Terms of Services

Terms of Use

  1. Introduction, Definitions and Acceptance

Welcome to Profit Drive!  We are sure you will like using the Profit Drive services and we are confident that Profit Drive will help you create higher quality leads list. To help you better understand our Terms of Use let’s first define some things right up front that we’ll refer to throughout this Policy, to try and make things clearer:

 

“Application” refers to the Profit Drive app for iOS and Android as well as the web application at app.profitdrive.com . Application also includes any Application updates and upgrades that Profit Drive may provide to you or make available to you, or that you obtain after the date you obtain your initial copy of the Application, to the extent that such items are not accompanied by a separate privacy policy. The Application may be either the “iOS Application”, “Android Application” or “Web Application”, which are what they sound like.

 

“Device” refers to the handheld or tablet device running iOS or Android onto which you downloaded the Application and are using the Profit Drive Service.

 

“End User License Agreement” or “EULA” is an alternative name for these Terms of Use, but only in the context of the Application that you downloaded onto your Device.

 

“Profit Drive” refers to Profit Drive LLC, a duly incorporated company in the state of Missouri, United States. Where the present Policy refers to “Profit Drive”, it may refer to Profit Drive or its employees, officers, directors, subcontractors, agents or representatives, depending on the context. In this Policy, a Website visitor or Service user may be referred to as “you”. If you have purchased a subscription to Profit Drive, you may also be referred to as a “Customer”.

 

“Service” refers to the software service that Profit Drive has developed to help you create higher quality leads lists that you may sign up for, access and use through the Portal and the Application.  If you are using the Service, you may be said to have an “Account”.

 

“Website” refers to the website of Profit Drive located at https://profitdrive.com/ and includes all subdomains, present and future. These subdomains include but are not limited to https://app.profitdrive.com which is where you can access your Account and use the Service on the Web.

 

There will be additional definitions made throughout these Terms of Use that may also be found in the Privacy Policy, and will have the same meaning in these Terms of Use as they do there.

 

By visiting the Website, using the Service on the Website, and/or installing, using or accessing the Application on your Device, you hereby agree to be bound by these Terms of Use or EULA without qualification. In English, that means you agree to these terms as if they were a contract, no matter how you interact with Profit Drive.  In fact, the Terms of Use is a contract! If you don’t agree to be bound by this contract between you and Profit Drive, don’t use the Service and delete the Application from your Device (if you have downloaded it).

 

These terms were last modified on December 4, 2019. Profit Drive reserves the right, at any time and without prior notice, to modify or replace any portion of said terms.  Any changes to our Terms of Use or End User License Agreement can be found at this URL. It is your responsibility to check periodically for changes.  Your use of the Service following any changes constitutes acceptance of those changes. If there are any significant changes to the  Terms of Use or End User License Agreement that materially affect your relationship with Profit Drive, you will be notified upon logging-in to the Service or via email.

 

Terms of Use should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website or Application.

 

If you have any questions please contact:

 

Profit Drive LLC

16216 Baxter Rd., Suite 190

Chesterfield, MO 63017

or by email support@profitdrive.com

 

  1. General Code of Conduct for Use of the Website or Service

By visiting the Website and / or using the Service, you agree to:

 

(i) Not use the Website or Service in any manner that in any way violates these Terms of Use;

 

(ii) Not use the Website or Service in any manner that violates any intellectual property rights of any third party;

 

(iii) Not use the Website or Service in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;

 

(iv) Not use the Website or Service in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Profit Drive or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether Personal Information or not) of Profit Drive, other Website or Service users, or any other third party;

 

(v) Not: (1) take any action that imposes or may impose (as determined by Profit Drive in its sole discretion) an unreasonable or disproportionately large load on Profit Drive’s (or its third party providers’) infrastructure; (2) interfere or attempt to interfere with the proper functioning of the Website or Service or any activities conducted on the Website or Service; (3) bypass any measures Profit Drive may use to prevent or restrict access to the Website or Service or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or Application; or (5) harvest or scrape any content from the Website or Application in an unreasonable manner;

 

(vi) Use the Website or Service in compliance with all applicable local, state / provincial, national, and international laws.

  1. Use of the Application

The Application is licensed, not sold. Profit Drive grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use on the Device, or the use of any other third party with access to the Device that you control, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application;

 

You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).

 

You agree that you are solely responsible for (and that Profit Drive has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms of Use, and for the consequences (including any loss or damage which Profit Drive may suffer) of any such breach. Where a third party uses the Application on your Device, you are solely responsible for confirming these Terms of Use and any breach thereof shall be your responsibility.

