Last Updated: May 29, 2023
Please read these Terms of Service ("Terms") carefully. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SITE.
1. Service and Website. ProfitHunter (referred to, as applicable, as "ProfitHunter", the "Service", "we" or "us") provides software and educational services intended to assist merchants selling on Amazon. ProfitHunter is owned and operated by ACTIVOS DE VALOR, LLC, a Delaware limited liability company.
2. Customer. As a customer of the Service or a representative of an entity that is a customer of the Service, you are a "Member" according to this agreement (or "you"). You represent that you have full power, capacity and authority to accept these Terms on behalf of yourself or your employer.
3. Account Requirements. To set up an account and use the Service you must:
4. Account Ownership. The member who created the account and whose Payment Method is charged (the "Account Owner") has access to and control over the account. Account owners are not allowed to share their account or log-in credentials with any other party unless explicitly stated otherwise in the plan details. You must immediately notify us of any unauthorized use at info@profithunter.tools.
5. Billing. ProfitHunter may offer the Service through a variety of billing methods, including one-time subscriptions, monthly recurring subscriptions, and annual recurring subscriptions. ProfitHunter will bill you on the date you subscribe and will continue billing in accordance with your selected Subscription until you cancel. Subscription fees are fully earned upon payment.
6. Payment Methods. To use the Service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Profile" page of our Website. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined.
7. Cancellation. You can cancel your membership at any time, and you will continue to have access to the Service through the end of your pre-paid billing cycle. We do not provide refunds or credits for any partial membership periods. To cancel, navigate to your account profile, select plans, and follow instructions, or contact info@profithunter.tools.
8. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing at any time. Any price changes will take effect following notice to you.
9. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
10. Money Back Guarantee. If you contact our Customer Support department within 7 days of your original sign-up, you are eligible for our Money Back Guarantee. Only your first purchase is subject to this guarantee; renewal orders or subscription payments are not eligible under any circumstances.
11. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, PROFITHUNTER OFFERS THE WEBSITE AND SERVICE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability. IN NO EVENT WILL PROFITHUNTER, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US THE MONTH BEFORE.
13. Results Not Guaranteed. ProfitHunter makes no guarantee or representation of any kind concerning the results of your use of the Website or Service. Any testimonials or examples displayed are only examples of what may be possible.
14. Indemnification. You agree to indemnify and hold ProfitHunter harmless from any demands, loss, liability, claims or expenses made against ProfitHunter by any third party due to or arising out of your use of the Service.
15. Third Party Resources. The Website and Service may contain links to third party websites. We are not responsible for the availability, accuracy, content or policies of third party websites.
16. Security. We take all reasonable technical and organizational precautions to protect the confidentiality, security and integrity of your Personal Data.
17. Storage. The Personal Data that you provide to us is generally stored on servers located in the United States.
18. Retention. We will retain your information for as long as needed to provide you with our service. If you wish to cancel your account, contact us at info@profithunter.tools.
19. Privacy Policy. ProfitHunter may use and disclose your information according to our Privacy Policy.
20. Intellectual Property. The Website, its original content, features, functionality, trademarks, service marks, logos, and Service content are owned by ProfitHunter and are protected by United States and international intellectual property laws.
21. Customer Data. As between you and ProfitHunter, you own all right, title, and interest in and to the Customer Data. You hereby grant ProfitHunter a non-exclusive, royalty-free, worldwide license to use the Customer Data for providing the Service and for analytics purposes.
22. International Users. The Service is controlled and administered from our offices within the USA and Mexico. If you access the Service from outside the USA, you are responsible for compliance with all local laws.
23–28. Compliance with Law, Force Majeure, Severability, Headings, Waiver — standard provisions apply. See full legal text for details.
29. Governing Law. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules.
30. Dispute Resolution. Any dispute shall be settled exclusively by binding arbitration in Rockland County, New York, in accordance with the expedited Commercial rules of the American Arbitration Association.
31. Assignment. You may not assign any of your rights under this agreement. We may assign our rights at our discretion.
32. Notice. All notices will be sent to the last email or physical address you provided. Notices to us should be sent to:
info@profithunter.tools
ACTIVOS DE VALOR (dba: ProfitHunter)
1 Blue Hill Plaza, STE 1509
Pearl River, NY 10965
33. Copyright Infringement. If copyrighted content that belongs to you was posted on the Website without your permission, please notify us at info@profithunter.tools.
34. Electronic Communications. You consent to receive communications from us electronically.
35. Entire Agreement. These terms, together with our Privacy Policy and any additional terms you have agreed to, constitute the entire agreement with respect to its subject matter.
