Terms of Service

ProfitShip.com: Website Terms of Service

1. Acceptance of the Terms of Service.

These terms of use are entered into by and between You and Run A Successful Business, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of www.profitship.com (the "Website"), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read these Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.ProfitShip.com/PrivacyPolicy and incorporated herein by reference. If you do not want to agree to these Terms of Service or our Privacy Policy, you must not access or use the Website.

2. Legal Age.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are under the legal contracting age in your State, you are required to obtain the consent of a parent or guardian before engaging Company's services.

3. Changes to the Terms of Service.

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

4. Accessing the Website and Account Security.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered and paid members only.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website; and
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, available at www.ProfitShip.com/Privacy-Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

5. Intellectual Property Rights.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, and/or transmit any of the material on our Website, except specifically as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes;
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

You are not authorized to:

  • Modify copies of any materials from this site; and/or
  • Delete or alter any copyright, trademark, or other proprietary rights notices or watermarks from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website and/or any services or materials available through the Website.

If you print, copy, modify, download, and/or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, and/or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and/or other laws.

You acknowledge that the information provided on and through the Website is highly proprietary in nature and that unauthorized copying, transfer, and/or use may cause the Company irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Company's intellectual property rights by you, or any subscriber or end user, may be enforced by us by means of equitable relief (including without limitation, injunctive relief) in addition to any other available rights and remedies.

6. Trademarks.

The Company's name, Company's logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company and/or its affiliates and/or licensors. You are not authorized to use such marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, and/or international law or regulation;
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

8. Geographic Restrictions.

The owner of the Website is based in the State of Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

9. Disclaimer of Warranties.

You understand that we cannot and do not guarantee and/or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, AND/OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND/OR ANY SERVICES AND/OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND/OR ANY SERVICES AND/OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AND/OR AVAILABILITY OF THE WEBSITE.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND/OR FITNESS FOR PARTICULAR PURPOSE.

10. Limitation on Liability.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AND/OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, AND/OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, AND/OR SUCH OTHER WEBSITES AND/OR ANY SERVICES AND/OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

11. Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and/or service providers, and/or its and/or their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and/or assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and/or fees (including reasonable attorneys' fees) arising out of and/or relating to your violation of these Terms of Service or your use of the Website.

12. Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Service and/or any dispute or claim arising therefrom and/or related thereto (in each case, including without limitation, non-contractual disputes and/or claims), shall be governed by and/or construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice and/or conflict of law provision and/or rule (whether of the State of Georgia and/or any other jurisdiction).

Any legal suit, action, and/or proceeding arising out of and/or related to these Terms of Service and/or the Website shall be instituted exclusively in the federal courts of the United States and/or the courts of the State of Georgia in each case located in the City of Kennesaw and Cobb County, although we retain the right to bring any suit, action, and/or proceeding against you for breach of these Terms of Service in your country of residence and/or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Arbitration.

Notwithstanding the foregoing, the Company may, at its sole discretion, require you to submit any disputes arising from these Terms of Service, the Membership Agreement, and/or use of the Website, including without limitation, disputes arising from and/or concerning their interpretation, violation, invalidity, non-performance, and/or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law.

14. Waiver and Severability.

No waiver of by the Company of any term and/or condition set forth in these Terms of Service shall be deemed a further and/or continuing waiver of such term and/or condition and/or a waiver of any other term and/or condition, and/or any failure of the Company to assert a right and/or provision under these Terms of Service shall not constitute a waiver of such right and/or provision. If any provision of these Terms of Service is held by a court and/or other tribunal of competent jurisdiction to be invalid, illegal, and/or unenforceable for any reason, such provision shall be eliminated and/or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

15. Entire Agreement.

The Terms of Service and our Privacy Policy, along with our Social Media Policy and your Membership Agreement with us, constitutes the entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and/or warranties, whether written and oral, with respect to the Website.

16. Your Comments and Concerns.

Any feedback, comments, requests for technical support, and/or other communications relating to the Website should be sent to the Company via email to Support@ProfitShip.com.

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