- Introduction, Definitions and Acceptance
“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.
“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.
If you have any questions please contact:
Profit Drive LLC
16216 Baxter Rd., Suite 110
Chesterfield, MO 63017
or by email email@example.com
- General Code of Conduct for Use of the Website or Service
By visiting the Website and / or using the Service, you agree to:
(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.
- 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).
By installing, accessing or using the Application or Service, you consent to the information collection and usage terms.
- 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 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.
- 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.
- Profit Drive Subscription Payment Information
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
All purchases of Subscriptions made through the Website are securely processed using a Third-Party Payment Processor.
7b. Prices and Refunds
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.
Upon cancellation of subscription, current credit balance will be lost.
- Proprietary Rights
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.
- 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.
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.
- 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.
- Termination of the Website or Service and these TOU
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.
- External Links
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.
- 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.
- 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.
- Governing Laws and Jurisdiction
© Profit Drive 2019