PROFITADVISOR™ Terms & Conditions

​Terms and Conditions of Use were revised on 2026-01-30 9:00am
 
Terms and Conditions of Use
 
YOUR COMPANY, NONPROFIT AND/OR END USER IS LIABLE FOR ALL CALLS AND TEXT MESSAGES ORIGINATING FROM YOUR ACCOUNT. PERIOD.

I, the PROFITADVISOR™ User or Company Representative, DECLARE THAT I HAVE READ AND AGREE TO THE TERMS OF SERVICE, AND AGREE TO THE FOLLOWING:

 **IF YOU DO NOT AGREE WITH ANY TERMS ON THIS WEBSITE, PLEASE LEAVE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND TO FOLLOW THE "RESPONSIBLE USE OF SERVICE" TERMS, DO NOT UTILIZE PROFITADVISOR™.COM. THANK YOU.**
 
SECTION A, TERMS AND LIABILITY:

A. PROFITADVISOR™ will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of PROFITADVISOR™'s facilities or commencement of service.

B. IN NO EVENT WILL PROFITADVISOR™ BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT PROFITADVISOR™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

C. PROFITADVISOR™ will be indemnified, defended, and held harmless by CUSTOMER against all claims of loss or damage arising from the use of service furnished by PROFITADVISOR™, including: (i). Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via PROFITADVISOR™ service; and (ii). All other allegations and claims arising out of any intentional act or omission by CUSTOMER or others authorized by CUSTOMER to use the service, in connection with any service provided by PROFITADVISOR™.

D. PROFITADVISOR™ MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. PROFITADVISOR™ DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON PROFITADVISOR™'S BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY PROFITADVISOR™.

E. PROFITADVISOR™ will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in PROFITADVISOR™ offerings made to CUSTOMER, or for damages associated with service, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with PROFITADVISOR™ services.

F. PROFITADVISOR™ may release my IP address and any other personal information for use by law enforcement in the case of investigations of system misuse.

G. I AGREE AND CONFIRM THAT THE NUMBERS SELECTED FOR UPLOAD FOR THIS CAMPAIGN HAVE BEEN SCRUBBED AGAINST ALL REQUIRED FEDERAL AND STATE DO-NOT-CALL LISTS, AND HEREBY ACCEPT FULL LIABILITY AND LEGAL RESPONSIBILITY FOR THE DIALING OF THESE NUMBERS.

SECTION B, RESPONSIBLE USE OF SERVICE:

The following information is provided in an effort to promote responsible use of the PROFITADVISOR™ service.

The PROFITADVISOR™ service places the ability to launch an entire telemarketing campaign in the hands of you the subscriber. PROFITADVISOR™ respects your privacy. We will not monitor your audio messages, read or share database upload information with any third party without your expressed permission unless we believe in good faith that such action is necessary to either comply with the law or properly enforce the PROFITADVISOR™ terms of service agreement. Since it is you the subscriber who creates the audio announcement, provides the calling list, and most importantly launches your own calling campaign, we here at PROFITADVISOR™ feel it necessary to provide you the subscriber with the following information in an effort to ensure that all PROFITADVISOR™ subscriber calling campaigns are conducted responsibly.

IN ACCEPTING THIS ONLINE AGREEMENT, YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS:

I Agree that:1

1.         Prior to using PROFITADVISOR™ I will make sure that I am familiar with any Federal or State Laws that would be applicable to my call campaign.
2.         This campaign will be respectful of proper calling time restrictions that would be applicable to my specific call campaign.
3.         I understand that I may contact PROFITADVISOR™ if wish to upload an existing do not call list. In the event a recipient makes a request to be taken off my calling list, I will do so immediately and indefinitely.
4.         I understand that allowing those on my calling list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible calling campaigns.
5.         I will Follow Federal and State calling time rules and or restrictions.
6.         I will clearly state the identity of the caller at the beginning of my audio message and provide proper contact information such as phone number and address during call.
7.         I will avoid strings of numbers as it is unlawful to engage two or more lines of a multi-line business.
8.         I understand that it is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies.
9.         I will avoid sending unsolicited audio messages to those who will incur charges. For example: beepers, pagers or cell phones unless proper prior permission has been obtained by the recipient.
10.         I will avoid sending pre-recorded sales messages to those with whom you do not have a business relationship and to whom you haven't received permission to call.
11.         I understand and have read the PROFITADVISOR™ Terms of Service (Reachable by clicking the "Terms of Service" link at the bottom of the main page.)

ANY BREACH OF THE PREVIOUS TERMS IS CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. PROFITADVISOR™ SAVES (BUT DOES NOT OTHERWISE UTILIZE) ALL DATA FROM YOUR DIALING CAMPAIGNS. PROFITADVISOR™ MAKES AVAILABLE ALL DIALING INFORMATION TO THE FCC, POLICE, AND ANY OTHER U.S. AUTHORITIES, INCLUDING, BUT NOT LIMITED TO, PHONE NUMBERS DIALED, PERSONAL CONTACT INFORMATION, SAN NUMBERS, AND CALL HISTORY.

The Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) do not call list registry rules https://www.donotcall.gov and various State laws place restrictions on certain types of phone calls. Typically a call may be exempt from the TCPA if the call:

•           Is made on behalf of a non-profit organization.
•           Is made to a consumer with whom the calling company has an existing business relationship.
•           Business to business contact.
•           Does not include an unsolicited advertisement, even if the call is made for commercial purpose.
•           Is survey work.
•           Recipient provides proper consent prior to playing the "recorded solicitation". PROFITADVISOR™ has a "permission based introduction" feature that can be used free of charge. This feature allows only those consumers who have provided proper permission to listen to the "recorded solicitation" part of the call. If permission is not granted, then the solicitation is not presented.
PROFITADVISOR™ is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. This information provided is not intended to replace the responsibility of you the subscriber to check out the legal requirements pertaining to your call campaign prior to using PROFITADVISOR™ services. You are ultimately responsible to make your own informed decisions regarding your call campaign.

** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS SITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING PROFITADVISOR™ WITH THE "RESPONSIBLE USE OF SERVICE" TERMS DESCRIBED ABOVE, DO NOT UTILIZE SERVICES PROVIDED BY PROFITADVISOR™.COM. THANK YOU. **.

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