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erle@profitturing.ai

Terms & Conditions


Effective Date: July 2, 2024

Welcome
to https://profitturing.ai/optin (the “Website”). This Terms of Use
Agreement (the “Agreement”) is made and entered into by and between you
and Profit Turing (the “Company”, “us”, “we”, or “our”). This Agreement
sets forth the terms and conditions that govern your use of and access
to the Website and any products, materials, and services provided by or
on the Website (collectively, the “Services”).

Acceptance of this Agreement.Acceptance Through Using or Accessing the Services.

Please review the following terms carefully. By accessing or using the
Services (or by clicking on “accept” or “agree” to this Agreement when
prompted), you agree to be bound by the terms and conditions of this
Agreement on behalf of yourself or the entity or organization that you
represent. If you do not agree to the terms and conditions of this
Agreement, you may not use or access the Services and must exit the
Website immediately.

User Generated Content.

This is used to send appointment confirmations and links, account
information, product information, marketing messages, help requests,
webchat widget responses plus opt-in and opt-out confirmations

Eligibility Requirements to Use or Access the Services.

To use the Website or any other Services, you must be (i) at least 18
years old, (ii) a resident of the United States, Canada or the United
Kingdom, and (iii) not a competitor of or using the Services for
purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet
all the foregoing eligibility requirements. You also represent and
warrant that you have the right, authority, and capacity to enter into
this Agreement on your behalf or the entity or organization that you
represent. If you do not meet all these requirements, you may not use or
access the Services.

Changes to this Agreement.

The Company reserves the right to change this Agreement from time to time
in its sole discretion. Except for changes made for legal or
administrative purposes, the Company will provide reasonable advance
notice before the changes become effective. All changes will apply to
your use of and access to the Services from the date the changes become
effective and onwards. For new users, the changes will be effective
immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms
and conditions of such changes. You should check this page frequently so
that you are aware of any changes since they are binding on you.

Access to the Services.

Changes to Your Access and the Services. The Services may change from time to
time as the Company evolves, refines, or adds more features to the
Services. The Company reserves the right to modify, withdraw, or
discontinue the Services, in whole or in part, at any time without
notice to you. You agree that the Company shall have no liability to you
or any third party for any losses or damages caused by the Services not
being available, in whole or in part, at any time or for any period.
Creating an Account. You may be required to register for an account and
provide certain information about yourself to access the Services or
certain features of the Services. You promise to provide us with
accurate, complete, and updated information about yourself. The Company
may have different types of accounts for different users. If you connect
to any Services with a third-party service, you grant us permission to
access and use your information from such service as permitted by that
service to store your login credentials for that service. All
information that you provide will be governed by our Privacy Policy
(https://profitturing.ai/privacy). You consent to all actions that we
may take with respect to your information consistent with our Privacy
Policy. Account Responsibilities. You are entirely responsible for
maintaining the confidentiality of your password and account. You are
also entirely responsible for any and all activities associated with
your account. Your account is personal to you and you agree not to
provide any other person with access to the Services or any portions of
it using your username, password, or other security information. You
should ensure that you exit from your account at the end of each
session. You should use extra caution when accessing your account from a
public or shared computer so that others are not able to view or record
your password or other personal information. You may not transfer your
account to anyone else without our prior written permission. You agree
to notify the Company immediately of any actual or suspected
unauthorized use of your account or any other breach of security. The
Company will not be liable for any losses or damages arising from your
failure to comply with the above requirements. You will be held liable
for losses or damages incurred by the Company or any third party due to
someone else using your account or password. Termination or Deletion of
an Account. The Company shall have the right to suspend or terminate
your account at any time in our sole discretion for any or no reason,
including if we determine that you have violated any terms or conditions
of this Agreement.

Policy for Using the Services.

Prohibited Uses.

You may use the Services for lawful purposes only and in accordance with
this Agreement. You agree not to use the Services in any way that could
damage the Services or general business of the Company. You may use the
Services for any business or commercial purposes.

Prohibited Activities.

You further agree not to engage in any of the following prohibited activities in connection with using the Services:

No Violation of Laws or Obligations. Violate any applicable laws or
regulations (including intellectual property laws and right of privacy
or publicity laws) or any contractual obligations.

