TLC Media LLC provides its web site, Profitly, located at http://profit.ly/ (together with all other websites and services operated by or on behalf of TLC, the "Site"), to you, an individual user ("you") for your individual usage subject to compliance with the terms and conditions set forth herein. TLC Media LLC, its officers, directors, members, employees, subsidiaries, parents, affiliates, agents and partners (collectively, “TLC", “our,” "we," or "us").
We may, at any time, revise the TOU by updating this posting, change the Site, including the addition or discontinuance of any content or features, and impose fees, charges or other conditions for use of the Site or portions thereof (reasonable notice will be provided for imposition of fees). Your continued use of our Site indicates your acceptance of all revisions and you should, therefore, periodically visit this page to review these policies for changes.
You affirm that you are over the age of 18, as the Site is not intended for children under 18. We do not knowingly collect personally identifiable information from children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, TLC will cancel that user's account.
No Recommendations or Advice Provided – Contact Your Own Investment, Tax or Legal Advisor
TLC does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, the potential value of any investment or informational source visible on the Site. TLC in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned in any communication or on its Site. Each user, including you, bears responsibility for his/her own investment research and decisions, should seek the advice of a qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and investigate and fully understand any and all risks before investing.
Information Sharing and Disclosure
Compliance with Laws and Law Enforcement
TLC 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 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.
Intellectual Property, Hyperlinks & Links to Other Websites
The Site and content, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party Apps, and any other content on the Site (collectively, "Content") and the trademarks, service marks and logos contained therein are the property of TLC and /or its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site solely for personal and non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights in any other party’s intellectual property or by using the Site. TLC or its third-party licensors, as applicable, reserve all rights not expressly granted in and to the Site.
Our Site contains links to third party websites for convenience including, but not limited to certain brokerage companies and investment newsletters. The fact that we link to such a website is not an endorsement, authorization or representation of our affiliation with that third party including but not limited to any services or products they offer. 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.
Overview of Posting Content; Monitoring Content
The Site permits the submission of Content by users of the Site, including without limitation comments, articles, links, items in our Chat sections (“User Submissions”), and your posting reflects your permission that TLC may host, share and publish such User Submissions on the Site. TLC has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site or any Content transmitted by you through any method made available by TLC at any time and for any reason.
TLC is not responsible or liable in any manner for any Content posted on the Site or offered through its subscription service, whether posted or caused by users, by TLC, by third parties or by any of the equipment or programming associated with or utilized by TLC. 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 Site or as a result of services we offer and are not responsible for any inaccurate, offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter. TLC is not responsible for the conduct, whether online or offline, of any user.
User Responsibilities and Conduct
You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit any Content to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission from TLC. Modification of the Content or use of the Content other than your own personal, noncommercial use is a violation of our Intellectual Property Rights and can subject you to legal liability.
In addition, in connection with your use of the Site and its services you agree not to:
• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
• Use the Site for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Share Content available through your paid subscription or service.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• "Frame" or "mirror" any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", "scrape", "harvest" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about visitors to the Site without their express consent;
• Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site;
• Transmit any Content which contains software viruses, or other harmful computer code, files or programs;
• Infringe any party’s intellectual property rights,
• Threaten any of our users in any way;
• Incite hatred or promote materials that violate our users’ civil rights;
• Include profanity, vulgarity, or pornography;
• Publish any other user’s personally identifiable information (e.g. credit card numbers, social security numbers, driver’s license);
• Impersonate any other user or person in a manner intended to mislead or confuse other users or engage in inappropriate, unethical or misleading behavior;
• Engage or promote illegal activities;
• Send spam or transmit any malware or viruses; and
• Solicit or advertise on the Site or add abusive and non-related linking to your own site;
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein. In order to access some of the services of the Site, you will have to create an account. By creating this account you agree to: • Maintain a single account;
• Provide accurate and complete information;
• Never share your account user name or password or knowingly provide or authorize access to your account (including without limitation any subscription or other service offerings made available by TLC);
• Never use another user's account without permission;
• Be solely responsible for the activity that occurs on your account, and you must keep your account password secure; and
• Notify us immediately of any breach of security or unauthorized use of your account.
