Terms of Use

Effective date: January 1, 2019

Basic Terms

  1. Visitors, users, and others who access the Service ("Users") may be any age if strictly using our mobile services, website, and any software provided on or in connection with ProFit™ ("ProFit," "ProFit Rx," "ProFit Rx, LLC," "we," "us," or "our") services (collectively, the "Service") for daily workout programming, nutrition, or advice.
  2. A User must be at least seventeen (17) years of age to input a payment method to participate in real money events/contests ("Cash Prize Competitions") and/or win cash prizes offered by the Service or Competition itself.
  3. By inputting a payment method to participate in Cash Prize Competitions, the User hereby affirms that they are the lawful owner of the payment method account used to make any deposit(s) or withdrawal(s) to and from the Service. It shall be a violation of these Terms of Use for any User to submit payment using any payment method that is not owned by the User. The User further agrees to any verification means necessary for ProFit to validate the account. ProFit reserves the right to credit or debit notified amounts to or from the account in question for verification purposes.
  4. If any deposit is charged back, any winnings generated from such deposit will not be credited to your account balance. In addition, the account itself will be invalidated and additional verification may be needed. ProFit reserves the right to suspend/terminate your account (without notice) shall a deposit be charged back.
  5. In jurisdictions, territories, and locations where the minimum age for permissible use of the above aspects of the Service is greater than seventeen (17) years old, you must meet the age requirement in your local jurisdiction or territory.
  6. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos/videos or other content via the Service.
  7. You may establish only one account per person to participate in the Service's offerings. In the event ProFit discovers that you have opened more than one account per person, in addition to any other rights that ProFit may have, ProFit reserves the right to suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.
  8. You are responsible for maintaining the confidentiality of your login credentials and passwords and you accept responsibility for all activities, charges, and damages that occur under your account (Only you are responsible for keeping your password secret and secure). It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
  9. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, connections, username/handle, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, ProFit prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to ProFit upon registration and at all other times will be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  10. You agree that you will not solicit, collect or use the login credentials of other ProFit users.
  11. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, banking information, non-public phone numbers, or non-public email addresses.
  12. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local, and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  13. You are solely responsible for your conduct and any data, text, files, information, usernames/handles, images, graphics, photos, videos, profiles, audio clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, "Content") that you submit, post, or display on or via the Service.
  14. You must not change, modify, adapt, or alter the Service or change, modify, or alter another website so as to falsely imply that it is associated with the Service or ProFit.
  15. You must not access ProFit's private API by means other than those permitted by ProFit.
  16. You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications (a/k/a "spam") to any ProFit users.
  17. You must not use domain names or web URLs in your username/handle without prior written consent from ProFit or the associated owner of the pertaining domain name or URL.
  18. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ProFit page is rendered or displayed in a user's browser or device.
  19. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper.
  20. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other ProFit terms. Violation of these Terms of Use may, in ProFit's sole discretion, result in suspension/termination of your ProFit account. You understand and agree that ProFit cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for ProFit, we can stop providing all or part of the Service to you.

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If you wish to remove or terminate your account, please contact us. If we terminate your access to the Service, your videos, comments, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your profile and view your photos/videos), but those materials and data may persist and appear within the Service (e.g. if your Content was associated with a Competition).
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. We reserve the right to force forfeiture of any username/handle for any reason.
  6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that ProFit is not responsible or liable for the conduct of any user. ProFit reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  8. There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party website or feature, including applications that connect the Service or your profile on the Service with a third-party website or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality may require you to login to your account on the third-party service and you do so at your own risk. ProFit does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that ProFit is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if ProFit has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the ProFit Parties (defined below) harmless for activity related to the Application.
  9. You agree that you are responsible for all data charges you incur through use of the Service.
  10. We prohibit crawling, scraping, caching, or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos/videos (except as may be the result of standard search engine protocols or technologies used by a search engine with ProFit's express consent).

