Terms of Use

Last updated April 26, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the Profithood.Academy website, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations. If you do not agree to these terms of use, please do not use this Site. We may revise these terms of use at any time without notice to you. Please contact us if you have any questions about these terms of use.

Please also refer to the Profithood.Academy Privacy Policy, which is incorporated by reference herein.

1. Ownership. This Site (Profithood.Academy) is owned and operated by Jason Spencer, a sole proprietor. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned either by Jason Spencer or by its respective third party authors, developers, or vendors (“Third Party Providers”), including Materials provided by Mike Michalowicz and Profit First Professionals. Except as otherwise expressly provided by Profithood Academy, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way. Any rights not expressly granted herein are reserved by Profithood Academy.

2. Limited Permission to Use Materials. Profithood Academy hereby grants you permission to use, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright notice appearing at section 14 below and the trademark notice appearing at section 15 below appears in the Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

3. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than Profithood Academy (the “Third Party Sites”). Profithood Academy is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. Profithood Academy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Profithood Academy of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that Profithood Academy is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

This Site may occasionally link to a Third Party Site for product or service as a recommended resource for you. If you click on one of these links and/or purchase the product or service, you may assume that we receive a commission; however, this is not necessarily the case.

4. Use of the Profithood Academy Member Directory: Users may not use the Profithood Academy Member Directory to mine email addresses for unsolicited commercial email (“spam”). Such activity includes, but is not limited to:

  • Sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law
  • Gathering addresses for sending unsolicited emails to significant numbers of individuals and/or entities with whom you have no preexisting relationship
  • Imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
  • Selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure
  • Sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  • Intentionally distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
  • Conducting or forwarding pyramid schemes and the like
  • Illegally transmitting another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
  • Promoting or encouraging illegal activity
  • Interfering with other Profithood Academy users’ enjoyment of the Service.

5. Use of the Profithood Academy “Profit Partnership” Facebook Group. The Profithood Academy Profit Partnership (the “Partnership”) is a collaborative Facebook community where Profit First Professionals, guest collaborators, enrolled industry peers, or other experts answer your business entrepreneurship questions. Access to and use of the Partnership is subject to this paragraph 4, in addition to the other terms and conditions listed.

Rights and Responsibilities of Profithood Academy:

Profithood Academy is not always the publisher or author of works posted on the Partnership. Profithood Academy does not screen works before they are posted, and no prior approval is required for posting. Profithood Academy disclaims all copyright and ownership in such works and all responsibility for them.

Although it cannot make an absolute guarantee of system security, Profithood Academy takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.

If the Profithood Academy technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Profithood Academy reserves the right to delete those files or to stop those processes. If the Profithood Academy technical staff suspects an account is being used by someone who is not authorized by the account holder, Profithood Academy may temporarily disable that account in order to preserve system security. In all such cases, Profithood Academy will contact the member as soon as feasible.

Profithood Academy has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any works posted on the Partnership, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to works that use offensive language and works that are advertisements.

Profithood Academy reserves the right to refuse service to anyone and to cancel an account at any time.

Rights and Responsibilities of Profithood Academy Members or Other Posters to Profit Partnership:

You are legally and ethically responsible for any works – writings, files, pictures, or any other work – that you post or transmit on the Partnership. In posting works on the Partnership, you are responsible for honoring the rights of others, including intellectual-property rights, the right to privacy, the right not to be libeled or slandered. For example, if you wish to post a copyrighted work on the Partnership, you are responsible for obtaining the copyright holder’s permission first.

The use of your Profithood Academy membership or posting on the Partnership for any illegal activity under the laws of California and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside Profithood Academy locality or your own residence. Profithood Academy enrollment is open to members worldwide, and Profithood Academy cannot guarantee that you won’t run into legal trouble from other jurisdictions over your works.

Your Rights and Responsibilities as a Profithood Academy Member and Reader of Postings on Profit Partnership:

Although you are not required to provide your real name when registering as a member of Profithood Academy, it is highly encouraged for business development and mentoring. Profithood Academy permits anonymous or pseudonymous accounts. Any member may request that such member’s e-mail address be hidden to provide for additional privacy.

If you have a complaint about the behavior or posts of another member, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly. Should such a complaint or conflict arise, the member or members may request that a Profithood Academy moderator intervene and attempt to resolve any dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other, or (iv) successfully resolve the situation . The decision to intervene rests with Profithood Academy, in its sole and absolute discretion.

Your access to the works that members have posted on the Partnership is for your personal use only. If you want to redistribute works you find on the Partnership, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

You agree to help protect your account and the security of other members by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact Profithood Academy as soon as possible.

