Madison Profit Academy Terms and Conditions

Introduction

Madison Profit Academy, LLC, doing business as Madison Profit Academy (“Madison Profit Academy,” “we,” “us,” “our”) provides its services, which include but are not limited to online education-based services, website and e-store construction, product sourcing assistance, and ongoing store maintenance, through its websites, social media accounts, and its platform (collectively, such services, including any new features and applications, and the site, are referred to as the "Service(s)"). The Services are provided to you subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

1. Access to the Services

By using the Services (referred to as "Services"), you agree, on behalf of yourself and all members of your household, as well as others who use any Service under your Madison Profit Academy Account (referred to as "Account"), to the following conditions. Please read these conditions carefully.
We offer a variety of Madison Profit Academy Services, and additional terms may apply. When using a Madison Profit Academy Service (such as Educational Courses, Premium E-Store Construction Services, Business Consulting, or Madison Profit Academy applications), you may also be subject to specific guidelines and agreements related to that Service ("Service Terms").
By accessing or using our Services, whether or not you register for an Account, you agree to these Terms, our Privacy Policy, and any other legal notices, rules, or procedures related to the Services that we may publish over time (collectively, the “Legal Documents”). Please review these documents carefully. If you do not agree, please do not access or use the Services. In case of a conflict between these Terms and any other terms covering a specific area of the Services, the latter will take precedence unless otherwise stated.

2. Modifications to Terms of Service

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If changes occur, we may post them on this page and indicate the date of the last revision at the top. We may also notify you through the Services' user interface, via email, or through other reasonable means, as required by applicable law. Changes will take effect no sooner than seven (7) days after being posted, except for changes related to new Service functions or legal requirements, which will be effective immediately. Your continued use of the Service after any changes take effect signifies your acceptance of the updated Terms of Service. Any new features or tools added to the Services will also be subject to these Terms.
Usage of Provided Phone Numbers: By providing your phone number to Madison Profit Academy, you agree that we may use it for direct communication regarding our services, including updates, inquiries, support, or notifications.

3. Privacy Policy

We respect the privacy of our users. For details, please refer to our Privacy Policy. By using the Service, you consent to the collection and use of your personal data as outlined in that policy.

4. Service Eligibility and Registration

Eligibility: To be eligible to use the Services, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is older. By using the Services, you confirm that you meet this age requirement.
Registration: You may need to register for an Account to access certain Services. By registering, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding your Madison Profit Academy Account login credentials and agree not to disclose your password to any third party. You are solely responsible for any activities under your Madison Profit Academy Account, whether or not authorized.
User Responsibilities: You are responsible for your conduct while using our Services. You agree to use the Services only for legal and ethical purposes, in accordance with these Terms and any applicable guidelines we provide. We reserve the right to restrict or terminate your access if we believe your conduct violates these Terms.
Service Changes and Availability: Madison Profit Academy reserves the right to modify or discontinue the Services or any features temporarily or permanently, without prior notice. You agree that Madison Profit Academy will not be liable for any modifications, suspensions, or discontinuations. While we strive to provide reliable Services, we do not guarantee uninterrupted access.
Restrictions on Use: You agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services, nor will you interfere with or damage them. All rights not expressly granted by Madison Profit Academy in these Terms are reserved.
User Content: You are responsible for any content you upload, post, or transmit through the Services ("User Content"). You represent that you own or have the necessary rights to use and share your User Content. Madison Profit Academy is not responsible for any User Content.
Removal of User Content: Madison Profit Academy reserves the right, but not the obligation, to review and remove any User Content that violates these Terms, at its sole discretion. By using the Services, you agree to the potential review and removal of User Content for any reason.

5. User Content and Services

Service Availability: Madison Profit Academy offers a variety of features and functionalities. However, not all Services or features may be accessible to all users, and we are not obligated to make any Services or features available in any particular jurisdiction. Except where prohibited by these Terms or applicable law, Madison Profit Academy reserves the right to modify any Services or parts thereof for any reason, without prior notification and at any time.
Content Moderation: Madison Profit Academy does not pre-screen content and maintains the sole discretion to reject or remove any content from the Services if we determine, at our discretion, that the products or services offered through the Services, or the content uploaded or posted, violate our acceptable use policy or these Terms of Service.
Respectful Conduct: Any form of verbal or written abuse (including threats) directed towards any Madison Profit Academy employee, member, or officer will result in immediate account termination.
Non-Exclusivity: We reserve the right to offer our Services to competitors and do not guarantee exclusivity. You acknowledge that Madison Profit Academy's employees and contractors may also be customers or users and may compete with you, provided they do not use your Confidential Information in doing so.
Account Ownership Disputes: In the event of a dispute concerning Account ownership, we reserve the right to request documentation to confirm ownership. This may include a scanned copy of your business or driver's license, a government-issued photo ID, the last four digits of the credit card on file, or verification of your employment status.
Rightful Account Ownership: Madison Profit Academy reserves the right, at our discretion, to determine rightful Account ownership and to transfer an Account to the rightful account holder. If we cannot reasonably determine the rightful account holder, Madison Profit Academy reserves the right to temporarily suspend or disable the Account until resolution is achieved between the disputing parties.

