Terms of Service
By using the Profile Ninja (“Service”), these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the Service. Profile Ninja is a Service developed and provided by STAT Analytics & Technology Inc. (“STAT Analytics”) You’re not allowed to copy, or modify the Service, any part of the Service, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Service, and you also shouldn’t try to translate the Service into other languages, or make derivative versions. The Service itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to STAT Analytics & Technology Inc.
Registration and Consent
By registering to use the Service, you consent to receiving periodic communications related to the operation, licensing and updates we make to Profile Ninja. You can withdraw your consent at any time after you cease using the Service and other services.
General Operation, Use and Updates
STAT Analytics is committed to ensuring that the Service is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Service or to charge for its services, at any time and for any reason. We will never charge you for the Service or its services without making it very clear to you exactly what you’re paying for.
Profile Ninja and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep access to the Service secure.
With respect to STAT Analytic’s responsibility for your use of the Service, when you’re using the Service, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. STAT Analytics & Technology Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the Service.
Changes to These Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
Acceptance of Terms
When you (“You”) use Profile Ninja services, the domain www.ProfileNinja.com and its sub-domains (collectively, the “Service”), You agree to the following terms and conditions (the “Use Agreement”). In order to use our Service, You must be at least 18 years old and able to form legally binding contracts under applicable law. Profile Ninja. (“Profile Ninja” or “We”) may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS SERVICE AGREEMENT AND ALL REVISIONS THEREOF.
Access to the Service
In order to use the Profile Ninja Service, you must register for an account with your email address and a password. You must safeguard the password and email address You use to access our Service. You are responsible for all activities that occur under your account, and You authorize us to assume that any person using the Service with Your email address and password either is You or is authorized to act for You. You agree to immediately notify us of any unauthorized use of your account.
Your Responsibilities For Content & Conduct
You agree to provide accurate and current information when using our Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through our Service. You will not, nor will you permit or assist others to, use our Service for any unlawful purpose or for any purpose other than that for which they are intended. You warrant and represent that you have the legal right to possess, use or view any and all electronic data you transmit utilizing Profile Ninja Service, and that such data does not infringe a third party’s intellectual property rights or rights of publicity or privacy.
You agree not to disrupt the functioning of our Service or act in a way that interferes with other users using our Service. Nor will you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You agree not to access, tamper with or use non-public or non-authorized areas of this web site. Unauthorized individuals attempting to access these areas on the site may be subject to prosecution.
Content, Use, Storage, And Operation of Our Service
We may edit, move, or delete any content in our Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce this Use Agreement, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Profile Ninja, its users, or the public, or (e) administer our Service.
We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.
You may terminate this Service Agreement at any time by contacting customer service or by sending email to email@example.com Please include your full name and the email address you used to register for and access our Service. Profile Ninja will send you an email confirmation once your account has been cancelled.
Profile Ninja reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time. Upon termination of your account for any reason, you will have no right to use our Service and We may delete any data pertaining to your account. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
You agree that We have the right at any time to modify or discontinue our Service, or any portion of our Service, with or without notice and for any reason. You further agree that Profile Ninja will not be liable to You or an third party due to the modification, discontinuance, or temporary suspension of the service.
Intellectual Property and Copyright
All materials on this site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Profile Ninja or owned by other parties who have licensed their intellectual property to Profile Ninja. Profile Ninja, and all other derivations of the “Profile Ninja” mark appearing on this web site are trademarks and/or service marks of Profile Ninja and all other trademarks, service marks, and trade names used on the site are the property of their respective owners.
You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use our Service or Intellectual Property in any way for any public or commercial purpose without prior written consent of Profile Ninja or the rights holder. You may not use the Intellectual Property on any other web site or in a networked computer environment for any purpose except your own personal viewing. If You violate any of these terms, Your permission to use the Intellectual Property will automatically terminate; You must immediately destroy any copies You have made of the Intellectual Property; and We may revoke Your authorization to use our Service.
This web site may contain links to other web sites or resources. You acknowledge and agree that Profile Ninja is not responsible for the content available on any other Internet sites linked from this web site. Profile Ninja is providing these links to other Internet sites as a convenience to users, and access to any other Internets sites linked to this web site is at Your own risk. The inclusion of any link does not imply We recommend or endorse the linked site.
Unsolicited Email Messages
When using our Service for email, You agree that the messages you are sending or testing will be (a) sent to recipients with whom you have an existing business or personal relationship or (b) sent to recipients from whom you have express consent to send such communication. If you use any part of our Service for the purpose of generating unsolicited email, we reserve the right to immediately terminate your access to our Service and to seek appropriate legal recourse as necessary.
You agree to defend, indemnify, and hold harmless Profile Ninja, its officers, directors, employees, contractors, agents and partners, from and against any claims, actions, demands, loss or damages, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of our Service, including without limitation claims against Profile Ninja for unsatisfactory performance of services listed on the web sites governed by this Service Agreement, or Your violation of this Service Agreement.
Limitation of Liability
NEITHER PROFILE NINJA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SERVICE CONTENT) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROFILE NINJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OUR SERVICE AND THE SERVICE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROFILE NINJA’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF OUR SERVICE EXCEED THE AMOUNT PAID BY YOU TO PROFILE NINJA FOR THE SERVICE TO WHICH SUCH LIABILITY IS CLAIMED. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
If Your use of our Service results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.
Disclaimer of Warranties
Your use of our Service is at your sole risk, and You agree to assume all risks and responsibilities for the selection of our Service to achieve Your desired results. Our Service is provided on an “as is” and “as available” basis. Profile Ninja disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Profile Ninja will make reasonable efforts to maintain our Service, however, Profile Ninja is not responsible for any damage, loss of data, customer information, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to our Service, or other interaction with the Service. Profile Ninja makes no warranty that (1) the website will meet Your requirements, (2) our Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of our Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by You through our Service will meet your expectations, and (5) any errors in our Service will be corrected. Any material downloaded or otherwise obtained through our Service is done at your own discretion and risk and You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Profile Ninja or through or from our Service shall create any warranty not expressly stated in this Service Agreement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
You authorize Profile Ninja to send notices to You, at Profile Ninja’s discretion, via electronic mail, postal mail, or by posting them on this web site. It is your responsibility to check for updates to this Service Agreement.
This Service Agreement, including the documents referenced by and incorporated into this document, constitutes the entire agreement between You and Profile Ninja and governs your use of our Service, superseding all prior or contemporaneous agreements, understandings, or representations and, except as expressly provided therein, may not be modified or amended except in writing signed by both Parties. You also may be subject to additional terms that may apply when you use affiliate or other Profile Ninja services, third-party content, or third-party software. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Service Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Service Agreement is personal to You and You may not transfer, assign or delegate this Service Agreement to anyone without the express written permission of Profile Ninja. Any attempt by You to assign, transfer or delegate this Service Agreement without the express written permission of Profile Ninja shall be null and void. This Service Agreement and any registration for or subsequent use of our Service will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any user and Profile Ninja.
This Service Agreement will be governed by the law of Ontario, Canada., without regard to its conflicts of law provisions. Any dispute related to this Service Agreement will be submitted to binding arbitration in the Niagara Region, Ontario, Canada, provided however, that either Party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute You may have with respect to the Service must be commenced within one year after it arises, or the cause of action is barred.
The section titles in this Service Agreement are for convenience only and have no substantive effect.