TERMS OF SERVICE
UPDATED: September 3, 2020
By using this website (the “Site”) or any services provided through this Site, you (“You,” “Your,” or “User”) agree to the terms and conditions that Moneyball Marketing LLC d.b.a. Profits Academy (“PA,” “Us,” “Our,” or “We”) have provided. This Agreement between Us and User supersedes all previous written and oral agreements, representations, and warranties. If You do not wish to agree to these terms of service (the “TOS” or “Agreement”), please refrain from using the Site.
Profits Academy is a website [https://profitsacademy.com] owned by PA to provide information about Our marketing services, online marketing education through quality content creation, individual and group coaching and consulting services, and sell PA’s products and services.
2. User Conduct
All Users are allowed to post comments on Our blog, provided You abide by the following rules of conduct:
• You must be at least 18 years old.
• Your comments must be relevant to the post’s topic.
• You may post comments anonymously.
• You may not use this Site to abuse, harass, or defame anyone.
• You may not post content that contains hate speech, threats, excessive violence or curse words, or pornography. You may not use this Site to do anything unlawful, misleading, malicious, or discriminatory.
• You may not post spam or upload viruses or other malicious code. You may not do anything that is designed to disable, overburden, or interfere with the normal working of the Site.
• You may not use this Site to commit copyright infringement or violate anyone’s intellectual property rights. You may share Our content using Our social sharing buttons.
• If You share an opinion about a product or service, You may only share Your honest opinions based on Your personal experience. Failing to do this may violate the Federal Trade Commission’s regulations regarding truthfulness in testimonials (16 CFR §§ 255.0–255.5). You must also disclose when You are compensated for giving a testimonial.
We have no obligation to monitor the Site, but We can, and We may remove anything that a User posts for any or no reason. All comments are currently moderated.
3. User Interaction with Site
If You use this Site to subscribe to Our free newsletter, to receive Your online visibility score through Our free software, to request a call from PA, to request more information about Our marketing services, or to use Our general contact form, You must provide accurate information about yourself when such information is required. You may not use this Site to sign up other people or entities for services without their consent.
4. License to Use User Provided Content
You may only publish content that You have created or have permission to use and publish on this Site. You will retain the copyright in Your original work that You publish on this Site. By posting Your work on this Site, You grant PA a perpetual, non-exclusive, royalty-free license to use Your work in any way for any reason, including advertising and marketing purposes. This license includes the ability to modify Your work and sublicense it to others for any reason. If we use any of Your content, We may do so without notification or compensation to You.
We may provide links to other websites on this Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link. User assumes all risk by following a link. PA provides no guarantee that any website We link to will be accurate or available.
We may write product reviews and/or provide links from this Site to those products and earn an affiliate commission for any purchases You make. We may also receive free products or otherwise be compensated for writing a review. We promise that when we do this, We will always write a fair and accurate review of the product. The fact that We are compensated in any way to do this will not cloud Our judgment.
When We are compensated for writing a review, We will label the post as such.
We provide these disclosures for two reasons.
#1 – The Federal Trade Commission requires it.
#2 – It’s good business practice.
We will provide reviews of products based on Our experience, but ultimately You should make Your own assessment as to whether a particular product is right for You.
7. Copyrights and Trademarks
PA retains its copyright rights in all Our content published on this Site. Users may request permission to use or repurpose Our content by contacting Us at email@example.com.
Profits Academy is a trademark for Moneyball Marketing and may not be used without Our explicit written permission.
Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
8. Digital Millennium Copyright Act (DMCA) Policy
If You believe that Your copyrighted work has been copied and posted on the Site in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address:
Moneyball Marketing LLC
Attn: DMCA/Copyright Agent
2303 North 44th Street, Suite 14-1266
Phoenix, AZ 85008
We comply with all properly submitted DMCA takedown and counter takedown notices.
User agrees to defend, indemnify, and hold harmless PA, Our affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by User in connection with the Site.
To the extent permitted under applicable laws, User hereby releases PA from any and all claims or liability related to any product or service provided through this Site and any conduct or speech, whether online or offline, of any other User.
10. Dispute Resolution
By using this Site, User agrees that any claim, dispute, or controversy User may have against Us arising out of, relating to, or connected in any way with this Agreement, or this Site, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site. By using this Site, You consent this venue, jurisdiction, and choice of law.
In all claims, disputes, and controversies related to this Agreement or this Site, the prevailing party’s attorneys’ fees will be paid by non-prevailing party in addition to any damages assessed against them.
11. Modified Terms of Service
We reserve the right at any time to discontinue or modify any of Our TOS as We deem necessary or desirable. We may notify Users of changes by posting notice of the change on the Site. Changes to this Agreement may occur, however, without notice. Any changes to these TOS will be effective upon the changes being made to this document.
We suggest, therefore, that You re-read Our TOS periodically in order to stay informed as to any such changes. The date at the top of Our TOS will inform You of the date of the most recent change. Any use of the Site by User after the changes shall be deemed to constitute acceptance by User of such modifications.
12. Warranty Disclaimer
USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER PA, OUR AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
13. Limitation of Liability
IN NO EVENT SHALL PA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Questions and concerns may be sent to Moneyball Marketing, LLC at 2303 North 44th Street, Suite 14-1266, Phoenix, AZ 85008 or via email at firstname.lastname@example.org.
15. PA Service Contract and Payment Information
For Users who are PA customers, We accept most credit and debit cards as well as personal and business checks. Payment in full is required before services will be rendered unless there is a written provision in the service contract between the parties that states otherwise. For all Our products, services, and subscriptions, We use a third-party payment processor for credit card payments. We never have access to Your credit card information.
Returned checks will incur a $25 fee to cover Our banking fees and administrative costs. There is no additional penalty for the first returned check without cause, but We may terminate Our service contract with You if You ever request a second returned check. If You fail to pay for services as described in Your service contract, all services provided by Us shall cease immediately until all outstanding payments are recovered in full.
A User may cancel paid services provided by PA with at least 30 days’ written notice. Written notice includes messages sent by email and via the U.S. Postal Service to Us.
Either party of a service contract may terminate the service contract involving PA for any reason. No refunds will be given when a service has been substantially performed, even if the User has not yet seen the work product for said service because it was in the process of being created. The User shall receive a refund for services where payment has been received but the work has not been performed.
Please review Your service contract with Us for additional details regarding services provided, deliverables, payment requirements, and contact information for questions and modifications to Your service contract. If You are interested in purchasing services from Us, please schedule a Marketing Strategy Session to discuss Your needs and Our current service offerings.
When You provide a review or testimonial (“Review”), it must contain Your true and accurate opinion of the product or service. You must disclose in Your Review when You are compensated for providing an opinion and when You have a relationship with the company.
When You submit a Review through this Site or to Us via email, You retain the copyright in Your Review and You grant Us a non-exclusive, perpetual, royalty-free, worldwide license to use Your review for any purpose. Your license to Us includes permission to edit Your Review so long as it does not change the overall message.
We read all Reviews prior using them on this Site. We do not permit reviews on this Site that are or appear to be obscene, defamatory, harassing, false, misleading, or unrelated to the products, services, and/or topics discussed on this Site. We may follow up with You to ensure Your Review complies with this policy. Submitting a Review through the Site or via email to Us does not guarantee that We will use it.
The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.