ProfitDig, LLC ("ProfitDig", "the Company", "we" or "our"), provides an online service located at www.profitdig.com to help construction companies and similar types of businesses bid on projects and accurately track costs and expenses against those bids. All of the functionality of the ProfitDig website will be referred to as the "Service" or the "System."
Use of the ProfitDig Service implies acceptance and compliance with all of Terms described in the remainder of this document, without exception, including use by an individual on behalf of another organization or company.
Only those who are legally able to form a binding contract with ProfitDig may use the service. ProfitDig reserves the right to refuse use of the Service to non-compliant users. ProfitDig also maintains the right to modify or terminate the Service or any portion of the Service completely without prior notice.
You retain ownership of all data, company information, or other content uploaded or added through the Service.
You may not use ProfitDig to:
ProfitDig reserves the right to deny use of the Service to anyone we deem as violating any of the provisions above.
While your data is private, we do reserve the right to disclose any information necessary for the following reasons:
It is the responsibility of the user to provide accurate information when signing up for use of the ProfitDig Service, and to protect access information (user names and passwords) to prevent unauthorized use or access to the System. It is recommended that the user create a complex password using a combination of upper and lower-case letters, as well as numbers. It is your responsibility to protect your login credentials. ProfitDig is not liable for any loss or damage resulting from failure on your part to protect this information. You must notify ProfitDig immediately of any unauthorized use of your account or any other type of security breach.
The user of the Service is solely responsible for any content he uploads to the ProfitDig system. ProfitDig does not endorse any user or any user's information, and cannot guarantee the truthfulness or accuracy of any information posted to the system by a user. ProfitDig is not liable for any results occurring from the use of information posted to the System.
You, the user of ProfitDig, are responsible for any information entered into the System, and any results or negative consequences from such use. You are liable for any improper or unlawful use or data entry. By using the ProfitDig system, you warrant that you have all necessary rights and authority to upload or use your content in accordance with these Terms.
You agree not to abuse or use the ProfitDig system inappropriately. You may not:
All of the above apply to international users, as well as users within the United States.
We reserve the right to refuse service or terminate service for any account which we believe violates any of the above terms.
ProfitDig collects information from its users and may use this information for internal communication and ProfitDig-related marketing purposes. By using the ProfitDig system, you agree to abide by this policy.
ProfitDig, LLC owns all rights and interests in the ProfitDig system, and only ProfitDig, LLC may use our name, logo, domain names, websites, branding, marketing materials, or any other asset, unless specific permissions are given to specific third parties. ProfitDig also retains the right to use any comments or feedback provided by users of the System, without obligation.
ProfitDig provides you a personal, non-transferrable, non-exclusive, worldwide license to use of the Service. We reserve the right to terminate this license at any time for any reason.
You agree to ProfitDig for your level of Service as described on the Pricing page of the ProfitDig website. Subscription payments are due monthly, payable on the anniversary monthly date when service was initiated; or on the anniversary date for annual subscriptions.
You authorize ProfitDig, LLC to charge your credit card or other payment method monthly or annually for your selected level of service, and represent that you have the authority to authorize charges on the credit card.
All fees are non-refundable and payable at the beginning of the service period, except for free trial offers. Account access may be suspended for lack of or late payment.
It is possible that the system may display information from, connect to, or link to third party services (for example, third party accounting package APIs). We have no control or responsibility for the use of these third party services or websites, and we are not responsible for how such services make use of information received as a result of use of the ProfitDig system.
You agree to indemnify and hold harmless ProfitDig, and licensors, and their employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service.
We reserve the right to modify these Terms on occasion, and your continuing use of our Service implies your continuing to be bound by the revised Terms. Any major change to the Terms will be posted to the website or sent via email to registered users.
ProfitDig is provided on an "as is, as available" basis. To the maximum extent permitted by law, this service is provided with no warranties of any kind. You use the service at your own risk. We make no guarantees regarding the appropriateness of the service for your particular business, or with respect to any particular financial results from use of the System. We are not responsible for any damage to your computer systems as a result of use of the System.
To the maximum extent as permitted by law, in no event shall ProfitDig or its employees, officers or affiliates by held liable for any damages of any kind that result from use of the System, including damages for loss of profits, goodwill, data, or any other loss. ProfitDig will not be held liable for any damage or loss resulting from unauthorized or tampered use of the System.
To the maximum extent as permitted by law, ProfitDig assumes no responsibility or liability for any errors or mistakes; property damage resulting from use of the system; or any other material or immaterial results.
ProfitDig is operated from the United States, and we make no representations about its appropriateness of availability to those in other locations. You may not use the system if you are based in a country embargoed by the United States; and you agree to be responsible for use of the system in compliance with United States and local laws and regulations.
These Terms, rights and licenses granted may not be transferred or assigned to another party, although we may do so without restriction.
These Terms shall be governed in accordance with the laws of the United States of America and the state of Tennessee. For purposes of these Terms, you consent to exclusive jurisdiction and venue in United States Federal court or state of Tennessee court.
You agree to waive the right to participate in in any class action lawsuit against ProfitDig.
No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ProfitDig's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, you may contact us at firstname.lastname@example.org