No Unsolicited Communications. Send any unsolicited or unauthorized
advertising, promotional materials, spam, junk mail, chain letters, or
any other form of unsolicited communications, whether commercial or
otherwise.

No Impersonation. Impersonate others or
otherwise misrepresent your affiliation with a person or entity in an
attempt to mislead, confuse, or deceive others.

No Harming of Minors. Exploit or harm minors in any way, including exposing
inappropriate content or obtaining personally identifiable
information.Compliance with Content Standards. Upload, display,
distribute, or transmit any material that does not comply with the
Content Standards set out below in this Agreement.

No Interference with Others’ Enjoyment. Harass or interfere with anyone’s
use or enjoyment of the Services, or expose the Company or other users
to liability or other harm.

No Interference or Disabling of the Services. Use any device, software, or routine that interferes with
the proper working of the Services, or take any action that may
interfere with, disrupt, disable, impair, or create an undue burden on
the infrastructure of the Services, including servers or networks
connected to the Website.

No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the
Services by automated or manual processes, devices, or means. This
includes, without limitation, using automatic devices such as robots,
spiders, offline readers, crawlers, or scrapers to strip, scrape, or
mine data from the Website; provided, however, that the Company
conditionally grants to the operators of public search engines revocable
permission to use spiders to copy materials from the Website for the
sole purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or
archives of such materials.

No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the
Services any viruses, Trojan horses, worms, logic bombs, or other
materials intended to damage or alter the property of others, including
attacking the Services via a denial-of-service or distributed
denial-of-service attack.

No Unauthorized Access or Violation of Security. Violate the security of the Services through (i)
any attempt to gain unauthorized access to the Services or to other
systems or networks connected to the Services, (ii) the breach or
circumvention of encryption or other security codes or tools, or (iii)
data mining or interference to any server, computer, database, host,
user, or network connected to the Services.

No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain
the source code or underlying information of or relating to the
Services.

No Collecting User Data. Collect, harvest, or
assemble any data or information regarding any other user without their
consent. This includes, without limitation, their emails, usernames, or
passwords.

No Other Interference. Otherwise attempt to
interfere with the proper working of the Services. Attempt or Assist
Others in Attempting. Attempt any of the foregoing or assist, permit, or
encourage others to do or attempt any of the foregoing.

Geographic Restrictions.

The Company is based in the US. The Services are for use by persons located
in the US only. By choosing to access the Services from any location
other than the US, you accept full responsibility for compliance with
all local laws. The Company makes no representations that the Services
or any of its content are accessible or appropriate outside of the US.

Terms and Conditions of Sale

Purchasing Process

Any steps taken from choosing Services to order submission form part of the
purchasing process. The purchasing process includes these steps:

By clicking on the checkout button, users open the third-party merchant
checkout section, wherein they will have to specify their contact
details and a payment method of their choice.

After providing all the required information, users must carefully review the
order and, subsequently, confirm and submit it by using the relevant
button or mechanism on the Website, hereby accepting these Terms and
committing to pay the agreed-upon price.

Order submission

When you submit an order, the following applies:

The submission of an order determines contract conclusion and therefore
creates for you the obligation to pay the price, taxes, and possible
further fees and expenses, as specified on the order page.

In case the purchased Services requires active input from you, such as the
provision of personal information or data, specifications or special
wishes, the order submission creates an obligation for you to cooperate
accordingly.

Upon submission of the order, users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent
to the email address provided by you for such purposes.

Prices

You are informed during the purchasing process and before order submission,
about any fees, taxes and costs (including, if any, delivery costs)
that they will be charged.

As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive from us. For questions about your text plan or data plan,
contact your wireless provider.

Methods of payment

Information
related to accepted payment methods are made available during the
purchasing process. Some payment methods may only be available subject
to additional conditions or fees. In such cases related information can
be found in the dedicated section of the Website. All payments are
independently processed through third-party services. Therefore, the
Website does not collect any payment information – such as credit card
details – but only receives a notification once the payment has been
successfully completed. If payment through the available methods fail or
is refused by the payment service provider, the Company shall be under
no obligation to fulfill the purchase order. Any possible costs or fees
resulting from the failed or refused payment shall be borne by you.

