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Terms of Service

By using our website and services, you agree to the following terms

Welcome to Profitquery

We build web software and people (our “Clients”) can use our Plugins to power their websites or their client’s websites (our “Service”). People can purchase our Plugins to assist them in the creation of those websites and add functionality.

Profitquery, Inc. (“Profitquery”, “we” or “us”) offers various services to you, our Client and your End Users, through our website (www.profitquery.com), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service. 

Please read this agreement carefully to ensure that you understand each provision. this agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. 

We respect the privacy and security of our Users. You understand that by using our Service, you give consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use Profitquery or our Service. 

In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on the entity’s behalf. By connecting to Profitquery with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Profitquery.

1. Services

Profitquery is your destination for plugins for your website. Our plugins are sold as a digital download through our website. You may also receive support through our website via email or our support forums.

2. Registration

By registering and participating in this Service as a Client, you agree and represent as follows:
1. You are of legal age and are otherwise capable of forming a legally binding contract;
2. All information you submit to Profitquery or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
3. You agree to be contacted via Email, SMS and text messaging by Profitquery, and third parties if relevant, regarding Profitquery’ services;
4. You hereby grant Profitquery permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
5. By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services.
6. Our plugins are given to all Clients on a personal use basis. You may not offer them, modified or unmodified, for redistribution or resale of any kind. You may visit our Site without registering. However, in order to buy any of our themes or products you will be required to register for an account. When creating an account we will collect your name, address, country of origin and email. If you decide to purchase any of our products, you will also be required to submit your PayPal or credit card information to our third party payment processors. We may also ask you for additional information if necessary.

3. Responsibility For User Content

Profitquery respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the website. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below. 

It is the policy of Profitquery to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. 

Notifications of claimed copyright infringement should be sent to support@profitquery.com 

4. Acceptable Use Policy

Profitquery does not responsible or liable for the content and any websites actions which use Profitquery tools and services

5. Use of Third Party Services

As a part of our Service, we may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Profitquery does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

6. Representations and Warranties and Indemnification

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We have no refund program.

Limitation of liability 

In no event shall Profitquery or its suppliers be liable for lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. Profitquery’ liability, and the liability of Profitquery’ suppliers and affiliates, to you or any third parties in any circumstance, shall not exceed the total sum of $10.00. the limitations of liability set forth above are fundamental elements of the contract between Profitquery and you. some states do not allow the limitation of liability, so the foregoing limitation may not always apply. 

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, california residents must, as a condition of this agreement, waive the applicability of california civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." You hereby waive this section of the california civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release. 

Errors and delays 

 

Profitquery is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.

7. Subscriptions and Payment

After browsing our web site you may be interested in purchasing some of our Plugins. You will be required to submit payment information to do so. To process our payments we use PayPal or 2Checkout. You must agree with their terms and conditions before paying for any of our products. 

Refund Policy: We have no refund policy 

Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

8. Termination

Profitquery reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Profitquery at any time by delivering a written notice addressed to support@profitquery.com. You shall be responsible for ensuring delivery of the notice to Profitquery. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Profitquery emails. 

Profitquery reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Profitquery shall have no liability to you or any third party should Profitquery modify or discontinue any service or an aspect thereof.

9. General

These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND Profitquery AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by Profitquery without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Profitquery.

10. Copyright and Trade Mark Notices

All contents of the Service are copyrighted © 2014 Profitquery, LLC. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Profitquery, Inc. Other product and company names may be trademarks or service marks of their respective owners. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.

Terms History

Effective Date: September 1, 2015
Modified: December 26, 2015 

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© 2015 Profitquery | Terms of Service