Terms and Conditions
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By clicking the “Accept” button at checkout or by accessing or using any of our Services, Sites or Applications, or authorizing or permitting any Agent or End-User to access or use the Service, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If You are entering into these Terms on behalf of a company, organization, company or another legal entity (an “Entity”), You are agreeing to these Terms and Conditions for that Entity and representing to Profit Solver that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “User”, “You”, “Your”, “Customer”, or related capitalized terms herein shall refer to such Entity and its affiliates. If You do not have such authority, You must not accept these Terms and may not use the Service, Site or Applications provided by Profit Solver LLC
You may use the agreed Services, Sites, and/or Applications only in accordance with this Agreement. You may not reverse engineer, decompile, disassemble, or work around technical limitations.
This agreement shall commence on the Effective Date (The Date on which an agreement is received by Profit Solver LLC) and remains in effect for the duration of your use of Profit Solver LLC Services. In the event of a subscription agreement, these Terms & Conditions will remain in effect until the expiration, termination, or renewal of your Subscription.
Profit Solver LLC will not be liable for indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information. Profit Solver LLC is not liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services.
Prices are as set forth on our order form or otherwise as published from time to time. Prices are exclusive of all taxes and duties of any kind, all of which you must pay.
Payments and Invoicing
You agree to pay all applicable, undisputed fees for the Services on the terms set forth on the invoice.
Payment: Unless otherwise agreed in the applicable Profit Solver Agreement, Customer shall pay all fees specified in the applicable invoice for the Service within Twenty (20) days from the invoice date. Customer shall pay a late charge of 1.5% per month on all payments which are not paid when due. If at any time you have not paid all amounts due, other than amounts disputed in good faith, then without prejudice to any other rights we may suspend our performance and access to cloud software under this Agreement, including our warranty service.
Term and Termination
This agreement commences on the Effective Date, and for the Profit Solver Core and Profit Solver Plus Services, your Subscriptions is granted for 12 months from the Effective Date. Subscriptions purchased by You commence on the date You are deemed to have agreed to this Agreement and continue [until terminated].
Either party may terminate this Agreement with or without cause by giving thirty (30) business days’ notice to the other party in writing prior to completion of the implementation. Upon termination of this Agreement, Customer shall be obligated to pay for the Services performed up to the date of termination, and for any non-cancellable commitments entered in to by Profit Solver LLC prior to Profit Solver LLC’s receipt of written notice of termination. Any outstanding invoices shall be paid within thirty (30) days of termination. If either party materially breaches this Agreement, the other may immediately terminate it if the breaching party does not cure the breach within fifteen (15) days of written notice of same. Customer must complete the service within 15 months from date of signing agreement or this agreement will be terminated. Termination shall be without prejudice to any rights which may have been accrued to either party before termination. Unless expressly set forth herein, you are not entitled to any refunds upon any termination.
Delivery and Shipping
Since this Service is a cloud-based application, no shipping is required. Access to the Services will be provided to You by your assigned Profit Solver consultant within 72 hours and will be delivered electronically online.
Delivery time: Delivery times are established when Profit Solver LLC accepts your signed Profit Solver agreement. Since this is a cloud-based application and Service, your delivery date will be when access is provided to our Service, typically within 72 hours from receipt of the agreement. We will use commercially reasonable efforts to meet your requested delivery dates unless you are in default under these Terms or our performance is otherwise excused. We are not liable for late or delayed delivery. Late delivery is not a basis for your cancellation of any order.
Refund and Cancellations
You may cancel your order within 20 days from the Effective Date for a full refund. After the 20 days no refunds are provided.
If you would like to contact us concerning any matter relating to refunds, you may send an email to [email protected]
Telephone and Online Meeting Support: We will provide reasonable technical telephone and online consultation relating to the operation of the Services at the level of support services selected by You. Your organization primary contacts can receive support through Our support center.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
During the use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Links to Other Websites
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual Property Rights
This Agreement does not transfer to you any intellectual property owned by Profit Solver LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Profit Solver LLC All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of Profit Solver LLC or Profit Solver LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Profit Solver LLC or third-party trademarks.
Copyrights: Profit Solver LLC is the owner or licensee of all copyrights in and to the content on this website, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this website; and (ii) the design, selection and arrangement of this website. All rights reserved.
Disclaimer of Warranty
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service, or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Profit Solver LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Profit Solver LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Profit Solver LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Profit Solver LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Profit Solver LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Texas, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Texas, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]
This document was last updated on October 10, 2019