 

 

  1. Privacy Policy and Permissions for the Application

Our Privacy Policy explains how Profit Drive treats your information and protect your privacy when you use the Application or Service. By installing, accessing or using the Application or Service you explicitly agree to the use of your data in accordance with the Privacy Policy, which may be updated from time to time and without notice.

 

By installing, accessing or using the Application or Service, you consent to the information collection and usage terms.

 

In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of the Device that are not part of the Application and developed by third parties. These are known as permissions, and you agree that Profit Drive has the right to access third-party computer code on the Device in this manner and as described in the Privacy Policy.

 

 

  1. Accessing and Downloading the iOS Application from the Apple iTunes Store, and Related Acknowledgements

 

You acknowledge and agree that (i) these TOU are concluded between you and Profit Drive only, and not Apple, and (ii) Profit Drive, not Apple, is solely responsible for the Application and content thereof. Your use of the Application must comply with the Apple App Store Terms and Conditions, which you are responsible to review from time to time.

 

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

 

Apple will have no warranty obligation whatsoever with respect to the Application. As between Profit Drive and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Profit Drive, or as further specified and limited hereinafter.

 

You and Profit Drive acknowledge that, as between Profit Drive and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

You and Profit Drive acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Profit Drive, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified in section 3 above.

 

You and Profit Drive acknowledge and agree that Apple, and Apple’s subsidiaries and third party beneficiaries of these terms as related to your license of the Application, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms as related to your license of the Application against you as a third-party beneficiary thereof.

 

You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Without limiting any other of these Terms of Use, you must comply with all applicable third party terms of agreement when using the Application.

 

  1. Accounts and Passwords

In order to use the Service, you will be required to open an Account by submitting a valid email address under your control and choosing a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. It is strongly suggested that you log out of your Account at the end of every session, or not leave a logged-in Account unattended for any period of time. Profit Drive will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Service with your Account information by accessing your Account through any other means, and disclaims any responsibility in this regard.

  1. Profit Drive Subscription Payment Information

You may purchase a subscription for the use of Profit Drive either on a monthly or annual basis, either one of which may be referred to in the present Terms of Use or the Privacy Policy as a “Subscription”.

 

For the purposes of billing of your Subscription, a month is calculated from the day the Subscription was originally purchased through to the end of the day prior to the same day in the following calendar month. For example, if you purchased your monthly Subscription on September 10th, the current month goes through to the end of October 9th. A year is calculated from the day the license was originally purchased through to the end of the day prior to the same day in the following calendar year. For example, if you purchased your annual Subscription on September 10th, 2019, the current year goes through to the end of September 9th, 2020. The payment period of your Subscription, whether a month or a year, shall be referred to in the present Terms of Service as a “Billing Period”.

 

Your Subscription recurs automatically at the end of every Billing Period. Just so we’re clear, you will be charged again if you don’t cancel in time. If you wish to cancel your Subscription, you must do so prior to the end of the current Billing Period so that your credit card or other payment method will not be charged again. Please refer to the section “Cancellation of Your Subscription” below for further information and instructions.

 

7a. Payment Processing

To use the Profit Drive services, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

 

All purchases of Subscriptions made through the Website are securely processed using a Third-Party Payment Processor.

 

The Payment Processors accepts a variety of payment options, but this is subject to change without notice. Once transactions are accepted by a Payment Processor, they are processed in accordance with the Payment Processor’s program rules and procedures and relevant Terms of Use. Profit Drive and the Payment Processors are unaffiliated companies and Profit Drive has no influence on the operations of the Payment Processors, and Profit Drive shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of a Payment Processor.

7b. Prices and Refunds

Pricing of the Subscriptions can be found on www.profitdrive.com.  All prices are firm and include all applicable taxes, though the price may be reduced Terms of Use or End User License Agreement by use of a valid coupon. Prices are in American dollars, which may be converted to other currencies by the Payment Processor at the time of payment processing, depending on your country of origin and / or credit card account agreement, or the terms of your account of other payment method.

 

In the event that a Subscription is mistakenly listed at an incorrect price or a coupon malfunctions, Profit Drive reserves the right to refuse or cancel any orders placed for a Subscription listed at the incorrect price or affected by a malfunctioning coupon. Profit Drive reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Customer’s credit card or other payment method. If the Customer has already been charged for the purchase and the order is cancelled, Profit Drive shall issue a credit to the credit card or other payment method used to make the purchase in the amount of the incorrect price (plus any taxes).

