Additional Terms – Credit Meetings

PLEASE READ THESE ADDITIONAL TERMS CAREFULLY BECAUSE THEY CONTAIN THE TERMS AND CONDITIONS THAT GOVERN YOUR PARTICIPATION IN CREDIT MEETINGS CONDUCTED BY PRO-FILESPLUS, INC. AND ARE PART OF THE LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.

BY PARTICIPATING IN CREDIT MEETINGS, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO, SHALL ABIDE BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THESE ADDITIONAL TERMS.

Any terms not defined in these Additional Terms have the meanings set forth in our Terms of Use. These Additional Terms do not supersede the Terms of Use, but supplement them, specifically in regards to your participation in Credit Meetings (defined below). Any conflict between these Additional Terms and the Terms of Use as they relate to your participation in Credit Meetings shall be determined in favor of these Additional Terms.  However, any conflict between these Additional Terms and the Terms of Use in regards to your use or access of any other Services via our Website shall be determined in favor of the Terms of Use.

1.  CREDIT MEETINGS – PARTICIPATION AND PAYMENT

A “Credit Meeting” is a scheduled event conducted and monitored by Pro-filesPlus in which attendees are given the opportunity to assemble in a formal meeting environment to exchange sensitive, confidential credit information about current and potential customers.  You will be required to pay a fee associated with your attendance and participation at the time you sign up for a particular Credit Meeting via our Website.  You will also have the option to include Authorized Users to bring as your guests when you sign up for a Credit Meeting, and will be charged a Fee according to the total number of attendees you indicate will attend.  A list of applicable fees relating to participation in Credit Meetings is available for your review at www.Pro-filesPlus.com/Pricing.html, which may be modified at anytime, and from time to time, at our sole discretion. Upon our receipt of your submission to attend a Credit Meeting, we will send an email to you and your guests (if any) to confirm your attendance. Once the fee for your participation in a Credit Meeting is charged to your Account, it will not be refunded for any reason, including failure by you or any of your guests to attend such Credit Meeting.

Upon signing up to attend a Credit Meeting, you will have access to view the agenda for such Credit Meeting, as well as the ability to revisit the agenda to update and/or modify its contents with Credit Information or any other information that you wish to discuss during the Credit Meeting.  Please note that only the Member who signs up and is billed for a Credit Meeting will have access to modify the related agenda (i.e., Authorized Users brought as guests will not have access to update the agenda).  All agendas will be available for review and modification only until the scheduled date of the associated Credit Meeting.

Pro-filesPlus reserves the right to cancel, postpone or reschedule any Credit Meeting as a result of inclement weather, low prospective attendance, or for any other reason at its sole discretion.  In the event a Credit Meeting is cancelled by Pro-filesPlus, refunds and/or credits will be issues to Members who pre-paid for their attendance at such Credit Meeting, at Pro-filesPlus’ sole discretion. 

2.  CREDIT MEETING REPORTS

Upon completion of a Credit Meeting, Pro-filesPlus will generate a Credit Meeting Report.  Members who attend a Credit Meeting will be able to obtain the associated Credit Meeting Report free of charge via our Website.  Members with Premium membership who have not attended a Credit Meeting, but wish to have access to the associated Credit Meeting Report, will be able to purchase the Credit Meeting Report via our Website.  Credit Meeting Reports shall include the updated/finalized agenda for the related Credit Meeting, as well as all attendees’ names, phone numbers, email addresses, and any other information or documentation we record and/or aggregate during and after such Credit Meeting (including all relevant information submitted by Credit Meeting attendees).

3. CONFIDENTIALITY AND NON-DISCLOSURE

During the Credit Meetings, you will receive, and have the opportunity to disclose, highly sensitive, confidential credit information.  As a condition of your participation in Credit Meetings, you agree that you will treat and protect any credit information that you receive during the Credit Meetings with at least the same degree of care you use to treat and protect your own confidential information, and shall prevent any unauthorized use, disclosure and/or distribution of such confidential information to any third party.  For the avoidance of doubt, all information received and disclosed during the Credit Meetings, as well as the contents of the corresponding Credit Meeting Reports, shall be considered confidential.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE MAY INCORPORATE AND AGGREGATE ANY AND ALL INFORMATION PROVIDED BY YOU RESULTING FROM THE CREDIT MEETINGS INTO OUR OFF-LINE, INTERNAL DATABASES AND EXPLOIT SUCH CONFIDENTIAL INFORMATION IN FURTHERANCE OF PROVIDING THE SERVICES.

4.  DISCLAIMER OF WARRANTY

THE CREDIT MEETINGS AND CREDIT MEETING REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS AND ARE MADE AVAILABLE AND CONDUCTED WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AND WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED.  YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY CREDIT MEETING REPORTS OR OTHER INFORMATION PROVIDED AND/OR DISCLOSED TO YOU DURING OR RELATED TO THE CREDIT MEETINGS.  ADDITIONALLY, YOU ACKNOWLEDGE THAT PRO-FILESPLUS IS MERELY ACTING AS A MODERATOR AND ORGANIZER OF THE CREDIT MEETINGS IN ORDER TO FACILITATE THE EXCHANGE OF CREDIT INFORMATION AMONG AND BETWEEN MEMBERS, AND DOES NOT GUARANTEE RESULTS FROM OR THE SATISFACTION OF MEMBERS ATTENDING THE CREDIT MEETINGS OR ANY CREDIT MEETING REPORTS.

5.  LIMITATION OF LIABILITY

WE ARE NOT LIABLE FOR ANY INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF THE CREDIT MEETING REPORTS, THE CREDIT MEETINGS OR THE INFORMATION PROVIDED AND/OR DISCLOSED TO YOU DURING OR RELATED TO THE CREDIT MEETINGS.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER ASSOCIATED WITH OR ARISING FROM OR THROUGH THE CREDIT MEETINGS AND/OR THE CREDIT MEETING REPORTS REGARDLESS OF THE FORM OF THE ACTION, THE LEGAL THEORY OR THE BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND EQUITY IN SUCH SITUATION, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED THE LESSER OF: (I) THE AMOUNTS PAID BY YOU FOR YOUR PARTICIPATION IN THE CREDIT MEETING WHICH GAVE RISE TO SUCH CLAIM OR (II) $100.00. 

For ease of reference our Terms of Use can be reached at any time at www.Pro-filesPlus.com/TermsOfUse.html; and our Privacy Policy can be reached at any time at www.Pro-filesPlus.com/PrivacyPolicy.html  .