Website Terms of Use

Agreement between user and profitgopher.com

Welcome to profitgopher.com. The profitgopher.com website (the “Site”) is comprised of various web pages operated by Profit Gopher, LLC. (“Profit Gopher”). profitgopher.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of profitgopher.com constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.

profitgopher.com is an E-commerce Services Site.

Electronic Communications

Visiting profitgopher.com or sending emails to Profit Gopher constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Profit Gopher is not responsible for third party access to your account that results from theft or misappropriation of your account. Profit Gopher and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Profit Gopher does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use profitgopher.com only with permission of a parent or guardian.

Estimates and/or Quotes Policy

Estimates and/or quotes are provided for the benefit of you and your business and do not necessarily represent the actual final cost of support and service rendered. Due to the variable nature of the shipping, customs, inspection, and preparation process, Profit Gopher makes no express or implied assertion that an estimate and/or quote will be accurately represented in your final invoice.

Deposit Policy

Order completion requires a paid deposit according to the following schedule:
100% for all support and services to be completed by Profit Gopher, prior to items being released for shipping to their final destination (which, in most cases, will be the Amazon Fulfillment Center(s)).

Cancellation/Refund Policy

You may cancel your order at any time, however, once we receive your items by any method of delivery (e.g. small parcel, freight, in-person dropoff, etc.), your account begins to incur charges.

Any cancellations made after we receive your items will be charged the greater of: the price to prep these items (determined by FBA Product Size Tiers) OR $50.00.  We do not charge for additional materials used in the process of prepping IF you canceled your prep order BEFORE these materials have been utilized (i.e. if we haven’t boxed or polybagged an item yet, we will not charge for these materials). Completion of any support or service will not qualify for a refund and/or nullification of any incurred charges.

Although you may cancel your prep order, you are still responsible for any incurred charges and acquisition of any items left at our warehouse (hereinafter referred to as our “burrow”).  You may pick these up in person after any outstanding balances are paid online via credit card (we do not accept cash onsite for security reasons), or if you elect to have the items shipped to you, you must prepay any outstanding balances, the actual cost of shipping, and handling fees of $10 per box, and/or $30 per pallet.  Please contact us at [email protected] com with any questions.

Storage Fees Policy

Items received that cannot be prepped due to a customer issue (e.g. products not listed in customer’s account, customer unresponsive to our requests for more information, etc.) will incur storage fees on the 8th day after receipt AND retroactive to the first day of receipt.  The 1st day is counted when we actually receive the items (e.g. if we receive the items on a Monday, it is considered the 1st day. Day 8 would be the following Monday. Storage fees would be calculated from the time we received your items on Day 1).  This schedule will be valid for counting when to begin storage fees if we cannot prep items due to a customer issue, and/or after we have invoiced the customer (e.g. if you are invoiced on Monday, and the invoice is not paid within 7 days, storage fees would be calculated from the time we received your items on Day 1).

Please see our Services page for information on current storage pricing.

Abandonment Policy

Items that are unpaid and left over 30 days will be deemed abandoned on the 31st day.  This includes if a customer has become unresponsive to our requests, and/or if customer has not paid outstanding invoices.  Abandoned items will by default become the property of Profit Gopher, and customer will lose any and all ownership rights to said items.

Payment Policy

All payments, including but not limited to support, services, shipping, and customs, must be received within 15 days of the original invoice date through Stripe to [email protected] com. If any or all payment is not completed within 15 days of the original invoice date, Profit Gopher reserves the right to assume ownership of your goods and/or take legal action in order to reconcile your remaining payment balance.

Customs Policy

Profit Gopher is not responsible for any shipping, customs, duties, taxes, tariffs, port, storage, general order, or freight forwarding fees made on behalf of your order. All fees including but not limited to those just listed, made on behalf of your account will be added to your original invoice and must be reconciled according to the deposit policy, cancellation/refund policy, and payment policy.

Promotional Coupon Code Policy

All promotional coupon codes (on the signup or order form) are valid only with orders consisting of at least $250 dollars of Profit Gopher services. Profit Gopher services do not include costs associated with any shipping, customs, duties, taxes, tariffs, port, storage, general order, or freight forwarding fees. Promotional coupon codes cannot be used for any shipping, customs, duties, taxes, tariffs, port, storage, general order, or freight forwarding fees.

Links to third party sites/Third party services

profitgopher.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Profit Gopher and Profit Gopher is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Profit Gopher is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Profit Gopher of the site or any association with its operators.

Certain services made available via profitgopher.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the profitgopher.com domain, you hereby acknowledge and consent that Profit Gopher may share such information and data with any third party with whom Profit Gopher has a contractual relationship to provide the requested product, service or functionality on behalf of profitgopher.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use profitgopher.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Profit Gopher that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Profit Gopher or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Profit Gopher content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Profit Gopher and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Profit Gopher or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You may be able to connect your Profit Gopher account to third party accounts. By connecting your Profit Gopher account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature if indeed it is available to you to use.

International Users

The Service is controlled, operated and administered by Profit Gopher from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Profit Gopher Content accessed through profitgopher.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Profit Gopher Promotional Coupon Code Policy

Use of any promotional coupon codes to your order is done at the discretion of Profit Gopher. The use of a promotional coupon code does not provide an express or implied guarantee for a discount on any order. The use of a promotional coupon code provided by Profit Gopher, a third party, or affiliate can be revoked at any time with or without notice.

Indemnification

You agree to indemnify, defend and hold harmless Profit Gopher, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Profit Gopher reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Profit Gopher in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROFIT GOPHER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PROFIT GOPHER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROFIT GOPHER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROFIT GOPHER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROFIT GOPHER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Profit Gopher reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Profit Gopher as a result of this agreement or use of the Site. Profit Gopher’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Profit Gopher’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Profit Gopher with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Profit Gopher with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Profit Gopher with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Profit Gopher reserves the right, in its sole discretion, to change the Terms under which profitgopher.com is offered at any time, for any reason, without any notice. The most current version of the Terms will supersede all previous versions. Profit Gopher encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Profit Gopher welcomes your questions or comments regarding these Terms:

Profit Gopher
P.O. Box 250387
Atlanta, GA 30325

Email Address: [email protected] .com
Telephone number: (650) 446-7437

Last Updated: November 9, 2018.