Effective date: January 1, 2019
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.
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 firstname.lastname@example.org 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.
In addition, conduct that would be deemed improper also includes, but is not limited to:
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.
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.
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.
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.
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.
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.
Winners are posted through the Service and shown in the Competition details after the Competition is judged.
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 email@example.com 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.
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.
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.
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.
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.
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.
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.
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.