Rights

  1. ProFit does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to ProFit a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here https://pr.fit/support/privacy, including but not limited to sections 3 ("Sharing of Your Information"), 4 ("How We Store Your Information"), and 5 ("Your Choices About Your Information"). You ultimately choose who can view your Content and activities (e.g. by entering a public ("Open") Competition and posting a video entry you are granting permission for other Users of the Service to publicly see your submission), including your photos/videos, as described in the Privacy Policy.
  2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ProFit may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  4. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  5. The Service contains content owned or licensed by ProFit™ ("ProFit Content"). ProFit Content is protected by copyright, trademark, patent, trade secret, and other laws; and, as between you and ProFit™, ProFit™ owns and retains all rights in the ProFit Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the ProFit Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the ProFit Content.
  6. The ProFit™ name and logo are trademarks of ProFit™, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ProFit™. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ProFit™, and may not be copied, imitated or used, in whole or in part, without prior written permission from ProFit™.
  7. Although it is ProFit's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, ProFit reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by ProFit, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, ProFit encourages you to maintain your own backup of your Content. In other words, ProFit is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. If ProFit finds evidence of the above, it may result in immediate supspension/termination of the associated account. ProFit will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  8. You agree that ProFit is not responsible for, and does not endorse, Content posted within the Service. ProFit does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  9. Except as otherwise described in the Service's Privacy Policy, available at https://pr.fit/support/privacy, as between you and ProFit, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with ProFit is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place ProFit in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of ProFit, and ProFit will not be liable for any use or disclosure of any Content you provide.
  10. It is ProFit's policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, ProFit does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that ProFit is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Competition Entry

Users will be able to visit the Service and view the contests ("Competitions") available for entry. Each individual Competition that is not free to enter has a service fee listed in US dollars. For all purposes of the Service, any fee labeled "entry fee" shall be referred to and looked at as service fees offered in exchange for the use of the Service. When you select to participate in a Competition and complete the entry process, the listed amount of US dollars will be debited from your ProFit account, taken from your verified bank account, or charged to your PayPal account after User approval of the transaction.

Refund Policy

Deposits made on our site will appear on your statement as PRO FIT RX. All payments are final. No refunds will be issued unless ProFit deems the refund is justifiable. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.

If you are charged any unexpected fee or amount please contact support@pr.fit and request a transaction audit. To process your request, ProFit will need the following information: (i) original transaction date and amount deposited; (ii) the statement descriptor of the transaction. ProFit reserves the right to request additional information to process your request. ProFit will review your submission and if ProFit determines that you have been charged incorrectly or unjustly, ProFit will credit such amount back to your account.

Conditions of Participation

By entering a Competition, entrants agree to be bound by these Rules and the decisions of ProFit, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Competition, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information ProFit deems to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other entrants. These Terms of Use prohibit entering a Competition if the entrant is:

  • Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants of a Competition and that provides the entrant an advantage in such a Competition ("Pre-Release Data");
  • Breaches any rules or policies of the entrant’s employer, of any sports governing body (e.g. policies regarding performance enhancing drugs), or any other professional body of which the entrant is a member, including any rule or policy regarding participation in contests or accepting prize money;
  • Any person prohibited from participating pursuant to court order;
  • Any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Competition from any person who is prohibited from entering a Competition as provided in these Terms of Use.

In addition, conduct that would be deemed improper also includes, but is not limited to:

  • Falsifying personal information required to enter a Competition or claim a prize;
  • Engaging in any type of financial fraud including unauthorized use of banking instruments to enter a Competition or claim a prize;
  • Colluding with any other individual(s) or engaging in any type of syndicate play (e.g. colluding with the User that was selected to judge the Competition ("Judge"));
  • Any violation of Competition rules or the Terms of Use;
  • Using a single account to participate in a Competition on behalf of multiple entrants or otherwise collaborating with others to participate in any Competition;
  • Using automated means (including but not limited to scripts and third-party tools) to interact with the Service in any way (this includes, but is not limited to: creating a Competition, entering a Competition, and adding/withdrawing funds);
  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Service or of any User for any purpose.
  • Any type of bonus abuse or abuse of any other offers or promotions;
  • Tampering with the administration of a Competition or trying to in any way tamper with the computer programs or any security measure associated with a Competition;
  • Obtaining other entrants information and spamming other entrants; or
  • Abusing the Service in any way.

By entering into a Competition or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless ProFit, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Competition, the receipt, ownership, use, or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. ProFit may, in its sole and absolute discretion, require a User to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded any prize or receiving any payout.

ProFit is not responsible for: any incorrect, invalid or inaccurate entry information; human and/or judging errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Competition), including without limitation any injury or damage to any entrant's or any other person's body, computer, or video equipment relating to or resulting from participation in a Competition; inability to access the Service, or any web pages that are part of or related to the Service; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images/videos of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

ProFit is not responsible for incomplete, illegible, misdirected, or stolen entries. If for any reason a Competition is not capable of running as originally planned, or if a Competition, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Competition in accordance with the Terms of Use or applicable Competition rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of ProFit corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Competition, ProFit reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Competition, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification, or suspension occurs, notification will be posted through the Service.

To be eligible to enter any contest or receive any prize, the User may be required to provide ProFit with additional documentation and/or information to verify the identity of the User, and to provide proof that all eligibility requirements are met and that the banking information is valid. In the event of a dispute as to the identity or eligibility of a User, ProFit will, in its sole and absolute discretion, utilize certain information collected by ProFit to assist in verifying the identity and/or eligibility of such User.

