Terms of Sale

TERMS OF SALE AGREEMENT

Please READ carefully by purchasing a product, service or subscription you (herein referred to as “Client”) agrees to the follow terms stated herein.

PROFITABLEZEROWASTE ("PROFITABLE ZERO WASTE") IS WILLING TO SELL TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT" YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN PROFITABLE ZERO WASTE IS UNWILLING TO SELL TO YOU, AND YOU SHOULD SELECT THE "DECLINE" BUTTON AND THE REGISTRATION WILL NOT CONTINUE.

1. Recurring Billing and Cancellation Terms

By purchasing a subscription product or service as indicated in the checkout form, you authorize us to charge your credit card or debit card for the amount identified in the checkout, including any recurring fees.

You must email adam@profitablezerowaste.com to terminate subscription and recurring fees at least 2 business days before the billing date. You can also terminate the subscription service and update your billing information by visiting your Account at https://profitablezerowaste.com/my-account.

Your are responsible for reviewing the billing date which can be found by logging in to your Account. When you have agreed to a minimum number of recurring fees in the checkout form or through a signed agreement, then you shall immediately owe and pay Profitable Zero Waste any unpaid future recurring fees for the cancelled subscription.

We recommend that you save, copy or print this acknowledgement for future reference.

2. Parties.

The parties to this Agreement are you, and the owner and operator of this profitablezerowaste.com web site, Profitable Zero Waste ("Profitable Zero Waste"). If you are not acting on behalf of yourself as an individual, then "you" means your company or organization. All references to "us", "this web site" or "this site" shall be construed to mean Profitable Zero Waste.

3. Purchase of Services and Goods; Other Documents.

Profitable Zero Waste agrees to sell, and you agree to purchase, services or goods from this site, subject to the terms and conditions hereof. Orders are not binding upon Profitable Zero Waste until accepted by Profitable Zero Waste. Other than as specifically provided in any separate formal purchase agreement between you and Profitable Zero Waste, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s) unless signed in writing or electronically by both you and Profitable Zero Waste. Any attempt to alter, supplement or amend this document or to enter an order for goods which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Profitable Zero Waste, in which case these signed terms will take precedence.

4. Eligibility.

Profitable Zero Waste Orders are not available to minors under the age of 18 years of age. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Profitable Zero Waste account to another party.

5. Price Quotes; Pricing.

Any price quotations provided on this site shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day Profitable Zero Waste accepts the order. Item prices shall be identified on the on-line order form at the time of your order placement. Profitable Zero Waste may change item prices at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes.

6. Shipping And Handling Charges; Taxes.

Separate charges for shipping and handling will be shown on our e-mail order confirmation. You will responsible for sales and all other taxes associated with your order, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on our e-mail order confirmation.

7. Payment Terms.

Terms of payment are within Profitable Zero Waste's sole discretion, and unless otherwise agreed to by Profitable Zero Waste in a signed written document, payment must be made in a manner approved by this site and received by Profitable Zero Waste prior to Profitable Zero Waste's acceptance of an order and the provision of services and goods.

8. Ownership; Risk of Loss.

Except for software and/or digital content, title to goods purchased at this site under this Agreement passes from Profitable Zero Waste to you on shipment from Profitable Zero Waste's facility. Loss or damage that occurs during shipping by a carrier selected by The Profitable Zero Waste shall be Profitable Zero Waste's responsibility. Loss or damage that occurs during shipping by a carrier selected by You is Your responsibility. Title to software and/or digital content will remain with the applicable licensor(s).

9. Refund Policy. 30-Day Money Back Guarantee - 100% Satisfaction Promise

We like to keep things simple and build our business on customer satisfaction. All new purchases are protected by our 30-Day Money Back Guarantee! Simply send us an email at adam@profitableZwaste.com and we'll refund you. As the name implies this is only applicable for the first 30 days of service of any new client and does not apply to additional services purchased or rendered to existing clients.

10. Warranty Disclaimer; Limitation of Liability.

PROFITABLE ZERO WASTE PROVIDES THE ITEMS AT THIS SITE "AS-IS" AND PROVIDED WITH ALL FAULTS. PROFITABLE ZERO WASTE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROFITABLE ZERO WASTE  SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, THAT THIS SITE HAS NO CONTROL OVER THE INTERNET, AND THAT THIS SITE IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THIS SITE'S SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some states do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.

11. Severability.

If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

12. Arbitration.

Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Johnson Iowa , and may be conducted by telephone or online by mutual agreement of the parties. The arbitrator shall apply the laws of the State of Wyoming to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

13. Jurisdiction And Venue.

The courts of Johnson County in the State of Iowa, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.

14. Force Majeure.

Neither party shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. Notwithstanding anything to the contrary contained herein, if either party is unable to perform hereunder for a period of thirty (30) consecutive days, then the other party may terminate this Agreement immediately without liability by ten (10) days written notice to the other.

15. Miscellaneous.

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. Signatures may be provided electronically. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of Iowa, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language.

This document was last updated on April 23rd, 2020 to add a link to provide clarity on the Terms of Sale Agreement.

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