TLC encourages free speech, debate and sharing among its users. However, TLC is opposed to language and acts that appear as mudslinging. At our discretion, we may delete any Content and block/delete accounts of users we believe detract and distract our users from our mission.
Moderating decisions are subjective, and we strive to make them carefully and consistently. Due to the volume of content, we may not review moderation decisions with users.
To promote transparency, users to any of our subscriptions services, 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. 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.
When you purchase a subscription to any of our services (e.g. guru newsletters) by means of electronic ordering or through a written order form (collectively, an “Order”), TLC will provide, and you will pay for, the service, and any other fees specified in an Order. You acknowledge that the fees for the service have been communicated to you and that you are aware of all applicable charges. You agree that your license to any service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by TLC regarding future functionality or features.
TLC will charge the subscription fee and any other additional fees you authorize to the credit card provided by you, or an invoice if pre-approved by TLC, at the time of your Order.
Credit Card Authorization
By authorizing TLC to charge a credit card for the fees associated with your subscription(s), you are authorizing TLC to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs TLC of the new replacement card account) for all fees or charges associated with your subscription to the Service including any renewal fees as described below. TLC may elect to interrupt your access for fees that reach three (3) days past due.
Automatic Renewal of Subscription
When you subscribe for any service (e.g. a subscription) your service will be set to automatically renew upon its expiration. This means that unless you cancel your service at least prior to its expiration, your account will automatically renew for the same term. At the time of renewal, we will charge your credit card, or invoice you, the then-current fees to renew the service.
Credit Card Disputes
We ask that you resolve all issues with us prior to disputing charges with your credit card company. If you choose to dispute a charge, you will lose access to any remaining subscriptions and forfeit the remainder of those.
TLC 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 while it is being transmitted to us. We work hard to ensure that our Site is secure and that meet general 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 these TOU. 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.
Changes in Price
TLC may, at any time, change the price of any service, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
You agree that if there are problems or questions regarding the service that you will contact TLC for assistance and not dispute any charges from TLC unless you terminate for breach as provided in this Agreement. You agree to inform TLC of any credit card information changes, including expiration date. You represent and warrant that you are legally authorized to purchase any service and abide by these TOU including use of the credit associated with the account.
Because members immediately benefit from the knowledge of the statistics, analytics or from the gurus highlighted on our Site, 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. Your obligations with respect to fulfilment of any service survive these TOU and your use of the Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, SERVICES INCLUDED OR OBTAINED ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TLC EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
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.
TLC AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF TLC OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Limitation of Liability
TLC MEDIA LLC NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANYACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH TLC INCLUDING, BUT NOT LIMITED TO LOST REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES EVEN IF TLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO TLC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; (c) your violation of the rights of any third party, (d) any claim that one of your User Submissions caused damage to a third party, or (e) any claim or demand by a third party arising out of your use of any third party website. This defense and indemnification obligation will survive these TOU and your use of the Site.
Term and Termination
These TOU commence on your first use of our Site and continue until you cease to use our Site or your subscription, if any, expires or has been terminated, whichever is later. You may cancel renewal of any service (e.g. a subscription) for any reason, however (i) there are no pro-rated periods and (ii) any fees paid by you prior to your termination are nonrefundable, including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges. You understand and agree that TLC may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property. In addition, TLC reserves the right to cancel your Subscription at any time. If we cancel your Subscription due to a breach of the TOU you will not be eligible for any refund.
TLC 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.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site's content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU, together with all TLC policies referred to herein, constitutes the entire agreement between you and TLC relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.
The laws of the State of Florida, without reference to conflict of law rules, govern the TOU and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, any controversy between the parties arising out of the TOU shall be submitted to the American Arbitration Association for arbitration in Miami, Florida. The costs of the arbitration, including any American Arbitration Association administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The rules for civil procedures in Florida shall apply. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third party’s intellectual property or other proprietary rights. You and TLC agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Miami-Dade County, Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
TLC Media LLC
80 S.W. 8th Street Suite 2000
Miami, Florida 33130 United States
Updated January 5, 2015
TLC Media is co-owned by Timothy Sykes who is also owner of PennyStocking Silver, TIMChallenge, TIMalerts and Small Cap Millionaire newsletters and he shows his trades and those of his students openly.