Terms


Terms of Service Agreement 

By using Profiseer and/or domainname.com, which are services of Headracket Technologies, LLC (also referred to here as “Headracket”), you agree to be bound by the following terms and conditions (“Terms of Service”). This is a legally binding agreement between you and Headracket. 

These Terms of Service govern your use of the Profiseer online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). Violation of any of these terms will result in the termination of your Account. You agree to use the Services at your own risk.

The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services. Headracket reserves all rights of ownership in the Services not expressly granted to you. As long as you meet applicable payment obligations and comply with this Agreement, Headracket grants to you a personal, limited, nonexclusive, nontransferable license to use the Services.

Account Terms 

1. You must be 18 years or older to use this Service.
2. You must be a human. Registration or use of accounts by “bots” or other automated methods are not permitted. 
3. You must provide your legal full name and the legal name of the business you represent, a valid email address, and any other information requested in order to complete the signup process. 
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like if you pay the accompanying fee. 
5. You are responsible for maintaining the security of your account and password. Headracket cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to notify Headracket immediately if the security of your account or password is compromised. 
6. You are responsible for all activity that occurs under your account, including activity by others who have access through your account.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
8. You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Headracket in writing, you agree you will not: 
• Provide access to or give any part of the Services to any third party. 
• Modify, disrupt or interfere with the Services, supporting servers, or networks either manually or through the use of scripts, viruses, or worms. 
• Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
• Attempt to access any other systems that are not part of these Services.
• Excessively overload the Headracket systems used to provide the Services. 
• Disclose the pricing information available to you through the Services to any third party. 
• Modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Headracket, or any other Headracket service. 
9. You understand that Headracket uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. 

Pricing and Payment 

1. Your price is established at the time you subscribe to the Services. Headracket may at any time change your price by notifying you in writing. Any change in price will be effective at the next upcoming monthly billing cycle.
2. Your subscription to the Services is billed in advance on a 3 month or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. Headracket will automatically renew your subscription to the Services at the current rates each month, unless the Services are cancelled or terminated under this Agreement. 
3. You must pay with one of the following: 
a. A valid credit or debit card acceptable to Headracket; 
b. A confirmed Paypal or other Internet-based remittance account; 
c. Sufficient funds in a bank account to cover an electronic debit of the payment due. 
4. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. 
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. 
6. Additional cancellation or renewal terms may be provided to you on the website for the Services.

Content and Confidentiality 

1. The information you enter into the Services (“your Content”) is your property exclusively. You have sole responsibility for the accuracy and quality of your Content in your use of the Services. Headracket will not back up your Content and is not responsible for the storage of your Content while you are not actively using the Services. 
2. Headracket agrees to hold your Content in confidence. Headracket will take reasonable steps to ensure that your Content is not disclosed to any third party. 
3. Your use of the Services may provide you with proprietary pricing and quantity information belonging to third-party Suppliers (“Supplier Data”). You agree to limit your use of Supplier Data to the provision of pricing estimates for specific paying customers or prospective customers of your business (“Customers”). You shall not record or accumulate Supplier Data for any purpose not related to your use of the Services. You shall take reasonable steps to ensure that Supplier Data is not disclosed to any third party other than your Customers. 

Cancellation and Termination 

1. You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again. An email or phone request to cancel your account will not result in cancellation. No refunds are given. 
2. All of the information you have entered into the Services (your “Content”) will be immediately deleted upon cancellation. This information can not be recovered once your account is cancelled. 
3. Headracket, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all of your Content in your account.
4. Headracket reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. 

Changes to This Agreement or the Services 

We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Headracket posts or otherwise notifies you of any changes, indicates your agreement to the changes.

Limitation of Warranty and Liability 

1. YOUR USE OF THE SERVICES AND PROVISION OF YOUR CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEADRACKET, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. HEADRACKET AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION, OR THAT ANY ERRORS WILL BE CORRECTED. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, AND ITS SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: 
a. INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; 
b. DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THESE LIMITATIONS APPLY EVEN IF INTUIT AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
3. You agree to indemnify and hold Headracket and its Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or your breach of this Agreement (collectively, "Claims"). Headracket reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Headracket in the defense of any Claims. 

Miscellany 

1. This Agreement is the entire agreement between you and Headracket and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. 
2. The law of Florida governs this Agreement. 
3. All claims or disputes arising from this Agreement or the use of the Services shall be resolved by binding arbitration under the Commercial Rules of the American Arbitration Association. 

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