 

Please note that Profit Drive will not issue any refund or pro-rated refund if a Customer chooses to stop using Profit Drive in the middle of a Billing Period. Profit Drive will waive this practice under exceptional circumstances, however, but at Profit Drive’s sole discretion.

7c. Cancellation of Your Subscription

You can cancel your Profit Drive Subscription at any time, and you will continue to have access to the Profit Drive service through the end of your billing period.  To cancel, go to the “My Account” after logging into the Service and following the instructions on cancellation.  

 

Your Subscription will recur automatically unless it is canceled as per this section of the Terms of Use.  You must cancel your Subscription at least 24 hours prior to the expiry of the current Billing Period to avoid your credit card or other payment method being charged for the subsequent Billing Period.

 

Upon cancellation of subscription, current credit balance will be lost.

 

 

  1. Proprietary Rights

You acknowledge that (a) the Website and Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Profit Drive and/or third parties own all right, title and interest in and to the Application and Website and content, excluding content provided by you, that may be presented or accessed through the Application and Website, including without limitation all Intellectual Property Rights therein and thereto. The Application is being licensed to you and you hereby acknowledge that no title or ownership in the Application is being transferred or assigned and these Terms of Use should not be construed as a sale of any rights in the Application. All rights not specifically granted under these terms are reserved by Profit Drive and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

 

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service or Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application or Website; (iii) use the Application or Website to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter Profit Drive’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application or Website.

  1. Copyright and Intellectual Property Rights

The content, arrangement and layout of the Website and Application, including, but not limited to, the trademarks, libraries, Sketches, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to Profit Drive, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Profit Drive, or as permitted by the functionality of the Website or Application or these TOU. Any unauthorized use of the content, arrangement or layout of the Website or Application, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Profit Drive may take action accordingly.

 

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files, and any related documentation.

 

If you choose to communicate to Profit Drive suggestions for improvements to the Website or the Service (collectively, “Feedback”), Profit Drive shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Profit Drive and waive in favor of Profit Drive, its successor and assigns all your moral rights in the Feedback, and agree to provide Profit Drive such assistance as Profit Drive may require to document, perfect, and maintain Profit Drive’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Profit Drive, you are not entitled to any compensation or reimbursement of any kind from Profit Drive under any circumstances.

 

Certain intellectual property is used on the Website or in the Application that belongs to third parties. Apple and iOS are registered trademarks of Apple Inc. Android is a registered trademark of Google Inc.

  1. Interruption of Website or Service

From time to time, the Website or Service may be unavailable for brief periods of time for maintenance and / or modifications to the Website or Service. While we will endeavor to make this unavailability as brief as possible, Profit Drive shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website or Service, and disclaims any responsibility thereto.

  1. Termination of the Website or Service and these TOU

You agree that Profit Drive, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, suspend your login credentials, or otherwise terminate your access to or use of the Website or Service (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Profit Drive believes that you have acted inconsistently with the letter or spirit of the Terms of Use.

 

In addition, Profit Drive reserves the right to cancel your Account and delete all of your information after one year of inactivity. In such a case, you will be given two email notices prior to the cancellation and deletion.

 

Profit Drive may also, in their sole discretion and at any time, discontinue providing the Website or Service, or any part thereof, with or without notice. Furthermore, you agree that the Profit Drive shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website or Service, or from Profit Drive’s termination of the Website or Service or any part thereof.

 

These Terms of Use will continue to apply until terminated by either you or Profit Drive as set forth herein. You may terminate these terms at any time by permanently deleting the Application from your Device in its entirety. Your rights automatically and immediately terminate without notice from Profit Drive or any Third Party if you fail to comply with any provision of these terms. In such event, you must immediately delete and destroy all copies of the Application and all of its component parts and cease and desist from accessing any Service components of the Application.

 

All provisions of these Terms of Use which by their nature should survive termination of the Website or Service or any other event leading to the cancellation of these terms between you and Profit Drive shall survive termination, including without limitation, intellectual property ownership provisions, disclaimers, indemnity and limitations of liability.

  1. External Links

From time to time Profit Drive may provide links to other websites or services. Links from the Website or Application may take you to websites or services not covered by these Terms of Use. When you access third party resources on the Internet in this manner, you do so at your own risk. Profit Drive provides these links as a convenience to you and Profit Drive takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and/or Privacy Policy of any website or service you visit. Profit Drive does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or the products or services available through those third parties.

