Terms of Use
Acceptance of These Terms
These Terms of Use (the “Terms”) are an agreement between you and Proffiliates Inc (“Company,” “we,” “our,” or “us”). They govern your access to and use of our website (the “Website”), any mobile experiences (if offered), and our social media pages (collectively with the Website, the “Sites”). By accessing or using the Sites, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Sites.
Changes to the Terms
We may update these Terms at any time in our discretion. All changes are effective upon posting and apply to use of the Sites thereafter. Your continued use constitutes acceptance of the updated Terms. Please review this page periodically.
Eligibility; Access and Account Security
The Sites are offered and available to users who are at least eighteen (18) years old. You are responsible for making all arrangements necessary to access the Sites and for ensuring that anyone who accesses the Sites through your internet connection is aware of and complies with these Terms.
Fair Credit Reporting Act (FCRA) Notice
In limited circumstances, we may obtain or use consumer report information for legally permissible purposes (for example, identity verification or fraud prevention). If we do so, we will comply with the FCRA, including providing required disclosures and honoring consumer rights to access and dispute information.
Intellectual Property Rights
The Sites and all content, features, and functionality on them (collectively, the “Materials”) are owned by the Company or our licensors and are protected by intellectual property laws. No rights in the Sites or Materials are granted except as expressly set out in these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Materials except as necessary for your personal, non‑commercial use or as enabled by features we provide.
Prohibited Uses
You agree not to use the Sites for unlawful purposes or in violation of these Terms. Without limitation, you will not: (a) violate any applicable law; (b) attempt to exploit or harm minors; (c) post or transmit content that violates our content standards; (d) send spam or unsolicited promotions; (e) impersonate any person or entity; (f) interfere with others’ use of the Sites; (g) introduce malware or attempt to disrupt the Sites; (h) scrape, crawl, or harvest data without permission; (i) reverse engineer or attempt to derive source code; or (j) engage in data mining or similar activities.
Monitoring; Enforcement; Termination
We may, in our discretion, monitor the Sites; remove or refuse to post any content; disclose your identity to third parties who claim their rights were violated; take legal action for illegal or unauthorized uses; and suspend or terminate your access for any or no reason. You agree to hold the Company and our affiliates harmless from claims resulting from actions taken during investigations by us or law enforcement.
Digital Millennium Copyright Act (DMCA)
If you believe content on the Sites infringes your copyright, you may submit a notice under 17 U.S.C. §512(c)(3) that includes: (1) a physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and its location; (4) your contact information; (5) a good‑faith statement that the use is not authorized; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and you are authorized to act on behalf of the owner.
Linking to the Sites; Features
You may link to our homepage in a fair and legal manner that does not suggest association, approval, or endorsement. You must not frame the Sites or link to any part of the Sites in a way that violates these Terms or applicable law.
Third‑Party Sites and Social Media
The Sites may link to third‑party websites or services. We are not responsible for third‑party content or practices. Your use of our social media pages is subject to these Terms, our Privacy Policy, and the applicable platform rules.
Reliance on Information
Materials on the Sites are provided for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of the Materials, and any reliance you place on such information is strictly at your own risk.
Changes to the Sites
We may withdraw or change the Sites, and any service or Materials, at any time without notice. We will not be liable if all or any part of the Sites is unavailable at any time or for any period.
Privacy
All information we collect on or through the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Disclaimer of Warranties
YOUR USE OF THE SITES, THEIR MATERIALS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless the Company and our affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites.
Governing Law; Dispute Resolution; Arbitration
These Terms and any dispute or claim related to them are governed by the laws of the State of Oregon, without regard to its conflict‑of‑law principles. YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION. The Federal Arbitration Act and federal arbitration law apply to this agreement. You and we waive jury trial rights. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms is held to be unlawful, void, or unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and the Company regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.