Limitation of Liability and Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: THE CONTENT, PRODUCTS, TOOLS, SERVICES AND PROPERTIES INCLUDED ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TLC MEDIA LLC AND ITS SUBSIDIARIES, DIRECT AND INDIRECT PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITH RESPECT TO OUR CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES, YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR PRODUCTS, TOOLS, PROPERTIES AND SERVICES AND THE ACCURACY OR COMPLETENESS OF OUR CONTENT. TLC MEDIA LLC AND ITS SUBSIDIARIES, DIRECT AND INDIRECT PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE CONTENT, PRODUCTS, TOOLS, PROPERTIES OR SERVICES PROVIDED ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) ANY CONTENT, PRODUCTS, SERVICES, TOOLS OR PROPERTIES PROVIDED ON THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE CONTENT ON WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE 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 US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TLC MEDIA LLC AND ITS SUBSIDIARIES, DIRECT AND INDIRECT PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 TLC MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR WEBSITE AND ITS CONTENT, PRODUCTS, TOOLS, PROPERTIES AND SERVICES,(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OUR WEBSITE; OR (v) ANY OTHER MATTER RELATING TO OUR WEBSITE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

NONE OF TLC MEDIA LLC., ITS OWNERS (EXPRESSLY INCLUDING BUT NOT LIMITED TO TIMOTHY SYKES), OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED HEREIN IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE. "TLC MEDIA LLC IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. PROFIT.LY EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED IN THE WEBSITE IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. THE INFORMATION ON THE WEBSITE SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING SECURITIES OR OTHER INVESTMENTS. YOU HEREBY UNDERSTAND AND AGREE THAT PROFIT.LY DOES NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND THAT YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED HEREIN. "THIS REPORT IS NOT INTENDED AS A PROMOTION OF ANY PARTICULAR PRODUCTS OR INVESTMENTS AND NEITHER TLC MEDIA LLC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, IN ANY WAY RECOMMENDS OR ENDORSES ANY COMPANY, PRODUCT, INVESTMENT OR OPPORTUNITY WHICH MAY BE DISCUSSED HEREIN. THE EDUCATION AND INFORMATION PRESENTED HEREINEN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR. YOUR USE OF THE INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TLC MEDIA LLC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. TLC MEDIA LLC DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. TLC MEDIA LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED HEREIN. TLC MEDIA LLC MAY DERIVE FEES OR OTHER COMPENSATION AS A RESULT OF PURCHASES FROM SERVICE PROVIDERS OR VENDORS REFERENCED IN THIS MATERIAL. TLC MEDIA LLC WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TLC MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE ELEVATION GROUP TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO TLC MEDIA LLC FOR THE INFORMATION, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. UNDER NO CIRCUMSTANCES WILL TLC MEDIA LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE INFORMATION CONTAINED HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED HEREIN. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. TIMOTHY SYKES, A SPOKESPERSON OF TLC MEDIA LLC, COMMUNICATES CONTENT AND EDITORIALS ON THIS SITE. STATEMENTS REGARDING HIS, OR OTHER CONTRIBUTORS' "COMMITMENT" TO SHARE THEIR PERSONAL INVESTING STRATEGIES SHOULD NOT BE CONSTRUED OR INTERPRETED TO REQUIRE THE DISCLOSURE OF INVESTMENTS AND STRATEGIES THAT ARE PERSONAL IN NATURE, PART OF THEIR ESTATE OR TAX PLANNING OR IMMATERIAL TO THE SCOPE AND NATURE OF TLC MEDIA LLC EDUCATIONAL PHILOSOPHY.

Security

TLC Media LLC aka Profitly uses Secure Socket Layer (SSL) encryption technology in order to provide a secure environment for all transactions and to protect certain information that you submit from loss, misuse and alteration while under our control. This type of technology also protects you from having your information intercepted by anyone other than TLC Media LLC aka Profitly while it is being transmitted to us. We work hard to ensure that our Web sites are secure and that they meet industry standards. We also use other safeguards such as firewalls, authentication systems (e.g., passwords and personal identification numbers), and access control mechanisms to control unauthorized access to systems and data. We maintain physical, electronic and procedural safeguards to maintain the confidentiality of your information.

