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TERMS AND CONDITIONS

Terms and Conditions for Transactport iT LLC

Last Updated: June 17th, 2024

1. Introduction

These Terms and Conditions govern your use of the Transactport iT LLC website located at Profit Coach Club and any related mobile applications (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access or use the Site.

2. Eligibility to Use the Site

You must be at least 18 years old and have the legal authority to agree to these Terms in order to use the Site. The Site is not intended for anyone under 18 years old.

3. Acceptable Use

You agree not to use the Site for any unlawful purpose or in a way that violates these Terms. It is prohibited to use the Site in a way that harms us or any third party. You may not use the Site to distribute or post spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes, or assist in fraudulent activities.

4. User Accounts

In order to access certain features, you may need to register and create an account. When you create an account, you agree to provide accurate and complete information. You are solely responsible for your account and anything that happens while signed in to or using your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account. We are not liable for any loss or damages from your failure to comply with this section.

5. Paid Services and Subscriptions

Some parts of the Site may allow you to donate, purchase access, services, content, or subscriptions. You agree to pay all applicable fees for any such services or content and that we may change our fees at any time. All payments are non-refundable once provided, regardless of usage. We reserve the right to terminate or restrict access to paid services for any reason.

6. Affiliate Partnerships & Earnings

Through the Site we may allow influencers, partners, or other third parties ("Affiliates") to receive commissions or fees for referrals that result in customers purchasing our products or services. Any purchase you make through a link provided by an Affiliate may result in compensation to that Affiliate. Affiliates will earn a commission for eligible referrals that result in a purchase or subscription by the referred customer. Commissions will be tracked and paid out on a monthly basis for the previous month's activity. Affiliates will not receive a commission for their own purchases or subscriptions. Self-referrals are strictly prohibited. We reserve the right to withhold commission payments at our sole discretion in the event of commission fraud, abuse, or violations of our Terms and Conditions.

7. Acceptable Content and Conduct

You may not upload, post, or transmit any content that:

* Infringes any third party's copyrights, trademarks, rights of publicity, or other intellectual property or proprietary rights;

* Is illegal, fraudulent, false, deceptive, or misleading;

* Harasses, threatens, insults, defames, libels, degrades, intimidates, or discriminates based on age, race, religion, sex, sexual orientation, gender identity, or disability;

* Contains unauthorized advertising or spam;

* Violates any applicable law or regulation;

* Is dangerous, harmful, or offensive, such as content that endorses racism, hate, violence, harassment, or harm against any individual or group;

* Impersonates any person or entity;

* Contains viruses or any other technologies that could harm us, our Site, or the interests or property of our users.

8. Community Guidelines

The Site has community features such as forums, chat rooms, comment sections, and other interactive features. You agree to follow basic etiquette and refrain from the prohibited conduct below when using these features. You may not:

* Post any content that violates items 7 and 10 of these Terms;

* Harass, threaten, or intentionally embarrass others;

* Impersonate others or intentionally falsify your identity;

* Post personal information about others;

* Post spam, unsolicited promotions, advertisements, or solicitations;

* Promote other services or websites;

* Violate the law in any way.

We reserve the right to remove any content we deem inappropriate for any reason without notice to comply with applicable laws. We are not responsible for any failure or delay in removing such content.

9. Intellectual Property Rights

"Intellectual Property" means copyrights, trademarks, domain names, patents, trade secrets, moral rights, and other proprietary rights worldwide. All Intellectual Property visible on the Site, including the Site design, text, graphics, logos, icons, images, and software belongs to us or our third party vendors and is protected by U.S. and international copyright laws. You may not use our Intellectual Property for any reason without our express written consent. You agree not to copy, distribute, modify, or make derivative works of any Intellectual Property.

10. Disclaimers

Your use of the Site is at your sole risk. The Site is provided on an "as is" basis without warranties of any kind, expressed or implied. We expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties that

(i) the Site will meet your needs or requirements;

(ii) the Site will be available on an uninterrupted, timely, secure, or error-free basis;

(iii) results that may be obtained from use of the Site will be accurate or reliable; or

(iv) any errors in the Site will be corrected. Any content you download or otherwise obtain through your use of the Site is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data resulting from the download or use of such content.

11. Limitation of Liability

We are not liable to you or any third parties under any circumstances, including but not limited to:

* Any indirect, consequential, special, punitive or exemplary damages arising out of or in connection with your access or use of the Site;

* Any loss of business, revenue, profits, goodwill, data, contracts, or anticipated savings;

* Any reliance on, or decision made on the basis of, information or content appearing on or furnished via the Site;

* Any damages whatsoever resulting from viruses that may infect your equipment or other property when using the Site;

* Any errors, inaccuracies, or defects in, or lack of timeliness or authenticity of the information contained within the Site; or

* Any unauthorized access to or alteration of your transmission data or content.

Under no circumstances will our total liability to you exceed $100 USD.

12. Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses arising from your violation of these Terms or applicable law. Your indemnification obligations will survive the termination of these Terms and your use of the Site.

13. Modifications and Interruption to the Site

We reserve the right to modify or discontinue all or any portion of the Site with or without notice to you. We will not be liable to users or any third party should we exercise our right to modify or discontinue use of the Site.Your access to the Site may be occasionally restricted, such as for maintenance or repairs. We reserve the right to suspend or terminate your access to the Site at any time and for any reason, with or without notice. Under no circumstances will we be held liable for any delay or disruption in service.

14. Term and Termination

These Terms remain effective until terminated by you or us. You may terminate these Terms at any time by discontinuing your use of this Site.We have the right to immediately terminate these Terms if you violate any provision. Upon termination, your right to access and use the Site will immediately cease. Any accrued rights and obligations as well as Sections 6, 7, 9, 11, 12, 13, 14, 15, 20, 21, 22, 23. 24 and 25 will survive termination.

15. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict of law rules. You agree that any dispute arising from your use of this Site will be heard exclusively in the state or federal courts located in Fulton County, Georgia.

16. Changes to These Terms

We may modify these Terms from time to time. If we decide to change our Terms, we will post the updated Terms on the Site and update the "Last Updated" date. Your continued use of this Site after any changes or revisions to Terms indicates your acceptance and agreement to the updated Terms. You should revisit these Terms regularly.

17. Subscription Cancellation

You may cancel your subscription at any time by contacting us at [email protected]. Your cancellation will take effect at the end of your current billing cycle.We do not provide refunds for any partial subscription periods or unused services. All cancellation requests must be received at least 24 hours prior to the renewal date.

18. Subscription Changes

You may upgrade or downgrade your subscription plan at any time through the site or by contacting us at [email protected] os SMS at +1 (888) 299-1623. Downgrading your subscription may cause the loss of features or capacity of your account. We do not accept any liability for such losses.

19. Third Party Integration Fees

In addition to the fees for our products and services, you may be charged separately for usage of third party integrations such as:

* SMS and text messaging

* Email marketing and automation

* Artificial intelligence (AI) tools

* Yext listings

* WordPress hosting

* Stripe, PayPal, and Authorize.net etc

* Other third party platforms and tools

We will provide complementary credits, reports and usage details for all third party integrations in the reporting and company billing section of your account dashboard. You are responsible for reviewing these reports regularly to understand your utilization and associated costs.Please contact us if you need us to enable or disable any third party integrations. Usage of these services may continue incurring fees until they are disabled, so timely requests are recommended.

20. Agency Migration

If you need to migrate your account and data to a new agency, a migration fee of $3,000 will apply. This covers the cost for us to securely transfer your account information, data, digital assets, and other materials. To avoid the migration fee, you may use our affiliate code when signing up for a new account with GoHighLevel. This will allow you to retain access to your data between agencies. You must notify us of any agency changes and request migration support at least 30 days in advance. We are not liable for any data loss or issues encountered during account migrations.

21. Confidentiality

You agree not to disclose any confidential information provided to you as part of utilizing our services to any third party. Confidential information includes, but is not limited to, all technical, business, product, pricing, customer, and other information provided by us.

22. Arbitration

In the event a dispute arises between you and the Company, we aim to provide an affordable and efficient mechanism for resolving disputes. As such, you and the Company agree that any dispute arising out of or related to these Terms shall be resolved via binding arbitration rather than in court. The arbitration will be conducted by the American Arbitration Association under its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated. The terms of this Arbitration section will prevail if there is any conflict with the Rules.

22. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law,

(i) no arbitration or proceeding shall be joined with any other;

(ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and

(iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

23. Force Majeure

We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies, acts or orders of government, acts of terrorism, or war.

24. Refund Policy

All sales of subscriptions, services, and digital products are final and non-refundable. By purchasing, you agree that we are providing immediate access to digital materials and therefore cannot provide refunds. We provide refunds at our sole discretion for extreme circumstances. Refund requests must be made within 7 days of the original purchase date. Refunds do not apply for any users who violate our Terms and Conditions or acceptable use policy.

25. Earnings Disclaimer

We make every effort to provide accurate representations of the products, services, and earning potential on this Site. However, we cannot guarantee your income or business results. Your success depends primarily on your own skills and efforts. Results are not guaranteed and will vary based on your individual capacity, business experience, expertise, and level of desire. We make no guarantees concerning the level of success you may experience. The testimonials and examples on this Site are exceptional results, do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire, education, experience, actions and business focus. There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business that we cannot foresee which could reduce results. Please note investing of any kind involves risk and investment performance can never be predicted or guaranteed. We have made every effort to accurately represent our products, services, and earning potential. The Company is not responsible for your actions. You are solely responsible for your own moves and decisions and the evaluation and use of our products, services, and website is at your own risk. Let me know if you need any clarification or have additional disclaimers, policies, or terms you would like me to cover. I can update the Terms and Conditions draft based on your requirements.