PLEASE REVIEW THESE TERMS OF USE BEFORE USING THIS WEBSITE (hosted at www.profittomarketing.com, and hereinafter referred to as the “Website”). This is a legal agreement between You and the owner of the Website, GritCo, LLC. (hereinafter referred to as the “Service Provider”) regarding the use of the Service Provider’s Website and related services. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 18 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE WITH SERVICE PROVIDER.

‍By using the Website, You represent and warrant that You have read and understood, the following terms of service, conditions, policies, etc. (“Terms of Service”) including those available by hyperlink, regarding the Website, which may be updated by Service Provider from time to time. Please check this page regularly to take notice of any changes Service Provider may have made to the Terms of Service. 

Service Provider reserves the right to review and withdraw or amend the services without notice. If You do not agree with any part of the Terms of Service, cease any and all access of this Website immediately.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If You are a minor, You must have Your parent or guardian read and agree to these Terms of Service prior to You using the Services.

The Service Provider provides a range of services including but not limited to, building custom web and mobile software, cross-platform and cross-browser web-based applications and native mobile applications available on Android and iOS, digital marketing services for entrepreneurs, small to medium-sized companies, and large enterprises, and other related services (“Service(s)”).

The domain name Website is a site operated by the Service Provider, a Service Provider incorporated under laws of Utah, United States with Service Provider’s registered office at 438 S 1310 W, Hurricane, Utah, United States - 84737.

1. definitions

In these Terms of Service, except where the context otherwise requires, (i) capitalized terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following words and expressions used in these Terms of Service shall have the following meanings, respectively:  

1. “Affiliate” with respect to: a corporation, partnership, association, trust, individual or any other entity (in each case, a “Person”), means any Person who, Controls, is Controlled by or is under common Control with such Person, including, without limitation any general partner, officer or director of such Person and any venture capital fund now or hereafter existing which is Controlled by or under common Control with one or more general partners or shares the same management company with such Person.
2. “Contribution” shall have the meaning ascribed to it in Clause 4.2 of these Terms of Service. 
3. “Content” means any Content in any form published on the Website by Service Provider or any third party with Service Provider’s consent which includes but is not limited to any or all text, images, video, audio, graphics, and other data, products, materials, services, text, pointers, technology, code, language, functions and software, etc.
4. “Intellectual Property Rights” shall refer to all brands, copyrights (including rights in computer Software), database rights, user-interface designs, any other design rights, domain names, getup, images, internet domain names, logos, logotypes, marketing concepts, manufacturing, moral right, patents, photographs, product designs, product names, service marks, trademarks, trade names, trade secrets, other knowhow, and study/course materials, books and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world. 
5. “Placement Time” shall refer to the timestamp as recorded on the Service Provider’s website as soon as the payment for an order is completed and an order number is generated.
6. “Service(s)” shall have the meaning ascribed to it in the Recitals to these Terms of Service.
7. “Submissions” shall have the meaning ascribed to it in Clause 4.1 of these Terms of Service.
8. “User/You/Your” shall refer to anyone who uses or accesses the Website or any Service provided by the Service Provider.
9. “Website” shall have the meaning ascribed to it in the Recital of these Terms of Service and includes mobile services as stipulated in Clause 12 of these Terms of Service.

2. our services

• The Information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Service Provider to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, If and to the extent local laws are applicable. 

3. terms and conditions for users

• The use of the Website is subject to the following conditions and on the following terms:
• • Any person who accesses and/or uses the Website in any manner shall be subject to these Terms of Service for use and be bound by the policies formulated by the Service Provider.
  • The Content of the pages of the Website is for Your general information and use only, and not intended as a means to induce the User into purchasing from the Service Provider. Any purchase made by you, whether on the Website or otherwise, is entirely of Your own volition and without any inducement from the Service Provider or the Website.  
  • Any use of the Services or access of the Website constitutes Your consent to the Terms of Service. By using the Website, You signify Your acceptance of these Terms of Service and agree to be legally bound by them. If at any time, You do not agree or wish to be bound by these Terms of Service, You may choose not to access use the Website. If you continue to use this Website, you will continue to be bound by these Terms of Service. These Terms of Service supersede all previous terms and conditions communicated to You by the Service Provider, for the use of the Website and all rights and liabilities of the Service Provider with respect to any Services to be provided will be limited to the scope of these Terms of Service. Service Provider may update/modify/amend these Terms of Service (including any portion of it) at any time, with or without advance notice.
  • Neither Service Provider, nor its Affiliates, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Service Provider expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your access of, use of, or reliance on any of the Content is entirely at Your own risk, for which the Service Provider shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through Service Provider’s Website meet Your specific requirements. The Service Provider shall also not be liable for any injuries, losses, or damages caused by Your access of, use of or reliance on any of the Content.
  • Unauthorized use of the Content or any of the Service Provider’s or its Affiliates’ products may give rise to a claim for damages and/or be a criminal offense – for which the User is solely responsible
  • You may not create a link to the Service Provider’s Website from another Website or document without the Service Provider’s prior written consent.

