Profit Mission Control LLC
A state of CA registered LLC
Effective Date: September 14th, 2021
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website https://www.proftimissioncontrol.com (Site) and (Company) Profit Mission Control LLC. By using our Website and the services provided by our Company, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
Profit Mission Control LLC is an information aggregator and analysis service of the equity markets that publishes such information on our Site. The Profit Mission Control LLC service and network, including the web Site at www.profitmissioncontrol.com, and the mobile versions thereof (collectively, the “Site"), are operated by Profit Mission Control LLC and its affiliates (collectively, “us”, “we”, “Profit Mission Control LLC” or the “Company”).
These Terms of Use apply to all users of this Site, whether or not you are a registered member of Profit Mission Control LLC. By using this Site you (“you” or the “User”) are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
Eligibility
The Site is intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of these Terms of Use.
Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide personal information to Profit Mission Control LLC, it will be true, accurate, current, and complete and that you will update all personal information as necessary.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited.
In addition, you are strictly prohibited from (1) recording the contents of any portion of the Site (including without limitation chat rooms, video or audio updates and screensharing sessions) by any means, including by video recording, for any purpose, and (2) disseminating such recordings to any person or entity. You are strictly prohibited from using the content provided to our paid members in any shape or form other than your personal use. You agree that any violation of these provisions will cause Profit Mission Control LLC irreparable harm for which money damages are difficult to calculate. In the event that you violate these provisions, you therefore consent to Profit Mission Control LLC obtaining any injunctive or other equitable relief without the necessity of posting a bond to prevent further violations of this provision. We reserve all rights and remedies available to us.
Ownership of this Site and its Content
This Site, including the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content (defined below) and Feedback (“Content”), are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Profit Mission Control LLC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or through the use of data mining, robots, spiders, or similar data gathering and extraction tools, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Trademarks
The Profit Mission Control LLC name and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Profit Mission Control LLC (the “Profit Mission Control LLC marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Profit Mission Control LLC marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Profit Mission Control LLC marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Eligibility and Registration for Membership
To use our Monthly subscription-based services, you must register with our Site to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Profit Mission Control LLC has sole right and discretion to determine whether to accept a Member, and may reject a Member’s subscription with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Site cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Payments
You represent and warrant that if you are purchasing something from us that:
- you will pay the charges incurred by you at the posted prices, including any applicable taxes
- any payment information you supply is true and complete
- charges incurred by you will be honored by your bank or credit card company
- if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund Policy
All customer purchases at profitmissioncontrol.com are under a no refund policy. Please contact us if you have charge issues with your account. Monthly memberships are cancelled at the start of the following billing cycle. No prorated or partial refunds are issued. To cancel your membership please notify us in writing 10 business days before the next billing cycle.
Profit Mission Control LLC Mobile Services
The Site will include certain services that are available via your mobile phone (“Mobile Services”). Part of our timely information delivery may involve the use of SMS or text messaging. While you do pay us a monthly service fee to receive these alerts, you may incur additional charges based on your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Once Mobile Services are available, you should check with your carrier to find out if the Mobile Services will work with your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Profit Mission Control LLC account information to ensure that your messages are not sent to the person that acquires your old number.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit Users from posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Profit Mission Control LLC at
staff@profitmissioncontrol.com
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Any notice under the DMCA must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Investment and Trading Risk
Profit Mission Control LLC is a service that aggregates trading data and research into a Site. None of Profit Mission Control LLC officers or any of its employees, contractors, or shareholders or affiliates are an investment advisory service or a registered investment advisor or broker-dealer and do not purport to recommend or suggest which securities customers should buy or sell for themselves. We shall have no liability for investment or other decisions based upon any Content and/or decisions based upon a contrarian view of any Content. We specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.
