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Terms & Conditions

Terms & Conditions

The following “Terms & Conditions” (hereafter referred to as the “T&C”) sets forth the terms and conditions governing the ProfitByAction.com (hereafter referred to as PBA) website, all the content contained within (including any products and materials, which are collectively known as the “site”) and your personal PBA account.

PBA provides users with access to development resources (development courses, documents, software, etc.), various reference and communication tools (newsletters, blogs, articles, etc.), forums, shopping services, and personalized content (collectively referred to as the “Services”). You understand and agree that the Service may include sponsorships or advertisements. Some of these Services of PBA are provided free of charge.

PBA services, shall be subject to the T&C. You understand and agree that the Service is provided “AS-IS” and that PBA assumes no responsibility for the timeliness, deletion, delivery problems or failure to store any user communications or personalization settings.

PBA is an online store for Dealer Development materials. You will be charged for any materials that you wish to purchase from PBA. Prices may vary. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display of delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Account Fees & Registration

The purchase of certain products and services on PBA may require registration for a user account (“User Account”). Should you choose to register, you agree to provide true, complete and accurate registration information (“Registration Information”). You are responsible for updating and maintaining the accuracy of Registration Information. If you provide any Registration Information that is untrue or inaccurate, not current, or incomplete, or if PBA suspects that your Registration Information is untrue, inaccurate, or incomplete, then PBA may, in its sole discretion, suspend, terminate, or refuse future access to PBA.

Registration Information will be subject to the PBA Privacy Policy (which is incorporated by reference herein). You are responsible for maintaining the secrecy and security of any personal or User Account Information. You are responsible and liable for any conduct on PBA under your User Account. PBA is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify PBA immediately. Only the authorized license user is permitted to use the password protected account within PBA. If anyone loans or discloses their Username and Password or otherwise knowingly or unknowingly allows unauthorized access into the fee-based products, the original site license holder shall be responsible for and will be billed for any and all purchases an unauthorized user makes on PBA.

General Provisions

This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The Site is controlled and operated by ASE Americas LLC from its principal office in Stuart, Florida and is not intended to subject PBA to the laws or jurisdiction or any state, country, or territory other than that of Florida and of the United States of America. PBA does not represent or warrant that the Site, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export any Site content to a national or resident of any of the following countries: (i) Balkans, Cuba, Iran, Liberia, Myanmar (Burma), North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, constitutes the entire Agreement between you and PBA relating to your use of the Site; this Agreement supersedes any and all prior or contemporaneous written or oral Agreements between you and PBA regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.

All digital products are non-refundable.