• By registering, visiting or using the Services, You hereby represent and warrant to the Service Provider that You are of legal age as per the governing law of Your country of residence, and that You have the right, authority and capacity to use the Services, and agree to abide by the Terms of Service. If a User is below 18 years of age, it is assumed that he/ she is using/ browsing the Website under the supervision of his/ her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of these Terms of Service, including terms of purchase of Products, on behalf of the minor User. If this is not the case, You must immediately cease all access and/or use of the Website.
• The Terms of Service is governed by the provisions of state laws of Georgia.
• The Service Provider authorizes You to view and access the Content solely for identifying Services, carrying out purchases of Services and processing returns and refunds, in accordance with Return and Refund Policy provided here in below, if any. The Service Provider, therefore, grants You a limited, revocable permission to access and use the Content. This permission does not include a permission for carrying out any resale of the Services or commercial use of the Content, description and, any derivative use of the Website or of the Content.
• Users may make purchases or solicit further information from Service Provider on the Website. For the purposes of identifying a User, the Service Provider may, from time to time, collect certain personally identifiable information including, but not limited to Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, and similar information.
• You agree to maintain and promptly update all data provided by You and to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current, incomplete, or if Service Provider has reasonable grounds to suspect that the information provided by You is untrue, inaccurate, not current, incomplete, or not in accordance with the Terms of Service, Service Provider reserves the right to indefinitely suspend, terminate or block Your access to the Website, and refuse to provide You with access to the Website in future. You will fully indemnify Service Provider for any losses that may occur due to any failure to maintain data as per this Clause 3.6. This right is in addition to any other remedies Service Provider may have at law. 
• While the Service Provider shall make reasonable efforts to maintain high standards of security and shall provide the Services by using reasonable efforts, Service Provider shall not be liable for any interruption that may be caused to Your access or use of the Services.

• The Services included on or otherwise made available to the Users through the Website are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. The Service Provider does not covenant or warrant that:
• •  the Services will be made available at all times; or
  • the Content available on the Website is complete, true, accurate or non-misleading.

4. intellectual property rights

• The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Service Provider, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

• These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
• • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution, if expressly allowed in the Website.
  • If we provide links to websites and social media features, with certain content, you may take such actions as are enabled by such features.

• You must not:
• • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

• You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
• If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Service Provider. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
• The Service Provider’s name, brand and logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Service Provider or its affiliates or licensors. You must not use such marks without the prior written permission of the Service Provider. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

5. Your Submissions and Contributions

• Submissions: When You directly send Service Provider any question, comment, suggestion, idea, feedback, or other information related to the Services (referred to as “Submissions”), You consent to assigning to Service Provider all intellectual property rights associated with such submission. You acknowledge that Service Provider will possess ownership of these Submissions and retain the unrestricted right to use and distribute them for any lawful purpose, be it commercial or otherwise, without any requirement to acknowledge or compensate You.

• Contributions: Service Provider’s Services may offer opportunities for You to engage in chat sessions, contribute to discussions, or participate in blogs, message boards, online forums, and similar features, where you can create, submit, post, display, transmit, publish, distribute, or share content and materials with Service Provider or through the Services. These materials encompass, but are not limited to, text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or any other material ("Contributions"). All Contributions will be treated as Submissions and, any Submission that is made public will also be treated as a Contribution.
• You are solely responsible for Your Submissions and You expressly agree to reimburse Service Provider for any and all losses that Service Provider may suffer because of Your breach of this clause.
• You acknowledge and accept that any Contributions You make may be accessible to other Users of the Services. 
• Any Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any Contribution on the Website, you grant the Service Provider and their affiliates, and assign the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose the Service Provider deems fit.
• You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns.