Profit Mission Control LLC engages in general trading information aggregation and analysis. This website is for general educational and informational purposes only and has not been prepared for any other purpose and is not based on any specific investment objectives. The indicators, strategies, alerts, launch lists, intraday alerts and all other features of the Company’s products (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on Company’s website are for educational purposes only, and the portfolio results are hypothetical and does not represent actual trading in all cases. Accordingly, you should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment. None of Profit Mission Control LLC or any of its employees, contractors, or shareholders are related to or make any guarantees or warranties regarding or for our affiliates. If you choose to do business with an affiliate of Profit Mission Control LLC you recognize the risk(s) in doing so and are fully aware that none of Profit Mission Control LLC or any of its employees, contractors, or shareholders can be held liable for potential losses or negligence of others. You hereby agree that you are solely responsible for addressing such risks.
Profit Mission Control LLC shall not accept any liability with respect to the accuracy or completeness of any Information herein, or omitted to be included herein, or any Information provided, or omitted to be provided, by any third party. All Information is subject to change without notice. The Information may include forward-looking statements which are based on our current opinions, expectations and projections. We undertake no obligation to update or revise any forward-looking statements. Actual results could differ materially from those anticipated in the forward-looking statements.
It should NOT be assumed that the strategies, methods, techniques, alerts or indicators presented on or in connection with the Site will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by the Company are not indicative of future returns by that trader or system, and are not indicative of future returns that may be realized by you. Individual trading results will vary. Performance depends on each trader’s own skills, time commitment and effort.
U.S. Government Required Disclaimer
Commodity and Futures Trading, Options Trading, Day Trading have large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the stock/options markets. Please note that 90% of traders fail and lose their entire capital. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to buy or sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed via this website, and media referenced. The past performance of any trading system or methodology is not necessarily indicative of future results.
DISCLAIMERS
We make no representations or warranties with respect to this site or its content, or any product or service available on or promoted through this site. This site and all of its content (including user-generated content) are provided on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, Profit Mission Control LLC, its affiliates, and their service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this site, its content, and any products or services available or promoted through this site. Without limiting the generality of the foregoing, Profit Mission Control LLC, its affiliates, and their service providers and licensors disclaim all representations and warranties (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) relating to the security of this site; (c) that the content of this site is accurate, complete or current; or (d) that this site will operate securely or without interruption or error.
We do not represent or warrant that this site, its servers, or any transmissions sent from us or through this site will be free of any harmful components (including viruses). Therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, data or other material from or through the site at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
Profit Mission Control LLC does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Profit Mission Control LLC spokespersons. We do not endorse and are not responsible for any statements, advice or opinions contained in user-generated content and such statements, advice and opinions do not in any way reflect the statements, advice and opinions of Profit Mission Control LLC. We do not make any representations or warranties against the possibility of deletion, incorrect or missing delivery or failure to store communications, personalized settings, or other data. You accept that our owners, officers, directors, employees and other representatives shall have the benefit of this clause.
Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws we, on behalf of our owners, directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or costs of any type arising out of or in any way connected with your use of the services of any brokerage company; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
LINKS TO THIRD-PARTY WEBSITES
This Site may provide links to other websites operated by third parties that are completely independent of Profit Mission Control LLC. Because we have no control over third-party websites, we make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site, and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Profit Mission Control LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
AFFILIATES DISCLAIMER
Our Website may contain links to affiliate websites. When and if you click on an affiliate link and make a purchase through that link, we will receive commission for any purchases made by you on the affiliate website using such links. Your purchase through our affiliate links does not cost you anything extra other than what you’re already paying for the product or service.
Whenever we include an affiliate link on a page or post, we will let you know in advance so that you are aware that if you choose to click on the link and make a purchase, then we will receive a commission from that purchase.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Profit Mission Control LLC of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
Governing Law, Jurisdiction and Venue
These Terms of Use will be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.
Indemnity
You agree to indemnify and hold Profit Mission Control LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
These Terms of Use May Change
These Terms of Use are current as of the effective date first set forth above. Profit Mission Control LLC reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
Entire Agreement
These Terms of Use (together with our Privacy Policy, Cookie Policy and any Privacy Notices or and any click-through agreements applicable to you) contain the entire understanding and agreement between you and Profit Mission Control LLC with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Profit Mission Control LLC with respect to this Site and your use of this Site.