Retention of usage rights

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

Contract Duration

Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a
determined period of time. Paid subscriptions begin on the day the
payment is received by the Company. In order to maintain subscriptions,
you must pay the required recurring fee in a timely manner. Failure to
do so may cause service interruptions.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by
the Company and last for the subscription period chosen by you or
otherwise specified during the purchasing process. Once the subscription
period expires, the Services shall no longer be accessible, unless you
renew the subscription by paying the relevant fee. Fixed-term
subscriptions may not be terminated prematurely and shall run out upon
expiration of the subscription term.

Automatic renewal

Subscriptions are automatically renewed through the payment method that you chose
during purchase unless you cancel the subscription within the deadlines
for termination specified in the relevant section of these Terms and/or
Website. The renewed subscription will last for a period equal to the
original term. You shall receive a reminder of the upcoming renewal with
reasonable advance, outlining the procedure to be followed in order to
cancel the automatic renewal.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and
unambiguous termination notice to the Company using the contact details
provided in this document, or — if applicable — by using the
corresponding controls inside the Website.

Termination notice

If the notice of termination is received by the Company before the
subscription renews, the termination shall take effect as soon as the
current period is completed.

Intellectual Property Rights.

Ownership of Intellectual Property.

You acknowledge that all intellectual property rights, including
copyrights, trademarks, trade secrets, and patents, in the Services and
its contents, features, and functionality (collectively, the “Content”),
are owned by the Company, its licensors, or other providers of such
material. The Content is protected by U.S. and international
intellectual property or proprietary rights laws. Neither this Agreement
nor your access to the Services transfers to you any right, title, or
interest in or to such intellectual property rights. Any rights not
expressly granted in this Agreement are reserved by the Company and its
licensors.

License to Use the Services.

During the Term of this Agreement, the Company grants you a limited,
non-exclusive, non-transferable, non-sublicensable, and revocable
license to use and access the Content for any business or commercial use
in accordance with this Agreement. The Content may not be used for any
other purpose. This license will terminate upon your cessation of use of
the Services or at the termination of this Agreement.

Certain Restrictions.

The rights granted to you in this Agreement are subject to the following restrictions:

No Copying or Distribution. You shall not copy, reproduce, publish,
display, perform, post, transmit, or distribute any part of the Content
in any form or by any means except as expressly permitted herein or as
enabled by a feature, product, or the Services when provided to you.

No Modifications. You shall not modify, create derivative works from,
translate, adapt, disassemble, reverse compile, or reverse engineer any
part of the Content.

No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or
otherwise exploit the Content or the Services in any way, whether in
whole or in part.

No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.

No Competition. You shall not access or use the Content in order to build a similar or
competitive website, product, or service.Systematic Retrieval. You shall
not use any information retrieval system to create, compile, directly
or indirectly, a database, compilation, collection or directory of the
Content or other data from the Services.

Trademark Notice.

All trademarks, logos, and service marks displayed on the Services are
either the Company’s property or the property of third parties. You may
not use such trademarks, logos, or service marks without the prior
written consent of their respective owners.

User Content.

You are solely responsible for your User Content. Please consider carefully
what you choose to share. All User Content must comply with the Content
Standards set forth below. Any User Content you post on or through the
Services will be considered non-confidential and non-proprietary. You
assume all risks associated with the use of your User Content. This
includes any reliance on its accuracy, completeness, reliability, or
appropriateness by other users and third parties, or any disclosure of
your User Content that personally identifies you or any third party. You
agree that the Company shall not be responsible or liable to any third
party for any User Content posted by you or any other user of the
Services.

You further agree that the Company shall not be
responsible for any loss or damage incurred as the result of any
interactions between you and other users. Your interactions with other
users are solely between you and such users. If there is a dispute
between you and any other user, we are under no obligation to become
involved.

License.