6. User Responsibilities

User Obligations: You acknowledge and agree that the Services are not a marketplace, nor do we promote any specific e-store or marketplace. Any contract of sale made through an e-store is directly between you and the end consumer. As the seller of record for all items sold through the Services, you are responsible for creating and operating your e-store, account, portal, and content, as well as for the goods and services you sell and all aspects of transactions with your customers.
User Liabilities: This responsibility includes authorizing customer charges for purchases, processing refunds and returns, fulfilling sales or customer service, addressing fraudulent transactions, providing required legal disclosures, ensuring regulatory compliance, and adhering to applicable laws (including consumer protection laws in any jurisdiction where you offer products or services). You warrant that your portal, content, and the goods and services sold through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations, or rights of third parties.
For clarity, Madison Profit Academy will not be the seller or merchant of record for any e-store and will therefore have no responsibility for your e-store, portal, or items sold to customers. Madison Profit Academy shall not be liable for transactions between you and the end purchaser under any circumstances.
Compliance with Applicable Law: You are solely responsible for the goods or services you sell through the Services, including compliance with any applicable laws or regulations. You may not use Madison Profit Academy Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, your customer's jurisdiction, or any international laws. You will comply with all applicable laws, rules, and regulations in your use of the Service and in fulfilling your obligations under these Terms of Service. This compliance obligation also includes refraining from using deceptive practices to sell products through your e-store.

7. Intellectual Property and Additional Responsibilities

Investigate User Content: We reserve the right to investigate and take appropriate legal action against anyone who, at our sole discretion, violates this provision. This may include removing content, suspending or terminating the accounts of violators, and reporting them to law enforcement authorities.

The following conduct is prohibited:

Uploading any content that infringes on the intellectual property or other proprietary rights of any party; contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; poses a privacy or security risk to any person; or is objectionable and restricts or inhibits others from using or enjoying the Services.
Interfering with or disrupting the Services or the servers or networks connected to the Services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Services.
Violating any applicable local, state, national, or international laws, or any regulations having the force of law; impersonating any person or entity; or falsely stating or misrepresenting your affiliation with any person or entity.
Harvesting or collecting email addresses or other contact information of users from the Service by electronic or other means for the purpose of sending unsolicited emails or other communications.
Furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities; or obtaining or attempting to access any materials or information through means not intentionally made available through the Services.

Intellectual Property Notice: All information presented to you as a result of using the Services is protected by copyright, trademark, and intellectual property laws.

Commercial Use: Unless otherwise expressly authorized by Madison Profit Academy in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload any portion of the Services for any commercial purposes. The Services are for your non-commercial, personal use only.
Addressing Copyright Violations: Madison Profit Academy prioritizes the protection of intellectual property rights. If you believe that any content on our platforms infringes your copyright, please send the following information to Madison Profit Academy's Appointed Copyright Agent at [email protected]:
A declaration stating in good faith that the use of the material in question is not authorized by the copyright owner, its agent, or the law, or a formal statement under penalty of perjury confirming the accuracy of your complaint and that you are the copyright owner or authorized to act on behalf of the copyright owner.
An original or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
Policy Against Intellectual Property Infringers: In accordance with the Digital Millennium Copyright Act (DMCA) and other relevant laws, Madison Profit Academy has a policy of terminating, at our discretion, the accounts of users found to be infringers. Madison Profit Academy may also restrict access to the Service and/or terminate the memberships of any users who infringe upon the intellectual property rights of others, regardless of whether there is a history of repeated infringement.

8. Terms and Termination

Duration of Services: The duration of services provided by Madison Profit Academy is determined by the specific contractual agreement between you and Madison Profit Academy. The applicable order form, communications with a Madison Profit Academy representative, or any mutually agreed-upon terms will govern the duration of the services. In the absence of a specified duration in the agreement, the services will be considered ongoing.
Madison Profit Academy’s Right to Suspend or Terminate Services: Madison Profit Academy reserves the right to terminate the services or suspend your account at any time, with or without cause, at its sole discretion. Reasons for termination or account suspension may include, but are not limited to, violations of the terms of service, non-payment of fees, or any conduct deemed inappropriate or harmful to Madison Profit Academy or its clients. In the event of termination or account suspension, you may be notified unless immediate termination is necessary due to legal, security, or operational concerns. Upon termination or account suspension, you may lose access to the services and any data associated with your account.