Participation in each Competition must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.

Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Competition or the Service. Winners agree that from the date of notification by ProFit of their status as a potential winner ProFit may or may not use their eligible User Content for publicity, advertising, and promotions.

Competition Prizes/Payouts

Prizes/Payouts will only be awarded if a Competition is run. We reserve the right to cancel Competitions at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Use.

ProFit takes a percentage of each cash based Competition. This amount varies depending on whether the Competition is public ("Open") or private ("Closed") and is typically greater for Open Competitions. ProFit reserves the right to change these percentages at any time.

ACH Transfers will take place at least once a week which will work to validate successful entry into a Competition. Buy-ins and Payouts related to Competitions with pending buy-ins will be kept in a pending state until they are successfully processed and approved. Competition winners whose buy-ins end up being invalid will still be awarded the total approved amount of the payout, however will not be able to transfer out the amount until a valid account is added. If no winner is found for a Competition (e.g. no entrants entered a score or all entrants' scores were rejected by the Competition Judge) any buy-ins minus applicable platform fees will be credited back to a User's balance.

Contest of Physical Ability

Competitions offered through the Service are contests of physical ability. Winners are determined by the objective and measurable criteria described in the Competition description, guidelines, scoring type, and any other additional details or applicable documentation associated with the Competition. From all entries received for each Competition, winners are determined by the type of Judge selected which includes, but is not limited to, the Competition creator, the Service itself (for an additional platform fee), or a friend/connection in the Service. Apple, Google, Microsoft, or any other company providing a distribution platform for this Service, along with any other fitness organizations holding contests of physical ability such as CrossFit, are in no way connected or involved with the Service or the Competitions offered. The Service and its Competitions may not in any way be used for any form of illicit gambling.

Prizes and Results

At the conclusion of each Competition, prizes for Competitions where the Service is the Judge will typically be awarded within 48 hours of the Competition ending except in circumstances where technical failure, inability of ProFit to verify user compliance with these Terms of Use, or other reasons prevent such timely payout. For Competitions with multiple workouts, the time to judge may be significantly longer due to the much greater amount of video verification that is required. Competition prizes vary depending on the Competition itself, the number of Users participating in the Competition, the number of payout places assigned to the Competition, as well as each payout place percentage. Prizes won are added to the winning participants account balance. In the event of a tie, the Judge must either use a tiebreaker specified by the Competition creator or select a tiebreaker of their own and set the tiebreak order (as well as a messsage specifying what the tiebreak was) to select the final winner. The User with the lower numerical order (for Overall standings and tiebreakers) will be the overall winner and receive the prize. If the same tiebreak order is used, the order shown when submitting the standings will be the final order and the User in the first position will be awarded first place, the second position second place, and so on.

ProFit accepts no responsibility for how a Competition is judged, but does reserve the right to automatically judge a Competition after 10 weeks if the requested judge fails to either accept their Judge invite or submit the final results of the Competition ("Inactive Competition"). ProFit also reserves the right to modify the number of weeks before automatically judging an Inactive Competition at any time.

Payment and Withdrawal of Prizes

Winners are posted through the Service and shown in the Competition details after the Competition is judged.

Before making any payment, ProFit may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Competition, is otherwise in compliance with these Terms of Use and, potentially, is required to provide documentation or proof of eligibility and compliance. If ProFit requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or ProFit otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms of Use, ProFit reserves the right to suspend/terminate the entrant’s account and withhold or revoke the awarding of any prizes or the reconciliation of any remaining account balance associated with such account. In such a situation, ProFit may pay out any withheld or revoked prizes to the other entrants in the relevant Competition.

Entrants may withdraw their cash prize awards as well as cash deposits by using the "Transfer Out" option through the Service. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by ProFit in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.

If you are an entrant residing in Missouri, you can withdraw the funds maintained in your individual account, whether such account is open or closed, within five (5) business days of the request being made, unless ProFit believes in good faith that the you engaged in either fraudulent conduct or other conduct that would put ProFit in violation of sections 313.900 to 313.1020, RSMo, in which case ProFit may decline to honor the request for withdrawal for a reasonable investigatory period until its investigation is resolved if it provides notice of the nature of the investigation to you. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by ProFit but delayed by a payment processor, the Federal Reserve, or by the custodian of a financial account.

Checks for withdrawal requests can be made by emailing support@pr.fit and are both processed within 14 business days and sent via U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from a ProFit account unless appropriate terms of the promotion are achieved first by the user.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to the winners of Competitions is challenged by any legal authority, ProFit reserves the right in its sole discretion to determine whether or not to award such prizes.

