Profit Swami » Terms of Use

Terms of Use

Terms of Use

ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.

Profit Swami LLC (“Profit Swami”) takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our online services, or participate in our online offerings. For more information please visit Profit Swami’s Privacy Policy.

This document is an agreement between you and Profit Swami that describes the terms of use (“TOU”) subject to which you may access and use the content and services offered on the websites operated by Profit Swami or its affiliates, including but not limited to http://www.profitswami.com/ (collectively, the “Profit Swami Sites”). The services and tools offered on some of the Profit Swami Sites may be subject to additional terms and conditions described on the site or in an End-User License Agreement distributed with such services or tools. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES, AND TOOLS OFFERED BY the PROFIT SWAMI SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

Please note that Profit Swami reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the Profit Swami Sites or Services following the posting of changes to these TOU will mean you accept those changes. Profit Swami reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that Profit Swami shall have the right to terminate your access to the Profit Swami Sites or Services for violations of any of these terms.

Personal, Non-Commercial Use: The Profit Swami Sites and any materials provided on them are made available for your personal, non-commercial use only. Except as otherwise provided by specific terms governing services, products, or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, products, or services obtained from the Profit Swami Sites. COPYING OR REPRODUCTION OF CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED EXCEPT TO ANY EXTENT ALLOWED BY A RELEVANT LICENSE AGREEMENT.

Services:  Profit Swami may offer various business educational and consulting services the “Services”). In order to access some of the Services, users may be asked to provide their name, e-mail address, mailing address, telephone number, and payment information, if applicable. Subject to their compliance with the TOU, Profit Swami grants users a limited, non-exclusive license to utilize such Services so long as: (i) they are eighteen (18) years of age or older; and (ii) they are not barred from receiving the products and Services offered on the Profit Swami Sites under the laws of the United States. In order to access or use the Services, users must provide current and accurate, identification, contact, and payment information as part of the registration process or continued use of the Services. Users will be responsible for maintaining the accuracy and completeness of any such information provided. To register for some Services the user may be sent to a third party website to facilitate processing of payment. Any third party website is subject to its own terms of use and privacy policy and the user should review the terms of use and privacy policy of that third party website before providing personal information. Registered Users may be provided with a username and/or an email address and a password to access or use the Services (the “Account Information”). Registered Users are responsible for maintaining the confidentiality of their Account Information and, accordingly, will be fully responsible for all activities that occur utilizing their Account Information. Registered Users agree to immediately notify Profit Swami of any unauthorized use of their Account Information or any other breach of security. Profit Swami will not be liable for any loss or damage arising from a Registered User’s failure to provide it with accurate information or to keep their Account Information secure. Profit Swami may, at any time, revoke a user’s access to the Services for any reason in its sole discretion, including, but not limited to, if Profit Swami believes that the user is in breach of these Terms of Use. Upon any expiration of Services ordered by a user, or any termination of these TOU, the user’s access and other rights to these Services will be cancelled and cease. In such event the user must cease any further use of the Services.

User Content: Users may have the opportunity to upload various forms of content to the Profit Swami Sites which may include, but not be limited to, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials in connection with their use of the Services (“Content”). By submitting your Content, you give Profit Swami a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content.

As a user of the Profit Swami Sites you acknowledge that: (i) Profit Swami may not pre-screen Content and, as such, Profit Swami does not guarantee the accuracy, integrity, or quality of such Content; (ii) you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (iii) you may be exposed to Content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will Profit Swami be liable in any way for any Content posted by users of the Profit Swami Sites, including, but not limited to, any errors or omissions in any such Content, or for any loss or damages of any kind incurred as a result of the use of any such Content.

If Profit Swami is made aware of Content that may be: (i) libelous, obscene, excessively violent, scandalous, defamatory, or that Profit Swami determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable; (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy; or (iii) holds Profit Swami, its affiliates or third party content or product providers open to scorn or ridicule, Profit Swami has the right, but not the obligation, to remove or disable access to such Content.

Copyright Infringement and Copyright Agent: Profit Swami will, in circumstances it deems appropriate, terminate a user’s right to participate in the Profit Swami Services, and/or remove or disable access to Content, if such Content is claimed to infringe the intellectual property rights of a third party.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Profit Swami Site, please provide notice to the Profit Swami Copyright Agent including the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
  2. A description of the copyrighted work(s) that you claim have been infringed and identification of the work(s) you claim are infringing and which you request to be removed or access to which is to be disabled.
  3. A description of where the material that you claim is infringing is located on the Profit Swami Site.
  4. Information sufficient to permit Profit Swami to contact you, such as your physical address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the use of the material identified in your notice, in the manner complained of, is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Profit Swami Copyright Agent can be reached as follows:

By mail:
Copyright Agent
Profit Swami
11 Nod Hill Road
Newton, MA 02461
By email: amit@profitswami.com

YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A PROFIT SWAMI SITE. ANY COPYRIGHT INQUIRY MUST INCLUDE THE WORDS “COPYRIGHT INFRINGEMENT” AND THE ITEM ALLEGEDLY INFRINGED IN THE SUBJECT LINE. THE COPYRIGHT AGENT WILL NOT RESPOND TO INQUIRIES THAT ARE NOT IDENTIFIED IN THIS MANNER.