 

In no way will Profit Drive be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

  1. Indemnity

Notwithstanding any other term of the Terms of Use or any act or failure to act by Profit Drive or its agents or subcontractors, you agree to indemnify, defend and hold harmless Profit Drive and their officers, directors, owners, partners, partnerships, principals, affiliates and other related entities, servants, agents, representatives, successors, assigns and subcontractors where applicable from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or Service or the information thereon; (ii) your participation in any activities arising from the Website or the Service or the information thereon; (iii) your violation of, or failure to perform your obligations under the terms; or (iv) your violation of any rights of a third party.

  1. Disclaimer of Warranties

You expressly understand and agree that your use of the Website or Service, the information thereon (whether provided by Profit Drive or third parties), or any activity arising from the use of the Website or Service or the information thereon is at your sole risk. The Website or Service, or any third party materials or data, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material or data obtained through the use of the Website or Service or any other functionalities of the Website or Service, or damages (financial or otherwise) resulting from your use of the Website or Service, the information thereon, or any activity arising from the use of the Website or Service or the information thereon.

 

The information provided through the Website or Service written by Profit Drive staff, freelance writers or other subcontractors (whether paid or voluntary) is known to be as accurate as possible at the time of writing, and every effort has been made to ensure that the information from the Website or Service is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Profit Drive shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or Service.

 

Profit Drive expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Website or Service and any third-party materials or data will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. Without limiting the generality of the foregoing, Profit Drive, and its directors, agents, suppliers, partners and subcontractors do not warrant that: (i) the Website or Service will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website or Service is free of viruses or other harmful components; or (iv) the results of using the Website or Service will meet your requirements.

 

You are solely responsible for any damage to your Device, or other Device, or loss of data that results from the use of the Application.

 

The Application is not intended for use in the operation of nuclear facilities, life support systems, motor vehicles, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other activities in which the failure of the Application could lead to death, personal injury, or severe physical or environmental damage.

  1. Limitation of Liability

You expressly understand and agree that Profit Drive, its subsidiaries and affiliates, and its licensors are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of the Website or Service, including any loss of data or damage to your Device, whether or not the company or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

  1. Governing Laws and Jurisdiction

Use of the Website or Service, and these Terms of Use, shall be governed by and construed in accordance with the laws of the United States, in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Profit Drive shall be brought exclusively in the courts located in Colorado, USA.

  1. Miscellaneous

These Terms of Use and the Privacy Policy constitutes the entire Agreement between you and Profit Drive relating to the Website or Service and govern your use of the Website or Service, and completely replace any prior or contemporaneous agreements between you and Profit Drive regarding the Website or Service. When you download the Application, you are also subject to the Terms of Service and / or Privacy Policy of the application distribution system you used to download the Application (e.g. iOS App Store, Google Play, etc., hereinafter “Third Party Application Distributor”). We strongly suggest reading those documents prior to installing the Application. Profit Drive shall in no way be held responsible for any losses or damages, whether pecuniary or otherwise, to you or any third party for your failure to adhere to the Terms of Service and/or Privacy Policy of any Third Party Application Distributor when downloading and/or using the Application.

 

The section titles in the Terms of Use and Privacy Policy are for convenience only and have no legal or contractual effect.  The failure of Profit Drive to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision, which will still be available to Profit Drive.

 

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms of Use or Privacy Policy is invalid, then that provision will be removed from the Terms of Use or Privacy Policy without affecting the rest of the Terms or Privacy Policy. The remaining provisions of these Terms and Privacy Policy will continue to be valid and enforceable.

 

The rights granted in these Terms of Use may not be assigned or transferred by either you or Profit Drive without the prior written approval of the other party. Where a third party uses the Application installed on your Device or the Service on the Website, you are legally responsible for that third party’s use and are bound by these Terms. Neither you nor Profit Drive are permitted to delegate their responsibilities or obligations under these Terms without the prior written approval of the other party.

 

You hereby agree that if these Terms of Use are not specifically enforced, Profit Drive will be irreparably damaged, and therefore you agree that Profit Drive shall be entitled, without bond, other security or proof of damages, to all appropriate equitable or similar remedies, including injunctive relief, with respect to your breach of any of the terms of these Terms, in addition to any other available remedies.

 

The parties hereto acknowledge having expressly required that the Terms of Use and the Privacy Policy be drawn up in the English language. The English language version of these Terms of Use or the Privacy Policy shall prevail and any translation into other languages other than English is for convenience only.

 

 

© Profit Drive 2019