You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid,
transferable, perpetual, and worldwide license to reproduce, distribute,
publicly display and perform, prepare derivative works of, incorporate
into other works, and otherwise use and exploit your User Content, and
to grant sublicenses of the foregoing rights, in connection with the
Services and the Company’s business including, without limitation, for
promoting and redistributing part or all of the Services in any media
formats and through any media channels.

You represent and warrant that you have all the rights, power, and authority necessary to
grant the rights granted herein to any User Content that you submit. You
hereby irrevocably waive all claims and have no recourse against us for
any alleged or actual infringement or misappropriation of any
proprietary rights in any communication, content, or material submitted
to us. Please note that all of the following licenses are subject to our
Privacy Policy (https://profitturing.ai/privacy) to the extent they
relate to any User Content that contains any personally identifiable
information.

Content Standards.

You agree not
to send, knowingly receive, upload, transmit, display, or distribute
any User Content that does not comply with the following standards
(“Content Standards”). User Content must not:

Violate Laws
or Obligations. Violate any applicable laws or regulations (including
intellectual property laws and right of privacy or publicity laws), or
any contractual or fiduciary obligations.

Promote Illegal
Activity or Harm to Others. Promote any illegal activity; advocate,
promote, or assist any unlawful act; or create any risk of any harm,
loss, or damage to any person or property.

Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent,
trade secret, moral right, or other intellectual property rights of any
other person.

Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s
privacy or publicity rights, abusive, threatening, harassing, harmful,
violent, hateful, obscene, vulgar, profane, indecent, offensive,
inflammatory, humiliating to other people (publicly or otherwise), or
otherwise objectionable. This includes any information or material that
we deem to cause annoyance, inconvenience, or needless anxiety, or be
likely to upset, embarrass, alarm, or annoy another person.

Promotion of Sexually Explicit Material or Discrimination. Promote sexually
explicit or pornographic material, violence, or discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or
age.

Fraudulent Information or Impersonation. Contain any
information or material that is false, intentionally misleading, or
otherwise likely to deceive any person including, without limitation,
impersonating any person, or misrepresenting your identity or
affiliation with any person or organization.

Endorsement by the Company. Represent or imply to others that it is in any way
provided, sponsored, or endorsed by the Company or any other person or
entity, if that is not the case.

Monitoring and Enforcement.

We reserve the right at all times, but are not obligated, to:

take any action with respect to any User Content that we deem necessary or
appropriate in our sole discretion, including if we believe that such
User Content violates the Content Standards or any other provision in
this Agreement, or creates liability for the Company or any other
person. Such action may include reporting you to law enforcement
authorities. remove or reject any User Content for any or no reason in our sole discretion.

disclose any User Content, your identity, or electronic communication of any
kind to satisfy any law, regulation, or government request, or to
protect the rights or property of the Company or any other person.

Terminate
or suspend your access to all or part of the Services for any or no
reason, including without limitation, any violation of this Agreement.

We do not review User Content before it is posted on or through the
Services, and therefore cannot ensure prompt removal of questionable
User Content. Accordingly, the Company and its affiliates, and their
respective officers, directors, employees or agents, assume no liability
for any action or inaction regarding transmissions, communications, or
content provided by any user or third party. The Company shall have no
liability or responsibility to anyone for performance or non-performance
of the activities described in this Section.

Copyright Infringement (Digital Millennium Copyright Act Policy).

The Company respects the intellectual property of others and expects users
of the Services to do the same. It is the Company’s policy to terminate
the users of our Services who are repeat infringers of intellectual
property rights, including copyrights. If you believe that your work has
been copied in a way that constitutes copyright infringement and wish
to have the allegedly infringing material removed, please provide the
following information in accordance with the Digital Millennium
Copyright Act to our designated copyright agent:

a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; a description of the copyrighted work that you allege has been infringed; a
description of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access
to which is to be disabled; a description of where the material that you claim is infringing is located; your contact information, including your address, telephone number, and email
address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement by you,made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact
in a written notification automatically subjects the complaining party
to liability for any damages, costs, and attorneys’ fees incurred by us
in connection with the written notification and allegation of copyright
infringement.