6. User Representations 

• By using the Services, you represent and warrant the following: 

• • You have the legal capacity and you agree to comply with these Legal Terms; 
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; 
  • You will not access the Services through automated or non-human means, whether through a bot, script or otherwise; 
  • You will not use the Services for any illegal or unauthorized purpose; and 
  • Your use of the Services will not violate any applicable law or regulation.

7. terms of sale

• This site does not constitute any offer for any of the services or products discussed or described herein. All purchases, sales, or offers of service will be subject to separate terms of service and must be solicited from Service Provider.

8. privacy

• In connection with Your use of the Services, Service Provider may collect, store, use, share, and/or process certain information about You and Your interaction with Service Provider’s Services. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by the Service Provider with respect to your information in compliance with the Privacy Policy. 

9. Third-Party Information

• As You browse through this Website You may come across other third-party websites that are subject to different terms of use. You agree and acknowledge that:

• • When using these other sites, You will be bound by the terms and conditions posted on those websites. Nothing in Your use of such a third-party website or these Terms of Service grants You any right, title or interest in or to such third-party information except for the limited right to use the Website as set out in these Terms of Service. 
  • Service Provider does not have control over third-party websites, each of which may be governed by its own terms of service and privacy policy.  Service Provider has not reviewed, and cannot review, third-party websites, and therefore does not warrant or endorse any third-party website or the content appearing thereon. Service Provider does not endorse, recommend or approve of any information, products or services referred to such third-party websites and assumes no responsibility for the Contents of any other website to which this Website offers links. Service Provider shall not be held liable in any manner for Your usage of any such third-party information. Your usage of such links and such third-party websites is solely at your own risk.
  • It is up to You to take sufficient precautions to ensure that whatever links You select, whether from the Website, or other Services, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature. 

10. Intellectual Property Rights

• All Intellectual Property Rights used on the Website by the Service Provider, including the Content, shall remain the property of the Service Provider, its parent company, group companies and subsidiaries.
• Except as provided in these Terms of Service, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Service Provider, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Website, as the case may be.
• You expressly agrees that any intellectual property created by You either on Your own while using the website or through means of collaboration with Service Provider shall remain the property of Service Provider. 
• If at any time You acquires any right (either accidentally or through any other means) in any of Service Provider’s intellectual property, the User agrees to assign such rights, registrations, or applications to Service Provider or to another third party as Service Provider may designate in its sole discretion, along with any and all associated goodwill, without any additional cost or compensation, and to execute any documents necessary to effectuate such transfer
• If You believe that Your intellectual property rights have been used in a way that raises concerns of infringement, please write to Service Provider at contact@profittomarketing.com. 

11. Prohibited Activities 

•  You may not access or use the Services for any purpose other than that for which the Service Provider makes the Services available. You may use the Website only for lawful purposes and in accordance with these Terms of Use. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Service Provider.
• As a User of the Services, You agree not to:

• • to collect or track the personal information of others;
  • use any information obtained from the Services in order to harass, abuse or harm any other person;
  • solicit others to perform or participate in any unlawful acts;
  • infringe upon or violate Service Provider’s intellectual property rights or the intellectual property rights of others;
  • upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the internet;
  • phish, spam, pharm, pretext, spider, crawl or scape;
  • collect or track the personal information of others;
  • sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes, any portion of, use of or access to, any Website, except where expressly authorized by Service Provider;
  • to extract, gather, collect, or store personal information about others without their express consent;
  •  impersonate or falsely represent Your association with any person, including a representative of the Service Provider;
  • use the Services as part of any effort to compete with Service Provider or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise

• Service Provider reserves the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.

12. Mobile Services

• The Service may include certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent You access the Service through a mobile device, Your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, You may provide Your telephone number. By providing Your telephone number, You consent to receive calls and/or SMS, MMS, iMessages, Whatsapp messages or text messages at that number. Service Provider may share Your phone numbers with Service Provider’s affiliates or with Service Provider’s service providers (such as customer support, billing or collections companies, and text message service providers) who Service Provider has contracted with to assist Service Provider in pursuing Service Provider’s rights or providing their Services under these Terms, Service Provider’s policies, applicable law, or any other agreement Service Provider may have with You. In the event You change or deactivate Your mobile telephone number, You agree to promptly update Your account information to ensure that Your messages are not sent to the person that acquires Your old number.

