Updated March 27, 2025
1. ACCEPTANCE OF TERMS
1.1
By using this website (https://profitworks.mykajabi.com) to purchase access to certain products owned by In Tension, LLC (DBA ProfitWorks) (“Company”), the purchaser (“You” or “Client”) understands that it is entering into a legally binding Agreement with Company and agrees to be bound by these Terms and Conditions.
2. PRODUCTS
2.1
In exchange for the purchase price, Company will provide access for Client to Company’s ProfitWorks AutoPilot™ and ProfitLink™ materials (the “Products”). Such access will expire 90 days after the date of purchase and Client shall have no further right to use the Products. After the 90 day period, Client may have the option to purchase additional access to ProfitLink™ materials at an additional price.
2.2
The Products (along with all other products, materials, trademarks, servicemarks, or property produced, provided, or owned by Company) are for Client’s individual use only. Client shall not, at any time, disclose, share, copy, resell, distribute, or enable anyone else to use or access any of the Products in any way.
3. PURCHASE PRICE AND TERMS OF PAYMENT
3.1
Client understands that payment for the Products shall be due at the time of purchase. The appropriate payment amount will be reflected upon checkout.
3.2
There will be no refunds of any kind for the Products. All sales are full and final, and Client will be liable for all payments regardless of whether or not Client uses the Products. Client accepts without dispute this refund policy and waives any and all claims in connection with the refund policy herein.
3.3
Client agrees to receive periodic emails from Company. Client understands that it may unsubscribe at any time by clicking the unsubscribe link in Company’s emails.
4. INTELLECTUAL PROPERTY
4.1
Company is granting Client a limited, 90-day, individual, nonexclusive, non- transferrable, single user, royalty-free license to use the Products. Client acknowledges that it has no right, title, or interest in or to any of the Products (along with all other products, materials, trademarks, servicemarks, or property produced, provided, or owned by Company) other than an express right to a permissive use thereof for its own individual use, and nothing contained in this Agreement shall be construed as conveying to Client any right, title or interest in or to any of the Products or Company’s property. The rights granted to Client shall not be assigned or sublicensed without the prior written consent of Company.
4.2
The Products (along with all other products, materials, trademarks, servicemarks, or property produced, provided, or owned by Company) will remain the property of the Company and may not be used in any other form without prior written consent. Nothing in this Agreement shall constitute a transfer of ownership of any property (intellectual or otherwise) from the Company to the Client.
4.3
Client shall not copy, repost, alter, publish, sell, manipulate, distribute, enable others to sell or use, or in any way exploit the Products or any other property (whether intellectual or otherwise) provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered, threatened, or suspected, Company reserves the right to immediately revoke access to the Products as well as access to any other materials Client may have purchased or acquired, without refund, and reserves the right to prosecute any infringement or misuse (whether actual or threatened) to the full extent of the law.
5. DISCLAIMER
5.1
The Products are solely meant to provide educational information. Company does not guarantee any specific results, outcomes or changes to the Client’s current situation and Client will indemnify and hold Company harmless if Client does not experience desired results.
5.2
Client understands that all services provided by the Company in connection with the Products are provided on an “as is” basis, meaning they are without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non- infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase the Products and work with Company on a purely voluntary basis and agrees not to hold Company responsible should Client become dissatisfied with any portion of the Products.
6. LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
6.1
Client understands and agrees that the information offered in the Products and/or other materials or services sold by or in connection with Company is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. By purchasing the Products, Client hereby releases Company and its members, employees, representatives, and agents from any and all claims related to the Products or this Agreement, whether known now or discovered in the future.
6.2
Client releases any right to claims against Company to the maximum extent as permissible under applicable law. Client agrees that under no circumstances will Company be liable to any party for any type of damages resulting or claiming to result from any use of, or reliance on, the Products or content found therein, and Client hereby releases Company from any and all claims, whether known or unknown, now or discovered in the future.
7. MISCELLANEOUS
7.1
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a meditator or court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
7.2
Any disputes arising under this Agreement shall first be resolved through mediation.
7.3
This Agreement shall be governed by and under control of the laws of the state of Ohio regardless of conflict of law principles, and regardless of the location of Client. Client understands this and agrees that the laws of Ohio are to be applicable here.
7.4
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
7.5
Please contact Company at info@profitworksllc.com for any questions regarding these Terms or this Agreement.