ProfitShip.com: Membership Agreement
Thank you for visiting this website, which is operated by Run A Successful Business, Inc. (“RASB” or “Company”). This Membership Agreement (“Agreement”) is a binding legal contract between you (“Member”) and RASB (“we,” “us” or “our”). This Agreement, along with the Website’s Terms of Service, Privacy Policy, and Social Media Policy (which are all incorporated herein by reference) governs your use of the website www.profitship.com (the “Website”). Please read this Membership Agreement carefully. By using the Website, you accept the terms of this Agreement. We may change the terms of this Agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this Agreement on this Website and will update the “Last Updated” date below to reflect the date such changes take effect. By continuing to use this Website after we post any such changes, you accept this Agreement, as modified. This Agreement is in addition to and does not replace the Consent for Treatment form signed in person at the RASB office.
We reserve the right to deny access to this Website or any portion of this Website to anyone who violates this Agreement.
We invite you to send in your questions or comments about this Website, or to bring to our attention any material you believe to be inaccurate. To do so, please contact us at support@ProfitShip.com
SERVICES
RASB is a subscription-based membership service that provides information, videos, content, and other media and materials to provide financial and accounting education for small business owners and entrepreneurs. Members pay a monthly fee to access such information, videos, content, and other media and materials.
YOUR ACCOUNT
Registration. To obtain access to the services on our Website, you will be required to register with us. Minors under the age of 18 may not register for the Website without the permission and supervision of a responsible legal guardian. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use this Website under the name of, another person. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account. You agree to comply with all applicable local, state, and national laws.
Access and Passwords. As part of the subscription process for this Website, you have selected or been assigned a particular username and password in accordance with RASB’s username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Website using your username and password, at or through the Website will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Website and any services available on it by you or others using your username or password. If you lose your username or password, please contact us at: support@ProfitShip.com .
Consent to Electronic Notices and Other Communications. You agree that all of your transactions relating to the Website may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the Website or via email to any email address that you provide to us during registration as a Website member. If you do not wish to deal with us electronically, you should not use the Website or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email only) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
Billing, Fees, and Payment. Membership to the Website is billed on a monthly basis. There are multiple levels of membership, namely, Skipper, Captain and Admiral with various monthly subscription rates. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Website (including any applicable taxes) at the rates in effect when the charges were incurred.
Your credit card will be processed by RASB in accordance with your selected level of membership and will appear on your statement as a monthly charge by RASB. By clicking “I Accept”, I hereby authorize RASB to charge your designated credit card for the amount indicated. You also authorize the monthly subscription payments indicated on your order form. You are responsible for ensuring that the address and email you provide on the form, is accurate and deliverable. Once payment is successfully processed, you will receive an email, at the address you provided on the form, with your login information for the membership area of the Website.
Your subscription will continue and renew automatically, unless terminated by RASB or until you provide RASB with written notice of your decision to terminate your subscription before the relevant period begins.
Your first monthly membership charge is covered by a 30-day money back guarantee. All other fees and charges are nonrefundable. RASB may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your username and password will be billed to the credit card designated during the registration process for the Website or subsequently designated by you to RASB. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Website using your username and password without your authorization, you may email us at support@ProfitShip.com. You are also responsible for any fees or charges incurred to access the Website through an Internet service provider or other third party service. YOU, AND NOT RASB, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF US. GENERALLY, ACCOUNTS CREATED WITH US WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR ONE HUNDRED EIGHTY (180) DAYS.
Termination of Membership. Membership with this Website is on a month-to-month basis and may be cancelled at any time, by either RASB or you, with a thirty (30)-day written notice. Refunds for fees paid up to the day of termination will not be eligible for a pro-rated refund.
WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SITE, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SITE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THIS AGREEMENT OR OUR POLICIES.
PRIVACY AND INFORMATION DISCLOSURE
We respect the privacy of the users of our Website. Please take a moment to review our Privacy Policy, located at www.ProfitShip.com/Privacy-Policy .
RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SERVICE
Intellectual Property Rights. The Website contains proprietary material of RASB (or material that other suppliers have licensed to RASB for its use) which is protected by copyright and other laws respecting proprietary rights. RASB retains all rights in the material and media, including without limitation, all copyright and other proprietary rights worldwide in all media. You may not use such proprietary material except as expressly permitted under this Agreement, the Website’s Terms of Service, Privacy Policy, Social Media Policy, other applicable policies, and United States copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
Our Limited License to You. The content available through this Website is our property and is protected by copyright, trademark and other intellectual property laws. You are free to use, interact with, display and print for your personal, non-commercial use the content and information you receive through this Website, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the content on this Website in any form (including by email or other electronic means), without prior written permission from the owner, unless such reproduction is through a form of social media (e.g. Facebook, Pinterest, Twitter, and/or Instagram). Of course, you are free to encourage others to access the information themselves from our Website and to tell them how to find it.
Trademarks. We don’t want anyone to be confused as to which content and information is provided by us and which is not. You may not use any trademark or service mark appearing on this Website without the prior written consent of RASB.
USE OF COMMUNICATIONS SERVICES
We may provide certain services on this Website through which you can directly interact with a physical therapist, such as direct messages and message boards (“Communications Services”). Without limiting the terms of our Privacy Policy, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us or other content submitted through this Website. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our Website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this visitor agreement, or to protect the rights, property or safety of visitors to our Website, our customers, the public and our employees.
You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to that particular Communication Service. You are also prohibited from submitting to, posting or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, and/or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, and/or otherwise violate any applicable local, state, national, or international law.
Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, and/or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, and/or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of the Website, the Company or the Company’s affiliates, officers, directors, employees, and/or agents. You acknowledge that RASB does not pre-screen all content, but that RASB and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, RASB and its designees shall have the right to remove any content that violates this Agreement, the Website’s Terms of Service, Privacy Policy, Social Media Policy, and/or other applicable policies, is otherwise objectionable. You specifically agree that RASB is not responsible for any content sent using and/or included on the Website by any third party.
We reserve the right to deny access to any Communications Website to anyone who violates this Agreement. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
The foregoing is intended to be in addition to, and in no way, shape, or form a replacement of the Company’s intellectual property rights as stated in the Website’s Terms of Service, Privacy Policy, and/or other applicable policies.
Viruses. Because of the volume of email and other electronic messages sent by us, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms, nd/or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms, and/or other harmful components.
DISCLAIMERS
No Guarantee of Outcome. Use of the Website and its content, materials, and media is for educational use only and should not be construed as a guarantee of any kind of outcome or result.
No Endorsements. RASB is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers, sponsors, and/or others to whose sites, applications, or mobile applications we link. A link to another website, application, and/or mobile application does not constitute our endorsement of that site, application, or mobile application (nor of any product, service or other material offered on that site, application, or mobile application).
No Warranties. ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY RASB AND ITS AFFILIATES, AGENTS, AND/OR LICENSORS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND RASB AND ITS AFFILIATES, AGENTS, AND/OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RASB DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE WEBSITE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, AND/OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AGENTS AND/OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS, AND/OR LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE WEBSITE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
DISPUTE RESOLUTION
All matters relating to this Agreement, the Website, 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).
INDEMNIFICATION
You agree to indemnify and hold us and all of our respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Website, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.
ASSIGNMENT
You agree not to assign your rights under this Agreement without the consent of an authorized representative of RASB in a non-electronic record, and any assignment without RASB’s consent will be voidable at RASB’s option. This Agreement will inure to the benefit of and bind the parties, as well as their respective successors and permitted assigns.
GOVERNING LAW; JURISDICTION
This Agreement has been made in and shall be construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws rules. By using this Website, you consent to the exclusive jurisdiction of the state and federal courts in Cobb County, Georgia, for all disputes arising out of or relating to this visitor agreement or this Website.
ENTIRE AGREEEMENT; SEVERABILITY; NO WAIVER
This Agreement (including all documents incorporated by reference, including without limitation, our Terms of Service, Privacy Policy, and Social Media Policy) is the entire agreement between you and RASB for its subject matter and supersedes all prior and contemporaneous communications between you and RASB. No term of this Agreement may be waived by you except in a signed, non-electronic writing signed by an authorized representative of RASB.
VALIDITY
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and RASB agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment, and/or agency relationship exists between you and RASB or its affiliates as a result of this Agreement or your use of the Website.
