Terms of Use
Legal Agreement. By accessing, using, or communicating with any Profile Products LLC website, mobile app, or social media account (“Online Sources”), you are entering into a legally binding agreement set forth by these terms of use (“Terms of Use”). If you do not agree to be bound by all the terms and conditions of these Terms of Use, then do not access, use or communicate with any Online Sources.
Overview. The Online Sources have been made available by Profile Products LLC, its related companies or affiliates (“Profile Products”) for the use of users visiting or purchasing from the Online Sources. These Terms of Use apply to visitors, purchasers and anyone else who accesses, uses or communicates with the Online Sources.
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 Use. You represent and warrant: (a) you will only use the Online Sources in accordance with these Terms of Use; (b) you or your authorized representative have the legal authority to complete any transaction and create a legally binding obligation with respect to any permitted financial transaction for Goods and Services offered through the Online Sources; and (c) you or your authorized representative will only use the Online Sources to make permitted and legitimate purchases of Goods 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.
Additional Rules and Restrictions. Additional rules and restrictions may apply to your purchase of Goods and Services. It is your responsibility to understand any such additional terms and conditions that may apply, e.g., cancellation policies, refund policies, credit card policies, and limitations on liability. You agree to follow these additional terms and conditions of Profile Products or its authorized vendors or suppliers. You acknowledge that Profile Products or its authorized vendors may require you to waive or release liability prior to participation in activities relating to the Good and Services. You further acknowledge that failure to abide by any of these additional rules and restrictions could result in cancellation of the Goods or Services, denial of access or use of the Goods or Services, or forfeiture of payments of the Goods or Services. In the event of a conflict between these additional terms and conditions and these Terms of Use, the additional terms and conditions will prevail.
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.
No Violation of Other Obligations. You represent that by registering, using and/or accessing any Online Source and entering into this legally binding Terms of Use, such activities do not violate any obligations that you have to any third parties. To the fullest extent permitted by law, Profile Products disclaims any responsibility or liability for any violation of such other obligations by you.
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.
User Access Restrictions. You must not attempt to restrict another user from using or enjoying any Online Source and you must not encourage or facilitate violations of these Terms of Use.
Violations of Terms of Use. Violation of these Terms of Use may, in Profile Products’ sole discretion, result in termination of your account associated with any Online Source. You understand and agree that Profile Products cannot and will not be responsible for the Content and you use the Online Sources at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Profile Products, we can stop providing you access to the Online Sources. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
Content Blocking. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
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.
License to Profile Products. Profile Products does not claim ownership of any Content that you post on or through any Online Source. Notwithstanding, you hereby grant to Profile Products a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through any Online Source, subject to the Privacy Policy, available at https://profileproducts.com/privacy-policy.
Content Representations and Warranties. You represent and warrant that: (a) you own the Content posted by you on or through any Online Source or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (b) the posting and use of your Content on or through the Online Sources does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (c) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Online Sources; and (d) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
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 Responsibility. You agree that Profile Products is not responsible for, and does not endorse any content posted or uploaded to any Online Source by a third party or other users. Profile Products does not have any obligation to prescreen, monitor, edit, or remove any content. If your Content violates these Terms of Use or other laws or regulations, you may bear legal responsibility for the Content.
Privacy Policy. Except as otherwise described in the Privacy Policy, available at https://profileproducts.com/privacy-policy, as between you and Profile Products, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Profile Products is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Profile Products in a position that is any different from the position held by members of the general public, including with regard to your Content.
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.
Indemnification. You (and also any third party for whom you operate an account or activity on the Online Sources) agree to defend (at Profile Products’ request), indemnify and hold Profile Products harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Online Sources or those conducted on your behalf): (a) your Content or your access to or use of the Online Sources; (b) your breach or alleged breach of these Terms of Use; (c) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you. You will cooperate as fully required by Profile Products in the defense of any claim. Profile Products reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Profile Products.
Dispute Resolution. You agree that the laws of Delaware, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms of Use. We both agree that all these claims can only be litigated in the federal and state courts of Delaware, USA, and we each agree to personal jurisdiction in those courts.
Updated Terms. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. You agree that we may notify you of the Updated Terms by posting them on the Online Sources, and that your use of the Online Sources after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using any Online Source. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Online Sources from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
General Terms. If a court with authority over these Terms of Use finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Use. To the extent allowed by law, the English version of this Agreement is binding. This Agreement (including additional terms that may be provided relating to the Goods and Services) is the only agreement between us regarding the Online Sources and supersedes all prior agreements on the same or similar subject matter. If we do not act to enforce a breach of these Terms of Use, that does not mean that Profile Products has waived its right to enforce these Terms of Use. You may not assign or transfer these to anyone without our consent. However, you agree that Profile Products may assign these Terms of Use to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to these Terms of Use.
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.
Contact Information. If you have any questions regarding these Terms of Use, you may contact Profile Products at the following address:
Profile Products LLC
750 W. Lake Cook Road, Suite 440
Buffalo Grove, Illinois 60089