No substitution or transfer of prize is permitted, except that ProFit reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Any withdrawal requests, after approved by ProFit, will be credited to the current, verified bank account attached to the User account. A PayPal payout may also be requested. If either of these two methods is not currently supported for your account, ProFit will work with you individually to determine a method of disbursement.

Contributions

Users will be able to make financial contributions to other Users through the Service. Anytime ProFit faciliates such a contribution (such as when a contribution is made through a Feed Post), ProFit reserves the right to take a small percentage of such contribution (no more than 5%). The net contributed amount (contributed amount minus any service fees) will remain in a pending state until the payment has successfully processed. At that time, the net contributed amount will be added to the recipient's balance in ProFit.

We respect other people's rights, and expect you to do the same.

If you repeatedly infringe other people's intellectual property rights, we will suspend/terminate your account when appropriate.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, PROFIT CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PROFIT NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "PROFIT PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE PROFIT CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PROFIT OR VIA THE SERVICE. IN ADDITION, THE PROFIT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

THE PROFIT PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PROFIT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PROFIT PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PROFIT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE PROFIT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE PROFIT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PROFIT CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) PARTICIPATION IN AND/OR INJURY RESULTING FROM MOVEMENTS OR SKILLS PROGRAMMED AS PART OF A WORKOUT OR COMPETITION (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PROFIT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PROFIT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE PROFIT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PROFIT PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES, OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT THERE ARE SIGNIFICANT RISKS INVOLVED IN ALL ASPECTS OF PHYSICAL TRAINING. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO: FALLS WHICH CAN RESULT IN SERIOUS INJURY OR DEATH; INJURY OR DEATH DUE TO NEGLIGENCE ON THE PART OF YOURSELF, YOUR TRAINING PARTNER, OR OTHER PEOPLE AROUND YOU; INJURY OR DEATH DUE TO IMPROPER USE OR FAILURE OF EQUIPMENT; STRAINS AND SPRAINS. YOU ARE AWARE THAT ANY OF THESE ABOVE MENTIONED RISKS MIGHT RESULT IN SERIOUS INJURY OR DEATH TO YOURSELF AND/OR YOUR PARTNER(S). YOU WILLINGLY ACCEPT FULL RESPONSIBILITY FOR THE RISKS THAT YOU ARE EXPOSING YOURSELF TO, AND ACCEPT FULL RESPONSIBILITY FOR ANY INJURY OR DEATH THAT MAY RESULT FROM PARTICIPATION IN ANY ACTIVITY, WORKOUT, CONTEST, OR COMPETITION PROVIDED BY THE SERVICE ("SERVICE OFFERING"). YOU FURTHER ACKNOWLEDGE THAT YOU HAVE NO PHYSICAL IMPAIRMENTS, INJURIES, OR ILLNESSES THAT WILL ENDANGER YOURSELF OR OTHERS WHILE PERFORMING A SERVICE OFFERING. YOU AGREE THAT THE SERVICE IS NOT INTENDED TO TAKE THE PLACE OF A PHYSICAL TRAINER AND THAT ANY AND ALL PROVIDED MOVEMENTS SHOULD BE FIRST LEARNED AND INSPECTED BY A CERTIFIED PROFESSIONAL BEFORE BEING ATTEMPTED AS PART OF ANY SERVICE OFFERING.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF PROFIT'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PROFIT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PROFIT PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

PROFIT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at ProFit's request), indemnify and hold the ProFit Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by ProFit in the defense of any claim. ProFit reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ProFit.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or ProFit's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of provisions 18 or 19 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and ProFit (whether or not such dispute involves a third party) with regard to your relationship with ProFit, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and ProFit hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor ProFit will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if ProFit is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either ProFit or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor ProFit can require the other to participate in an arbitration proceeding. To opt out, you must notify ProFit in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

ProFit Rx, LLC ATTN: Arbitration Opt-out
3701 NE 12th Ave
Pompano Beach, FL 33064

You must include your name and residence address, the username/handle and email address you use for your ProFit account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with ProFit.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with ProFit must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with ProFit exclusively in a state or federal court located in Fort Lauderdale, Florida, and to submit to the personal jurisdiction of the courts located in Broward County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. ProFit's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. ProFit reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with ProFit.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and ProFit and governs your use of the Service, superseding any prior agreements between you and ProFit. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of ProFit. Any purported assignment or delegation by you without the appropriate prior written consent of ProFit will be null and void. ProFit may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service 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 ProFit to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that ProFit provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The effective date of these Terms of Use is January 1, 2019. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.