Goods and Services. Profile Products manufactures and distributes environmental solutions, including erosion and sediment control products, turf and ornamental establishment products, and soil amendments, to a range of industries, including professional horticulture, specialty agriculture, consumer lawn and garden, sports fields, golf courses, mining, oil and gas reclamation, landfills, commercial/residential construction, and highway projects (“Good and Services”).
Online Source Transactions. In our sole discretion, Profile Products reserves the right to refuse to place any order for Goods or Services or revoke any order thereof. Profile Products, in its sole discretion, may limit or cancel quantities of Goods or Services sold per transaction, household or person. Profile Products will make a good faith attempt to notify you should an order be changed or canceled. In Profile Products’ sole discretion, we may limit or prohibit orders that we believe are placed by dealers, brokers, resellers or distributors. Certain Goods and Services may be offered exclusively through the Online Sources. These Goods and Services may have limited quantities and are subject to return or exchange only through the Online Sources according to the applicable return policy.
Age Requirement. You agree that you meet the following minimum age requirement: (a) 18 years old if you are using and/or accessing the Online Sources in the United States; or (b) if any law, foreign or domestic, requires you must be older to use and/or access the Online Sources, then the older age.
Your Account. The Online Source may allow you to set up a user account. As between you and others, your user account belongs to you. With respect to your account, you agree to (a) select a strong and secure password; (b) maintain adequate and reasonable safeguards to keep your password secure and confidential; (c) not sell, transfer, license or assign your account; (d) create your accounts on your own behalf and not create accounts for anyone other than yourself; (e) not create accounts through any unauthorized means, such as, but not limited to, an automated device, script, bot spider, crawler or scraper.
Accuracy. You represent and warrant that all comments, images, photos, postings, and other information that you upload to any Online Source (“Content”) at the time of registration and thereafter will be true, accurate, current and complete and you agree to update such content as necessary to maintain its truth and accuracy.
Legal Purposes. You agree not to use any Online Source for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of and access to the Online Sources.
Online Source Modifications. You must not change, modify, adapt or alter the Online Sources or change, modify or alter another online source so as to falsely imply that you are associated with any Online Source.
Online Source Disruptions. You must not interfere or disrupt the servers or networks connected to any Online Source, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Online Source is rendered or displayed in a user's browser or device.
Third-Party Services or Features. There may be links from an Online Source, or from communications you receive from an Online Source, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within an Online Source. An Online Source may also include third-party content that we do not control, maintain or endorse. Functionality on an Online Source may also permit interactions between the Online Source and a third-party web site or feature, including applications that connect the Online Source or your account with a third-party web site or feature. You expressly acknowledge and agree that Profile Products is in no way responsible or liable for any such third-party services or features.
Third-Party Content. By using any Online Source, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Profile Products does not and is not required to review this content. You agree that Profile Products is not responsible for any content of third-parties or for any damages as a result of your use of or reliance on it.
Profile Products Content. The Online Sources contain content owned or licensed by Profile Products ("Profile Products Content"). Profile Products Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Profile Products, Profile Products owns and retains all rights in the Profile Products Content and the Online Sources. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Profile Products Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Profile Products Content. The Online Sources are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on any Online Source for your personal use only.
Profile Products Intellectual Property. The Profile Products name and logo, and the non-exhaustive list of Profile’s trademarks shown at https://www.profileproducts.com/trademarks, are registered and unregistered trademarks of Profile Products, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Profile Products. In addition, all page headers, custom graphics, button icons, and scripts on the Online Sources are service marks, trademarks, copyright, and/or trade dress of Profile Products, and may not be copied, imitated or used, in whole or in part, without prior express written permission from Profile Products.
Disruption In An Online Source. We may change, suspend or end an Online Source at our sole discretion. To the extent permitted by law, these changes may be effective upon notice provided to you. Although it is Profile Products’ intention for the Online Sources to be available as much as possible, there will be occasions when the Online Sources may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
NO WARRANTY. TO THE EXTENT ALLOWED UNDER LAW, PROFILE PRODUCTS (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G., WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE ONLINE SOURCES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE ONLINE SOURCES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
EXCLUSION OF LIABILITY. TO THE EXTENT PERMITTED UNDER LAW, PROFILE PRODUCTS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE ONLINE SOURCES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF PROFILE PRODUCTS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, US $500. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PROFILE PRODUCTS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PROFILE PRODUCTS HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Errors and Omissions. From time to time, an Online Source may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Profile Products reserves the right to correct any errors, inaccuracies or omissions (e.g., update information or cancel orders or reservations regarding Goods or Services) without prior notice to you.
Complaints Regarding Content. We respect the intellectual property of others. We require that Content be accurate and not in violation of the intellectual property rights or other rights of third parties. Use the contact information below to report any potential complaint regarding any such offenses.
Profile Products LLC
750 W. Lake Cook Road, Suite 440
Buffalo Grove, Illinois 60089