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.

  1. 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.

  • 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.

  1. 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 http://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.

  1. 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.

 

  1. 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.

  • 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 (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • For the purpose of exploiting, harming, and/or attempting to exploit and/or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use, and/or re-use any material which does not comply with these Terms of Service;
  • To transmit or procure the transmitting and/or sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user and/or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and
  • 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.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, and/or impair the site or interfere with any other party’s use of the Website, including without limitation, that party’s ability to engage in real-time activities through the Website;
  • Use any robot, spider, and/or other automatic device, process, and/or means to access the Website for any purpose, including monitoring and/or copying any of the material on the Website;
  • Use any manual process to monitor and/or copy any of the material on the Website and/or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, and/or routine that interferes with the proper working of the Website;
  • Introduce any viruses, trojan horses, worms, logic bombs, and/or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, and/or disrupt any parts of the Website, the server on which the Website is stored, and/or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and/or
  • Otherwise attempt to interfere with the proper working of the Website.
  • User Contributions.

The Website may contain message boards, personal profiles, bulletin boards, and/or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, and/or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.  All User Contributions must comply with the standards set out in these Terms of Service.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and/or otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns; and
  • All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

  1. Monitoring and Enforcement; Termination.

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service (including the Content Standards), infringes any intellectual property right and/or other right of any person or entity, threatens the personal safety of users of the Website or the public, and/or could create liability for the Company;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including without limitation, that party’s intellectual property and/or privacy rights;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
  • Terminate or suspend your access to all or part of the Website for any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, and/or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Content Standards.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and/or international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, and/or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, and/or discrimination based on race, sex, religion, nationality, disability, sexual orientation, and/or age;
  • Infringe any patent, trademark, trade secret, copyright, and/or other intellectual property or other rights of any other person;
  • Violate the legal rights (including without limitation, the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy, accessible at http://www.ProfitShip.com/Privacy-Policy .
  • Be likely to deceive any person;
  • Promote any illegal activity and/or advocate, promote, and/or assist any unlawful act;
  • Cause annoyance, inconvenience, and/or needless anxiety and/or be likely to upset, embarrass, alarm, and/or annoy any other person;
  • Impersonate any person and/or misrepresent your identity and/or affiliation with any person and/or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes, and/or other sales promotions, barter, and/or advertising; and/or
  • Give the impression that you are endorsed, affiliated, and/or supported by us or any other person or entity, if this is not the case.
  1. Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  • Changes to the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  • Information About You and Your Visits to the Website.

All information we collect on this Website is subject to our Privacy Policy, accessible at http://www.ProfitShip.com/Privacy-Policy . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  • Online Purchases and Other Terms and Conditions.

All purchases through our site or other transactions for the sale of goods, services or information formed through the Website or as a result of visits made by you are governed by these Terms of Service, the Company’s Privacy Policy, Social Media Policy, Membership Agreement, and any other terms and conditions as applicable.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

  1. Linking to the Website and Social Media Features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation and/or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, and/or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website; and/or
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Cause the Website or portions of it to be displayed and/or appear to be displayed by (for example, framing, deep linking, and/or in-line linking) on any other site;
  • Link to any part of the Website other than the homepage; and/or
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

  • Links from the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  • 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.

  • 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. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, AND/OR ANY SERVICES AND/OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, AND/OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND/OR THAT THE WEBSITE AND/OR ANY SERVICES AND/OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS AND/OR EXPECTATIONS.

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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED AND/OR LIMITED UNDER APPLICABLE LAW.

 

  • 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, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN, AND/OR SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS AND/OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND/OR WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, AND/OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED AND/OR LIMITED UNDER APPLICABLE LAW.

  1. 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, including without limitation, your User Contributions, any use of the Website’s content, services, and/or products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

  • 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.

  • Arbitration.

All matters relating to these Terms of Service, the Membership 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).

Any legal suit, action, and/or proceeding arising out of and/or related to these Terms of Service, the Membership Agreement, 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, the Membership Agreement, and/or the Website in your county or state of residence and/or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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.

  • 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.

  • 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.

  • 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.