To preserve privacy and confidentiality, your login information is transmitted in an encrypted format through a multi-factor authentication process. If you circumvent such authentication and/or log-in process in any manner, you agree that you are liable for any and all subsequent security breaches involving your account(s). We try very hard to protect our users' information. If you have any questions about the security at our website, please contact us. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that information that we collect will never be disclosed in a manner that is inconsistent with this disclaimer. You hereby acknowledge that we are not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Information Sharing and Disclosure

We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

Compliance with Laws and Law Enforcement

TLC Media cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of TLC Media LLC aka Profitly or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Business Transfers

TLC Media LLC aka Profitly may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Hyperlinks & Links to Other Websites

Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Your use of the hyperlinks on this website to other Internet sites is at your own risk. We are not responsible for third party sites hyperlinked from this website, nor do we make any endorsements or warranties, express or implied, with respect to the content of third party websites or the products or services offered on any third party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose. We do not warrant or represent that any third party site or the content thereon, is devoid of viruses or other contamination. We do not guarantee the authenticity of documents available on the Internet. We reserve the right to terminate any link at any time.

You agree to hold harmless and indemnify TLC Media LLC aka Profitly, its direct and indirect parent companies, affiliates, subsidiaries, directors, officers, agents, shareholders, partners and licensors from any claim or demand by you or a third party arising out of the use of this site and its content.

Our Policy Towards Children

The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us info@profit.ly. We do not knowingly collect personally identifiable information from children under 18. If we become aware that a child under 18 has provided us with personal identifiable Information, we will delete such information from our files.

The Company, its affiliates, and partners are not responsible or liable in any manner for any Content posted on the Service, whether posted or caused by Users, by TLC Media LLC aka Profitly, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Service and are not responsible for any inaccurate, offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on the Service. The Company, its affiliates and partners are not responsible for the conduct, whether online or offline, of any User.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service or any posted on or through the Service or transmitted to or by Users, or any interactions between Users, whether online or offline.

The Service may provide information from or links to certain brokerage companies and investment newsletters for your convenience only. TLC Media LLC aka Profitly is not a registered broker-dealer or registered as an investment adviser. No information herein is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund. Past Performance is not indicative of future returns, individual success may vary and the risk of financial market transactions is great. You should never trade or invest with money you cannot afford to lose in its entirety as the financial markets are very speculative in nature.

TLC Media LLC aka Profitly cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The reader bears responsibility for his/her own investment research and decisions, should seek the advice of a qualified securities professional before making any investment, and investigate and fully understand any and all risks before investing.

TLC Media LLC aka Profitly in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned in his communications or websites. In addition, TLC Media LLC aka Profitly accepts no liability whatsoever for any direct or consequential loss arising from any use of his information and his positions in any investments may change at any time. This information is not intended to be used as the basis of any investment decision, nor should it be construed as advice designed to meet the investment needs of any particular investor.

Changes To Policy

We may, at any time, revise these policies by updating this posting. Your continued use of this Site indicates your acceptance of all revisions and you should, therefore, periodically visit this page to review these policies for changes.

Transparency

To promote full transparency, those users who own or are affiliated with free or premium financial newsletters, are required to verify their trades via our broker connect or show screen shots of trades or we will remove their trades and user profiles. These newsletter users must also provide trade details without abusive and non-related linking to their own sites. We reserve the right to remove all content from users who do not abide by our site terms and our terms may change at any time.

Refunds

Because members immediately benefit from the knowledge of the stats, analytics or from the gurus, we do not give refunds. You should recognize that investing and trading is a marathon, not a sprint so every last piece of information that can help you learn along the way and give you "an edge" over your competitors is worth investing in, especially when that information costs less per month than a night out of dinner and drinks aka invest in your education!

Our Rights

We reserve the right to delete or suspend any user at any time without advance notice and at our discretion.

Updated November 30th, 2012

TLC Media LLC
80 S.W. 8th Street Suite 2000
Miami, Florida 33130 United States
(203) 980-1361

TLC Media is co-owned by Timothy Sykes who is also owner of PennyStocking Silver, TIMChallenge and TIMalerts newsletters and he shows his trades and those of his students openly.