Designated copyright agent for the Company:

NAME:

ADDRESS: 32 N Gould St. STE #43621, Sheridan WY 82801

EMAIL: erle@profitturing.ai

Feedback to the Company.

If you provide the Company with any feedback or suggestions regarding the
Services (“Feedback”), you hereby assign to the Company all rights in
such Feedback and agree that the Company shall have the right to use and
fully exploit such Feedback and related information in any manner it
deems appropriate. The Company will treat any Feedback that you provide
to the Company as non-confidential and non-proprietary. You agree that
you will not submit to the Company any information or ideas that you
consider to be confidential or proprietary.

Assumption of Risk.

The information presented on or through the Services is made available for
general information purposes only. The Company does not warrant the
accuracy, completeness, suitability, or quality of any such information.
Any reliance on such information is strictly at your own risk. The
Company disclaims all liability and responsibility arising from any
reliance placed on such information by you or any other user to the
Services, or by anyone who may be informed of any of its contents.

Privacy.

For information about how the Company collects, uses, and shares your
information, please review our Privacy Policy
(https://profitturing.ai/privacy). You agree that by using the Services
you consent to the collection, use, and sharing (as set forth in the
Privacy Policy) of such information.

Termination.

Termination.

The Company may suspend or terminate your access or rights to use the
Services at any time, for any reason, in our sole discretion, and
without prior notice, including for any breach of the terms of this
Agreement. Upon termination of your access or rights to use the
Services, your right to access and use the Services will immediately
cease. The Company will not have any liability whatsoever to you for any
suspension or termination of your rights under this Agreement,
including for termination of your account or deletion of your User
Content. If you have registered for an account, you may terminate this
Agreement at any time by contacting the Company and requesting
termination.

Effect of Termination.

Upon termination of this Agreement, any provisions that by their nature
should survive termination shall remain in full force and effect.
This includes, without limitation, ownership or intellectual property
provisions, warranty disclaimers, and limitations of liability.
Termination of your access to and use of the Services shall not relieve
you of any obligations arising or accruing prior to termination or limit
any liability that you otherwise may have to the Company or any third

party.You understand that any termination of your access to and use of the Services may
involve deletion of your User Content associated with your account from
our databases.

Return & Refund

We do not provide refunds on digitally delivered products; however, you are free
to cancel your membership at any time by contacting us. Please provide
your full name and account username/login and allow a minimum of 3
business days for your subscription to be cancelled. If you would like
to cancel your subscription before the next monthly billing, you must
contact us PRIOR to the charge being processed. We do not provide
refunds unless there was an error on our part.

No Warranty.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF
THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE
FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER
PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR
ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL
POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)
DAYS FROM THE DATE OF FIRST USE.

Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE
COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE
SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH
THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE,
REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF
DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE
DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS
FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THE SERVICES IS TO STOP USING THE SERVICES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE
LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification.

You agree to indemnify, defend, and hold harmless the Company and its
affiliates and their respective officers, directors, employees, agents,
affiliates, successors, and permitted assigns (collectively,
“Indemnified Party”) from and against any and all losses, claims,
actions, suits, complaints, damages, liabilities, penalties, interest,
judgments, settlements, deficiencies, disbursements, awards, fines,
costs, fees, or expenses of whatever kind, including reasonable
attorneys’ fees, fees and other costs of enforcing any right to
indemnification under this Agreement, and the cost of pursuing any
insurance providers, arising out of or relating to your breach of this
Agreement or your use or misuse of the Services including, but not
limited to, your User Content or any actions taken by a third party
using your account. The Company reserves the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to assist and cooperate with
our defense or settlement of these claims.

Disputes.

Governing Law.

All matters relating to this Agreement, and all matters arising out of or
relating to this Agreement, whether sounding in contract, tort, or
statute are governed by, and construed in accordance with, the laws of
the State of WY, without giving effect to any conflict of law
principles.

Dispute Resolution.

Any action or proceeding arising out of or related to this Agreement or the Services
shall be brought only in a state or federal court located in the State
of WY, although we retain the right to bring any suit, action, or
proceeding against you for breach of this Agreement in your country of
residence or any other relevant country. You hereby irrevocably submit
to the jurisdiction of these courts and waive the defense of
inconvenient forum to the maintenance of any action or proceeding in
such venues.