13. Modifications and Interruptions 

• Service Provider reserve the right to change, modify, or remove the contents of the Services or Website at any time or for any reason at Service Provider’s sole discretion without notice. However, Service Provider has no obligation to update any information on Service Provider’s Services. Service Provider will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
• Service Provider cannot guarantee the Services will be available at all times. Service Provider may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. Service Provider reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that Service Provider shall have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Service will be construed to obligate Service Provider to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. Limitation of Liability

• IN NO EVENT WILL SERVICE PROVIDER OR SERVICE PROVIDER’S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR WEBSITE, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SERVICE PROVIDER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SERVICE PROVIDER. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Severability

• If any provision of the Terms of Service is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Terms of Service shall continue to be in full force and effect.

16. Term and Termination

• The Terms of Service will remain in full force and effect while You use any Service of the Service Provider in any form or capacity.
• The Service Provider reserves the right to terminate any account in cases:

• • the User breaches these Terms of Service, the Service Provider’s Privacy Policy, or any other policies issued by the Service Provider (as promulgated from time to time);
  • the Service Provider is unable to verify or authenticate any information provided to Service Provider by a User; or
  • the Service Provider believes in its sole discretion that the User’s actions may cause legal liability for such User, any other User of the Service Provider, or for Service Provider or are contrary to the interests of the Service.

• You may terminate these Terms of Service at any time, provided that You immediately discontinue any further use of the Website or Services. Upon termination of these Terms of Service and/or cancellation of the User’s registration/account:

• • It is specifically clarified that any termination of the Terms of Service by a User shall not cancel Your obligation to pay for a Service purchased from the Service Provider, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
  • You shall not be entitled to any reimbursement of any amount paid to the Service Provider for their Services. 

• Any provision of these Terms of Service which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Service shall survive the termination or expiration of the Terms of Service.

17. Indemnification

• You agree to defend, indemnify, and hold Service Provider harmless, including Service Provider’s subsidiaries, affiliates, and all of Service Provider’s respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys" fees and expenses, made by any third party due to or arising out of:

• • use of the Services; 
  • breach of these Terms of Service; 
  • any breach of Your representations and warranties set forth in these Terms of Service;
  • Your violation of the rights of a third party, including but not limited to intellectual property rights; or 
  • any overt harmful act toward any other user of the Services with whom you connected via the Services. 

• Notwithstanding the foregoing, Service Provider reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Service Provider, and you agree to cooperate, at Your expense, with Service Provider’s defense of such claims. Service Provider will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
• None of the directors, officials or employees of the Service Provider shall be personally liable for any action in connection with the Website or the Services. 
• The User shall be liable hereunder for his own negligence, willful misconduct, or bad faith conduct. The User agrees to indemnify the Service Provider against all liabilities, including costs and counsel fees, for anything done or omitted by the User in the execution of these Terms of Service.  

18. Dispute Resolution and Governing Law

• All matters arising out of or relating to these Terms of Service are governed by and construed in accordance with the internal laws of the State of Atlanta without giving effect to any choice or conflict of law provision or rule (whether of the State of Atlanta or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State or Atlanta. 
• These Terms of Service and any dispute, controversy, proceedings or claim of whatever nature (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between You and the Service Provider arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.  

• • The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. 
  • The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
  • You agree to an arbitration on an individual basis. In any dispute, YOU WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
  • If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

19. Electronic Communications, Transactions and Signatures

• Visiting the Services, sending Service Provider emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. and you agree that all agreements, notices, disclosures, and other communications Service Provider provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY SERVICE PROVIDER OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

20. Waiver

• No waiver by the Service Provider of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Service Provider to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
• If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Geographic Restrictions

• The owner of the Website is based in the State of Wyoming in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

22. Notice

• All queries, notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
  ‍Postal Address - 438 S 1310 W, Hurricane, Utah, United States - 84737
  Email Address - contact@profittomarketing.com