User Responsibilities and Conduct: The user is responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). The user is responsible for those fees. In addition, the user must provide and is responsible for all equipment necessary for the user to access the Services.

The user shall (i) be responsible for its compliance with this agreement; (ii) be solely responsible for the accuracy, quality, integrity and legality of any Content submitted by the user; and (iii) use reasonable efforts to prevent unauthorized access to or use of the Services, and notify Profit Swami promptly of any such unauthorized access or use. The user represents and warrants that it has the right to use the Content and that it has obtained all third party consents, permits and/or licenses necessary or required to grant the rights granted to Profit Swami hereunder and for Profit Swami to provide the Services to the user. The user shall not make the administrative interface of the Services available to anyone other than its authorized users.

The user further agrees:

  • not to use, or attempt to use, the Services to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person’s privacy or proprietary rights; and
  • not to impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Profit Swami, or otherwise attempt to mislead visitors as to the user’s identity.

Charges, Billing, Payment: Charges for the Services, if applicable, as well as refund and other policies, are set forth on the applicable product or service page. In order to register for Services that require payment of a fee, you must provide Profit Swami with your credit card information. Profit Swami may take commercially reasonable actions to validate your credit card information. If Profit Swami does not receive payment from your card issuer, you agree to pay Profit Swami all amounts due immediately upon demand. Prices are subject to change.

Profit Swami’s Intellectual Property Rights: All content and Services on the Profit Swami Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, video and other website materials (the “Materials”) are the intellectual property of Profit Swami, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. None of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Profit Swami. Notwithstanding the foregoing, course and lecture materials made available to users may be copied and distributed, but only for the user’s personal, non-commercial use.

Profit Swami, the Profit Swami logo, and other marks related to the Profit Swami Services (the “Profit Swami Marks”) are the exclusive and valuable property of Profit Swami or its affiliated companies. Profit Swami Marks can only be reproduced or displayed with specific written permission from Profit Swami, and only in accordance with the policies and guidelines associated therewith. All third party trademarks are the property of their respective owners.

Third-Party Content, Links and Services: The Profit Swami Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services. In consideration for the convenience of Profit Swami making this third-party content and tools available or accessible to you, you acknowledge that Profit Swami is not responsible for any such third-party content or tools. You also agree that Profit Swami is not responsible or liable for any losses or damages you experience with any third-party content or tools you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. Profit Swami may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable. You may be asked to provide personal information to third parties that you have accessed through Profit Swami, you acknowledge that when providing such information to third parties you are subject to those third parties’ terms of use and privacy policies and not to Profit Swami’s Terms of Use and Privacy Policy. You should review any third parties’ terms of use and privacy policy before providing personal information.

Compliance with Laws: By accessing or using the Profit Swami Sites, you agree to comply with all laws, rules, and regulations implemented by any government authority or agency which govern or apply to the use of the Profit Swami Sites and any Services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the Profit Swami Sites to countries or persons prohibited under the export control laws of the United States. Profit Swami makes no representation that the content on the Profit Swami Site is appropriate or available for use outside the United States. If you have chosen to access the Profit Swami Site from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.

Legal Disclaimers: The Profit Swami Sites and the information provided therein are for the convenience of users of the Profit Swami Sites and for customers and potential customers of Profit Swami and its Services. The information provided on the Profit Swami Sites and the Services described on the Profit Swami Sites are subject to change without notice. PROFIT SWAMI DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM the PROFIT SWAMI SITES. THE PROFIT SWAMI SITES AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROFIT SWAMI DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROFIT SWAMI SITES OR SERVICES. PROFIT SWAMI DOES NOT WARRANT THAT THE PROFIT SWAMI SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE PROFIT SWAMI SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, PROFIT SWAMI IS NOT RESPONSIBLE FOR SUCH COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS PROFIT SWAMI, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE PROFIT SWAMI SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF PROFIT SWAMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the Profit Swami Sites, including, without limitation, damages you may incur because of third-party services or goods advertised on, or linked to the Profit Swami Sites.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnity: You agree to defend, indemnify, and hold harmless Profit Swami and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Profit Swami Sites or Services, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Profit Swami Sites or Services, or (iii) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party.

Governing Law: These TOU and all claims related to them, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. You agree and irrevocably submit to the exclusive personal jurisdiction and venue in the federal courts located in Boston, or the state courts located in Middlesex County, Massachusetts, with respect to such matters. If for any reason, a court of competent jurisdiction finds any provision or portion of the TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.

Entire Agreement: These TOU constitute the entire agreement between you and Profit Swami, with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

These Terms of Use were last amended on July 7, 2015.