At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement,
interpretation, or validity thereof, to be submitted to and decided by a
single arbitrator by binding arbitration under the rules of the
American Arbitration Association in Sheridan, WY. The decision of the
arbitrator shall be final and binding on the parties and may be entered
and enforced in any court of competent jurisdiction by either party. The
prevailing party in the arbitration proceedings shall be awarded
reasonable attorneys’ fees, expert witness costs and expenses, and all
other costs and expenses incurred directly or indirectly in connection
with the proceedings, unless the arbitrator shall for good cause
determine otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the
Company in arbitration only in your individual capacities and in so
doing you hereby waive the right to a trial by jury, to assert or
participate in a class action lawsuit or class action arbitration
(either as a named-plaintiff or class member), and to assert or
participate in any joint or consolidated lawsuit or joint or
consolidated arbitration of any kind. Notwithstanding anything to the
contrary under the rules of the American Arbitration Association, the
arbitrator may not consolidate more than one person's claims, and may
not otherwise preside over any form of a representative or class
proceeding. If a court decides that applicable law precludes enforcement
of any of this paragraph's limitations as to a particular claim for
relief, then that claim (and only that claim) must be severed from the
arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Limitation to Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN [ONE (1) YEAR]
AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY WAIVED AND BARRED.

Miscellaneous.

Waiver.

Except as otherwise set forth in this Agreement, no failure of the Company to
exercise, or delay by the Company in exercising, any right, remedy,
power, or privilege arising from this Agreement shall operate or be
construed as a waiver thereof, nor shall any single or partial exercise
of any right, remedy, power, or privilege hereunder preclude any other
or further exercise thereof or the exercise of any other right, remedy,
power, or privilege.

Severability.

If any term or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, such invalidity,
illegality, or unenforceability shall not affect any other term or
provision of this Agreement or invalidate or render unenforceable such
term or provision in any other jurisdiction.

Entire Agreement.

This Agreement, together with all documents referenced herein, constitutes
the entire agreement between you and the Company with respect to the
subject matter contained herein. This Agreement supersedes all prior and
contemporaneous understandings, agreements, representations, and
warranties, both written and oral, with respect to the subject matter
hereof.

Headings.

Headings and titles of sections, clauses, and parts in this Agreement are for convenience only.
Such headings and titles shall not affect the meaning of any provisions
of the Agreement.

No Agency, Partnership or Joint Venture.

No agency, partnership, or joint venture has been created between you and
the Company as a result of this Agreement. You do not have any authority
of any kind to bind the Company in any respect whatsoever.

Assignment.

You shall not assign or delegate any of your rights or obligations under
this Agreement without the prior written consent of the Company. Any
purported assignment or delegation in violation of this Section shall be
deemed null and void. No assignment or delegation shall relieve you of
any of your obligations hereunder. The Company may freely assign or
delegate its rights and obligations under this Agreement at any time.
Subject to the limits on assignment stated above, this Agreement will
inure to the benefit of, be binding on, and be enforceable against each
of the parties hereto and their respective successors and assigns.

Opt-out

You can cancel the SMS service at any time. Simply text "STOP" to the
shortcode. Upon sending "STOP," we will confirm your unsubscribe status
via SMS. Following this confirmation, you will no longer receive SMS
messages from us. To rejoin, sign up as you did initially, and we will
resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more
assistance, or reach out directly to erle@profitturing.ai.

Carriers are not liable for delayed or undelivered messages.

Export Laws.

The Services may be subject to U.S. export control laws and regulations.
You agree to abide by these laws and their regulations (including,
without limitation, the Export Administration Act and the Arms Export
Control Act) and not to transfer, by electronic transmission or
otherwise, any materials from the Services to either a foreign national
or a foreign destination in violation of such laws or regulations.

Contact Information.

All notices of copyright infringement claims should be sent to the
designated copyright agent as provided in Section 7 (User Content). All
other feedback, comments, requests for technical support, and other
communications relating to the Services should be directed to
erle@profitturing.ai.

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