9. Fees, Payment, and Subscription

Fees and Subscription: You may be required to select a payment plan or pay a one-time fee and provide Madison Profit Academy with your credit card or other payment information. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes. You agree to pay Madison Profit Academy the amount specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these Terms of Service.
Recurring Subscriptions: If you select a service with an auto-renewal feature (“Recurring Subscription”), you authorize Madison Profit Academy to maintain your account information and automatically charge that account upon the renewal of the service you choose with no further action required from you. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price changes, you have the right to reject the change by canceling your Recurring Subscription before the price change goes into effect. You may cancel a Recurring Subscription at any time, but if you cancel before the end of the current subscription period, you will not receive a refund for any subscription fees already paid.
Payment: You are responsible for paying the fees corresponding to your access or subscription for Madison Profit Academy services and any other applicable fees, such as transaction fees related to purchases. You must have a valid payment method on file with us to cover all incurred and recurring fees. Madison Profit Academy will charge the fees to any payment method you authorize ("Authorized Payment Method") and will continue to charge the Authorized Payment Method for applicable fees until the services are terminated and all outstanding fees are fully paid. All payments will be in U.S. currency. You may be required to sign a Credit Card Authorization Form, and if requested and signed, the terms of the Credit Card Authorization Form will govern.
Payment Terms: As a client of Madison Profit Academy, you agree to comply with our payment terms. All fees for our services, including but not limited to course access, e-store construction, or any other services provided, must be paid before the commencement of any services.
Prepayment Provision: Madison Profit Academy operates on a prepayment basis for most, if not all, services. This means that full payment of all agreed fees is required in advance of the provision of any services. Access to our services will only be provided once we have received full payment, allowing us to manage resources and schedule services effectively.
Payment Failure and Account Suspension: If we are unable to successfully process payment of fees within three (3) days of our first attempt, we may suspend and revoke access to your account and the services if previously provided access. Your account will be reactivated upon payment of any outstanding fees, plus the fees applicable to your next billing cycle.
Taxes: All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, excluding only U.S. (federal, state, or local) taxes. You are responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges, and additional charges arising from or as a result of any sale on your store or your use of the services. Customers are solely responsible for any applicable taxes that may arise from their use of the e-store, and we shall not be held liable for any unpaid taxes.
Responsibility for Sales Transactions: You are solely responsible for all aspects of the transactions between you and your customers. The services are not a marketplace. Any contract of sale made through the services is directly between you and the customer.
We highly recommend carefully reviewing the terms, services, and deliverables outlined in the contract before proceeding. Should you have any questions or concerns regarding the services provided, our team will be happy to address them and work towards a satisfactory resolution. By engaging in our services and signing the contract, you acknowledge and accept our no-refund policy once the allocation of resources has commenced.

10. Performance and Responsibility

Acknowledgment. By engaging the services of Madison Profit Academy, you acknowledge and agree to the following:

Madison Profit Academy provides you with knowledge, tools, and resources to create and customize your e-store. However, the success and outcomes of your store ultimately depend on your own efforts and decisions. Madison Profit Academy does not guarantee any specific results or satisfactory options regarding the performance or outcomes of your store.
Creating a successful online store requires dedication, hard work, and ongoing effort on your part. Madison Profit Academy's services are aimed at supporting and facilitating your store build-out, but the ultimate responsibility for its success lies with you. Madison Profit Academy does not assume responsibility for the level of success or lack thereof achieved by your store.
By engaging Madison Profit Academy's services, you assume all risks associated with your store build-out. This includes, but is not limited to, market conditions, customer demand, competition, and other factors that may impact the performance and profitability of your store.
By purchasing Madison Profit Academy services, you acknowledge and agree that building a successful e-store entails substantial effort, risk, and investment of both time and money. It is important to understand that there is no guarantee of success.
You further acknowledge that learning the Madison Profit Academy information and effectively applying the insights to your own e-store requires a significant amount of risk. As such, you acknowledge that Madison Profit Academy is not responsible for any lack of success you may experience.
Once payment is made for Madison Profit Academy's services, refunds will not be provided due to or based on the performance or lack thereof your store. Madison Profit Academy is not responsible for the financial outcomes, sales, or any other results of your store. As stated, you understand that you are investing in yourself and assuming the associated risks.

