Profund Legal Small Print

Disclaimer
PROFUND HAS MADE EVERY EFFORT TO ENSURE THE CONTENT OF THIS WEB SITE IS ACCURATE AND REPUTABLE, BUT ADDITIONS, MODIFICATIONS, AND DELETIONS MAY OCCUR. ALL INFORMATION AND CONTENT OF THIS WEB SITE, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PROFUND AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEB SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. PROFUND DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEB SITE IS FREE OF ERRORS, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE AND ITS RELATED HARDWARE AND SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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Proprietary Rights
All content (“Content”) included in the Profund Web Site, including information, data, software, photographs, graphs, typefaces, graphics, and other material is protected by copyright, trademark, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Profund owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of said Content.

You may not copy, change, delete, add to, transmit, or participate in the transfer or sale, lease or rental of, or in any way exploit any of the Content, in part or in whole.

The Profund logos and other trademarks on the Web Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Profund and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

By using the Profund Web Site, you agree that any information, materials, suggestions, ideas or comments you send to Profund or any other third party using the Profund Web Site is non-confidential unless otherwise stated in our privacy policy. By submitting any solicited or unsolicited information using the Profund Web Site, you grant Profund an irreversible and unlimited license to use, change, copy, send, and display such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

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Right to Download
You may only download Content displayed on the Profund Web Site for non-commercial, personal use, provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material, include and maintain a link back to the Profund Web Site, and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the content of the Profund Web Site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Profund.

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Liability
UNDER NO CIRCUMSTANCES WILL PROFUND BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEB SITE OR ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH WEB SITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEB SITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF PROFUND HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

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Applicable Law
The Profund Web Site is created, operated and controlled by Profund in the State of Illinois, USA. The laws of the State of Illinois will govern the Legal Terms without giving effect to any principles or conflicts of laws.

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Links to this Web Site
Profund grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web Site so long as the link does not portray Profund or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the Profund logo or Profund’s name or trademarks, or other proprietary graphic in the link without the prior written permission of Profund.

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Links to External Web Sites
The Profund Web Site contains links to other sites operated by companies not affiliated with Profund, including but not limited to sites that utilize the Profund trademarks ("External Site(s)"). These links are available for your convenience and are intended only to allow access to these External Sites and for no other purpose.

Profund does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any External Site or its content. A link to an External Site on the Profund Web Site does not constitute sponsorship, endorsement, approval or responsibility for any External Site. Profund makes no representation or warranty as to any products or services offered on any External Site.

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Trademarks
The following are trademarks of Profund: Profund Classic, DataViews, Profund, Profund Systems, IntelliPlan. You may not use any of these trademarks in any way without the express written permission of Profund.

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Privacy
Please review the Profund Privacy Policy for information on the privacy practices of the Profund Web Site.

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Security
If you use this Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

The Profund Web Site may only be used for lawful purposes. Activities including, but not limited to, tampering with the Web Site, misrepresenting the identity of a user, or conducting fraudulent activities on the Web Site are prohibited.

Users are prohibited from violating or attempting to violate the security of the Profund Web Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Web Site for unintended purposes or trying to change the behavior of the Web Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Web Site, overloading, "flooding," "spamming," or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Web Site (impersonating the Profund Web Site) or to the Web Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Profund, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Profund Web Site or any activity being conducted on this Web Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Profund Web Site other than the search engine and search agents provided by Profund or generally publicly available browsers and search engines.

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Right of Discontinuation
Profund reserves the right to change or discontinue at any time, without notice, any materials, specifications, models, products, or services described on this Web Site, or the availability thereof. Products, methods, and processes described on this Web Site may be covered by U.S. or foreign patents and/or other intellectual property rights.

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Export Laws
Software made available on this Web Site may be subject to United States export control laws. No software from this site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software made available on this Web Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

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Profund Web Site Owner
Profund is the owner and operator of the Profund Web Site. The Profund Web Site address is www.ProfundSystems.com. The mailing address for Profund is 475 Half Day Rd. Suite 240, Lincolnshire, IL 60069.