6. No Warranty. The site and all materials provided on the site are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Profithood Academy expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

PROFITHOOD ACADEMY AND JASON SPENCER MAKE NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. PROFITHOOD ACADEMY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL PROFITHOOD ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF PROFITHOOD.ACADEMY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Indemnification. You agree to defend, indemnify and hold harmless Profithood Academy, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

9. Unsolicited Submissions. Except as set forth in paragraph 4 above, Profithood Academy does not want you to submit confidential or proprietary information to it through this Site, without first contacting Profithood Academy. All comments, feedback, information or material submitted to Profithood Academy through or in association with this Site (including Profit Partnership) shall be considered non-confidential and Profithood Academy’s property, unless otherwise set forth herein or agreed to by Profithood Academy in writing. By providing any unsolicited submissions to Profithood Academy you hereby assign to Profithood Academy, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Profithood Academy shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

10. Compliance with Laws. You may not access, download, use or export the Site or Materials in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations. Any such violation is expressly against these terms of use and you must cease from using this Site immediately.

11. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

12. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California , excluding its choice of law rules. Any legal action or proceeding relating to your access to or sue of the Site or Materials shall be instituted in a state or federal court in California , and in the County of Sacramento. You and Profithood Academy agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

13. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2000-2016, Profithood Academy. All rights reserved.

14. Trademarks. Profithood Academy, Profithood.Academy, all images and text, and all page headers, custom graphics and button icons on the Site are service marks, trademarks, and/or trade dress of Profithood Academy. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Cancellation and Refund Details

Last updated April 26, 2016

Notice Of Automatic Renewal

Profithood Academy will not send a notification of renewal unless there is a change in subscription terms. All notices regarding your subscription will be sent to your last email of record. To cancel your subscription without your account being charged for the next term, you must do so before the Renewal Date. Please keep a record of when your subscription term ends and the next Renewal Date. You are responsible for timely canceling your subscription regardless of whether you receive any notice from Profit Academy.

Payment And Price

The renewal payment is due on the Renewal Date and will automatically be charged to the same PayPal Account that you used for the original subscription or the most recent renewal. Please notify Profithood Academy at 1-916-264-9777 before the Renewal Date of any changes to your email, account or billing information. The renewal price will be the same price as for the prior subscription term (monthly or annual) unless Profithood Academy gives you advance notice of a price change. We will provide notification to you if there are any changes to the subscription service terms.

How To Cancel Automatic Renewal

Members that have subscribed to Profithood Academy through PayPal can follow instructions found here: https://www.paypal.com/selfhelp/article/FAQ2327. Otherwise, you must contact Profithood Academy at 1-916-264-9777 to cancel your subscription. If you cancel within 5 days after the Renewal Date, your cancellation will be effective immediately. Otherwise, your cancellation will be effective at the end of the then-current subscription term for which you have already paid.

Refunds Terms Specific to Monthly Memberships

To qualify for a refund, Profithood Academy must receive written notice. Returns for subscriptions will be honored for 30 days from the date of initial purchase. Notice of your intent to cancel a subscription must be received no later than 5 days from the date of each monthly renewal date [“notice period”]. We will refund your renewal payment provided that you cancel your subscription during the 5 day notice period, as applicable. After the end of the applicable 5 day notice period, your 1-month subscription payment is non-refundable.

Renewal of your subscription is automatic at the end of each subscription term. You agree that Profithood Academy may automatically renew your subscription and charge your account on the one month anniversary of your last subscription date (the “Renewal Date”), unless you cancel your subscription before the Renewal Date. Profithood Academy will automatically renew your subscription each month on the Renewal Date until you cancel your subscription or Profithood Academy no longer offers the subscription service.

Refund Terms Specific to Annual Memberships

To qualify for a refund, Profithood Academy must receive written notice. Notice of your intent to cancel a subscription must be received no later than 5 days from the date of each monthly renewal date [“notice period”]. We will refund your renewal payment provided that you cancel your subscription during the 5 day notice period, as applicable. After the end of the applicable 5 day notice period, your 1-month subscription payment is non-refundable.

Renewal of your subscription is automatic at the end of each subscription term. You agree that Profithood Academy may automatically renew your subscription and charge your account on the one year anniversary of your last subscription date (the “Renewal Date”), unless you cancel your subscription before the Renewal Date. Profithood Academy will automatically renew your subscription each year on the Renewal Date until you cancel your subscription or Profithood Academy no longer offers the subscription service.

Refunds Specific to Plans Containing “Profit Assessment” or “Profit Maximizer Session”

For any membership enrollment that offers a Profit Assessment or Profit Maximizer may not be eligible for a refund of the full amount if work on either of these services has commenced. Please contact Profithood Academy at 1-916-264-9777 for more information.