be used in such email messages to help us measure the effectiveness of our advertising and how
customers use our web sites and other products and services.
For our internal purposes, we gather date, time, browser type,
navigation history and IP address of all visitors to our web sites. This information does not contain
anything that can identify users personally. We use this information for our internal security audit log,
trend analysis and system administration, and to gather broad demographic information about our user base
for aggregate use.
We may combine demographic information supplied by a customer
at registration with web site usage data to provide general profiles, in aggregate non-personally
identifiable form, about our customers and their preferences in the content of the site and advertising. We
may share this composite information with our advertisers and business affiliates to help them better
understand our services.
With Whom Your Information Is Shared. Other than as set forth above, we do not share personally
identifiable information with other companies, apart from those acting as our agents in providing our product(s)/service(s), and which agree to use it only for that purpose and to keep the information secure
and confidential. We will disclose information we maintain when required to do so by law, for example, in
response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency's
request, or in special cases when we have reason to believe that disclosing this information is necessary to
identify, contact or bring legal action against someone who may be causing injury to or interference with
(either intentionally or unintentionally) our rights or property. Users should also be aware that courts of
equity, might have the authority under certain circumstances to permit
personal information to be shared or transferred to third parties without permission.
Security. We use reasonable precautions to protect our customers'
personal information and to store it securely. Access to all of our customers' information is restricted.
Only employees who need the information to perform a specific job (for example, a consultant, or a customer
service representative) are granted access to personally identifiable information. Finally, the servers on
which we store personally identifiable information are kept in a secure environment.
Links. Our web sites contain links to other sites. Profectus Inc. is not
responsible for the privacy practices or content of such other sites. We encourage our users to be aware
when they leave our site and to read the privacy statements of each web site to which we may link that may
collect personally identifiable information.
Notifications and Changes. If we change our Privacy Statement, we will post those changes
on this page so our users are aware of what information we collect, how we use it and under which
circumstances, if any, we disclose it. Users should check this policy frequently to keep abreast of any
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Definitions. The term "subscription product" refers to paid subscription products available from Profectus Inc. on the profectus.com
About Subscription Products. You are required to purchase Subscription Products in order to use profectus.com. You can review the
various subscriptions at www.profectus.com. Only one subscribing company
may use each account or accounts (user name and password) associated with a purchased product, unless we agree otherwise. For details about your purchases, including payment methods and billing cycles,
visit the My Account area of profectus.com.
Processing and Payment. Profectus Inc. will process your subscription or purchase as promptly as possible. Your payment details must be
verified before your subscription or product can be activated. We accept major credit cards. We reserve the right to reject any order or purchase at any time. If your initial payment authorization is
later revoked, your subscription, product or access will be terminated. Contact Profectus Inc. if you believe your access was terminated in error. Unless specified otherwise in the
Cancellation Policy, all charges are nonrefundable. To view or change your payment method and history, visit the
Manage Account area of profectus.com.
Pricing. When you purchase a subscription, the price will be made clear during the order process. You agree to pay the price that is stated
at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.
Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively. All prices are in United States
Dollars. The Profectus Inc. reserves the right to change prices and fees at any time. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order.
You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward. If a stated price is determined by us in our sole discretion to be in error, we are
not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.
Additional Costs. If your product includes access to areas that contain other products, you may have to pay additional fees to fully access
those products. These additional charges will be clearly stated. When you use your digital product, you may incur other additional charges, such as telecommunications fees, data fees or service provider
fees. You are responsible for paying any additional charges. If you believe someone else has used your account or you are being charged for a product you do not have, please contact Profectus Inc.
Billing. We will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial
period. Billing will continue according to the cycle stated at the time of your order. To view information about your billing cycle, visit the My Account area of profectus.com. All Profectus Inc.
subscriptions are renewed automatically. When we renew your subscription, we will use the payment method currently associated with your account. You can view your payment method at any time in the My
Account area of profectus.com. You will not be notified in advance of impending renewals. Please see our Cancellation Policy for information about canceling.
One-Time Purchases. When you purchase a standalone product, including but not limited to articles and consulting services from the Profectus
Inc., we will charge or debit your payment method at the moment of purchase.
Unpaid Charges and Subscription Payment Failed. If your credit card expires or your payment method is otherwise invalid, your subscription
or product will automatically be terminated. You will remain responsible for all unpaid charges. You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including
court costs, attorneys' fees, collection agency fees and any other associated costs. Upon account termination, Profectus Inc. has no obligation to retain your entered data and will delete and destroy
such data without providing you with notice of such deletion.
Promotions. We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered.
Each promotion may be different. Promotions cannot be combined. You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, you will automatically be
signed up for the related subscription or purchase that will begin at the end of the promotional period. We will not notify you in advance that the promotion is about to end. To cancel and avoid being
charged, you must notify us before the promotion ends.
Software Products. When you purchase a subscription, your purchase is subject to the profectus.com
End User License Agreement.
Third Parties. If you have purchased your product through a third party, this subscription agreement may not apply to you. We are not liable
to you for any claims related to purchases made through third parties. Please contact the third party directly.
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You can cancel your subscription at any time. Cancelations can be made through the profectus.com
My Account section or by e-mail us at firstname.lastname@example.org or by calling Profectus Inc. at 1-941-379-8700
When you cancel your account, you will no longer have access to your subscription. You will not receive a refund for the balance of the current
billing cycle. Upon cancelation of your account, Profectus Inc. has no obligation to retain your entered data and may delete and destroy such data without providing you with notice of such deletion.