11. Indemnification and Limitation on Liability

Limitation on Liability.
YOU UNAMBIGUOUSLY ACKNOWLEDGE AND CONSENT THAT MADISON PROFIT ACADEMY WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MADISON PROFIT ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MADISON PROFIT ACADEMY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MADISON PROFIT ACADEMY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
Under the maximum scope allowed by law, you consent to discharge, safeguard, and render MADISON PROFIT ACADEMY and their officials, workers, directors, and representatives harmless from any and all deficits, damages, charges, encompassing reasonable lawyer's fees, rights, lawsuits, actions of any type, and harm (including death) resulting from or connected to your use of the Service. If you are a resident of California, you relinquish California Civil Code Section 1542, which states: “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.” If you reside in a different jurisdiction, you relinquish any analogous statute or principle.
Renouncement of Representations and Warranties.
THE SERVICE IS AT YOUR SOLE RISK AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS EXPRESSLY DECLARED OTHERWISE HEREIN, MADISON PROFIT ACADEMY EXPRESSLY REFUTES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR LEGISLATIVE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF SALEABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
MADISON PROFIT ACADEMY PROVIDES NO GUARANTEE THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE CONTINUOUS, PROMPT, SECURE, OR FREE OF ERRORS, (III) THE RESULTS ACQUIRED FROM THE UTILIZATION OF THE SERVICE WILL BE PRECISE OR DEPENDABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL BOUGHT OR ACQUIRED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
No Endorsement or Recommendations.
MADISON PROFIT ACADEMY does not endorse, recommend, or favor any third-party service providers, including lending platforms or financial institutions. Any decision to utilize such third-party services is solely at your discretion and is not influenced, encouraged, or advised by MADISON PROFIT ACADEMY.
Independence of Third Parties.
Any third-party service providers used by our clients to facilitate or finance payments for our services operate independently of MADISON PROFIT ACADEMY. We do not have any partnership, joint venture, or other affiliations with these entities, unless explicitly stated otherwise.
User Discretion and Responsibility.
Users are advised to exercise their own discretion and conduct due diligence when selecting and engaging with any third-party service provider. MADISON PROFIT ACADEMY is not responsible for any outcomes, risks, liabilities, or obligations that may arise from your interactions with or reliance on such third-party services. Any disputes, agreements, transactions, or other interactions between you and any third party are strictly between you and such third parties, and MADISON PROFIT ACADEMY disclaims all liability in this regard.
External Sites and Resources.
Our Service may incorporate, or there may be instances where third parties incorporate, links or other methods of access to various websites and online resources that exist beyond the purview of MADISON PROFIT ACADEMY. MADISON PROFIT ACADEMY doesn't exert control over such external websites and resources and does not vouch for them. You understand and accept that MADISON PROFIT ACADEMY will not be held accountable for any direct or indirect damages or losses alleged to be the result of using or relying on any content, events, products, or services accessible on or through any such external site or resource. Interactions you engage in with third parties discovered while using our Service are strictly between you and the third party. You agree that MADISON PROFIT ACADEMY will not be held liable for any losses or claims that you might have against any such third party.

12. General Terms

These Terms of Service, along with documents incorporated by reference, form the comprehensive agreement between you and Madison Profit Academy that guides your use of our Services and your account. This agreement supersedes any prior arrangements between you and Madison Profit Academy, including previous versions of the Terms of Service.
Madison Profit Academy's failure to enforce or exercise any right or provision of these Terms will not imply a waiver of such right or provision. If any provision within these Terms, including all conditions and documents it incorporates by reference, is deemed unlawful by a court of competent jurisdiction, the provision will be modified to achieve the objectives of the original provision to the fullest extent allowed by law. The remaining provisions will continue in full force.
Apart from Madison Profit Academy and its affiliates, no person or entity who is not party to these Terms will have any right to enforce any of its terms, unless expressly stated within these Terms. The governing law for these Terms will be the laws of Florida and the laws of the United States applicable therein, regardless of conflict of laws principles.
These Terms will apply to and benefit both parties, as well as their respective heirs, successors, permitted assigns, and legal representatives. Madison Profit Academy reserves the right to assign these Terms without your consent or notification. You may not assign or transfer your rights or obligations under these Terms to any third party without Madison Profit Academy's prior written consent.
On termination, all corresponding rights and obligations under these Terms cease immediately. However, you will remain liable for obligations connected to transactions entered into before termination, any liabilities accrued prior or as a result of termination, and certain sections of these Terms will survive termination.
These Terms, the Privacy Policy, and other legal documents make up the entire agreement between you and Madison Profit Academy regarding our Services. If any provision within these documents is found invalid by a court of competent jurisdiction, the rest of the provisions remain in full force and effect. Madison Profit Academy's failure to enforce any provision of these Terms shall not be seen as a waiver of such provision or right.
Madison Profit Academy may assign all contractual rights and obligations under these Terms to any affiliate, partner, or third party at its sole discretion, without further consent or notification. Most communications between Madison Profit Academy and you will be electronic, satisfying any legal requirements for written communication.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
Any disputes or claims not subject to arbitration, as per the applicable Terms, will be resolved exclusively within the jurisdiction of Miami, Florida. You agree that any claim arising out of these Terms must be filed within one (1) year of its occurrence or be forever barred. You may not assign these Terms without Madison Profit Academy's prior written consent. We will not be held responsible for any delay or failure in performance due to circumstances beyond our control.

Please contact us at [email protected] for any questions.