How To Cancel
To cancel your subscription:
1. Log in to the profectus.com website.
2. Click on "Manage Account" link on the top of the website.
3. On the "Your Account" menu on the right side of the page, click on the "
Order History" link.
4. Choose the subscription you want to cancel and click the "Cancel" button next to it.
5. Once you complete the cancellation form, your subscription will be canceled and all your data will be deleted from the system.
Cancellations by Us
We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation.
You will not be entitled to a refund in these circumstances. If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or
credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
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(the "Company") regarding the use of Company's software and service entitled profectus.com and other profectus.com Branded Subscription/Product/Service. (and all successor subscriptions/products/services),
as the case may be which may include user documentation provided in "online" or electronic form (the "Software").
Grant of License. During the term of your subscription license, subject to the payment of the applicable fees and your compliance with the
terms hereof, this Agreement permits you to use and access the specified subscription, only by one user, at a time. If you have purchased multiple subscriptions licenses, then at any time you may access
to the specified subscription that you have licenses.
Copyright. The Software is owned by the Company and is protected by United States copyright laws and international treaty provisions. We
own and retain all right title and interest in and to the Software, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore,
you may not use, copy, or distribute the Software without authorization.
Proprietary Rights. Profectus Inc. is and at all times shall be the sole and exclusive owner of profectus.com and of all software
that Profectus Inc. has developed, uses or makes available to provide the profectus.com software, and of any development thereof. Profectus Inc. reserve all rights, title and interest in and to
the software, including all related Intellectual Property Rights.
Restrictions. You may not rent, lease, or loan the Software. You may not reverse engineer, decompile, or disassemble the Software. You may
not modify, or create derivative works based upon the Software.
No warranties. The software is provided "as-is" without any warranty whatsoever. You assume all risks and responsibilities for
selection of the software to achieve your intended results, and for the installation of, use of, and results obtained from the software. The Company makes no warranty that the software will be error free
or free from interruption or failure, or that it is compatible with any particular hardware or software. To the maximum extent permitted by applicable law, company disclaims all warranties, either express
or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the software and the accompanying written materials.
Some states do not allow limitations on implied warranties, so the above limitation may not apply to you. You hereby acknowledge that the software may not be or become available due to any number of factors
limitation periodic system maintenance, scheduled or unscheduled, acts of god, technical failure of the software, telecommunications infrastructure, or delay or disruption attributable to viruses, denial
of service attacks, increased or fluctuating demand, the turn of the millennium, and actions and omissions of third parties. Therefore company expressly disclaims any express or implied warranty regarding
system and/or software availability, accessibility, or performance.
Limited liability; No liability for consequential damages. You assume the entire cost of any damage resulting from your use of the software
and the information contained in or compiled by the software, and the interaction (or failure to interact properly) with any other hardware or software whether provided by the company or a third party.
To the maximum extent permitted by applicable law, in no event will company or its suppliers or licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, loss of goodwill; work stoppage; hardware or software disruption impairment or failure, repair costs, time value or other pecuniary loss)
arising out of the use or inability to use the software, or the incompatibility of the software with any hardware software or usage, even if such party has been advised of the possibility of such damages.
In no event will
Company’s total liability to you for all damages in any one or more cause of action, whether in contract, tort or otherwise. Exceed the amount paid by you for the software. Because some states do not allow
the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Indemnification. You agree to indemnify and hold Us, our officers, directors, shareholders, predecessors, successors in interest, employees,
agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Profectus Inc by any third party due to or arising out of
or in connection with Your use of the profectus.com software.
U.S. Government-Restricted Rights. The Software and accompanying documentation are deemed to be "commercial computer Software"
and "commercial computer Software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance,
display or disclosure of the Software and accompanying documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly
permitted by the terms of this Agreement.
Geographical Limitations To The Service. Profectus Inc. administers and operates the profectus.com website from various locations
inside and outside the United States. Although the profectus.com is accessible worldwide, not all features, products or services discussed, referenced, provided or offered
through or on profectus.com are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Profectus Inc. reserves the right to limit, in
its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.
about you, including your name, email address and credit card information. The Company employs other companies and individuals to perform functions its behalf. Examples include sending postal mail and
e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They may have access to personal
is provided as a courtesy to for informational purposes only and contains statement of its present guidelines and goals with respect to collection, retention and use of data the Company may obtain from your
purchase or use of the Software. The Company does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance
Use Of Data, Privacy And Security. Profectus Inc. may capture User Data when providing the profectus.com Service. User acknowledges
profectus.com runs on secure SSL-protected servers, though Profectus Inc does not guarantee the security of the profectus.com software
or the Data, and Profectus Inc. will not be responsible in the event of any infiltration of the security systems where profectus is hosted. You further acknowledge and agree that Profectus Inc.
is not responsible for the security of the Data or information or any other information stored on Merchant’s servers or any other party’s servers. You agree to notify Us immediately of any unauthorized
use of your account or password, or any other breach of security. However, You may be held liable for losses incurred by Us or any other User or Merchant due to someone else using your User ID and password
General. This Agreement is governed by the laws of the United States and the State of Florida, without reference to conflict of laws principles.
The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement shall not be subject to the Uniform Commercial Code. Any dispute
between you and Company regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the county of Sarasota, state of Florida, USA. This Agreement is the entire agreement
between you and Company and supersedes any other communications or advertising with respect to the Software and documentation. If any provision of this Agreement is held invalid, the remainder of this
Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of the Company.
Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact the Company for any reason, please
call (941) 379-8700, fax (941) 922-3628, or write: Profectus, Inc., 4587 Sandpine Lane, Sarasota, Florida, 34241
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