Effective 01/10/2023
Profit Rhino™ Terms of Service
By using www.profitrhino.com or any of the services, including but not limited to Rhino Integrate, Rhino Platform and/or Rhino Service + Mobile (the “Services”) provided by Callahan Roach, LLC dba Profit Rhino LLC dba Profit Rhino (“Profit Rhino”), including licensing of the Data (as defined below) in accordance with the terms herein, you (“you” or “your”) are agreeing to be bound by the following terms and conditions (“Terms of Service”).
These Terms of Service, together with our privacy policy (available at https://profitrhino.com/privacy-policy/) (“Privacy Policy”), and any additional terms and conditions specific to a particular Service provided in writing to you by Profit Rhino, all of which are incorporated herein by this reference, constitute the entire agreement (the “Agreement”) between Profit Rhino and you (each a “Party” and together, the “Parties”) regarding this subject matter herein and supersede and replace any and all prior or contemporaneous agreements between the Parties regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service or Privacy Policy). If you are or will be using the Services on behalf of an organization, you agree to this Agreement on behalf of yourself and that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to both you and that organization.
Changes in Terms
Profit Rhino reserves the right to update and change this Agreement at any time and from time to time effective upon posting the modified terms of this Agreement on its website, with or without any other notice to you. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to this Agreement. Continued use of the Services after any such posting of the changes shall constitute your consent to such changes. If you do not agree to the amended Agreement, you agree to immediately stop using the Services and to provide Profit Rhino notice to terminate further Services to you. You can review the most current version of the Terms of Service at any time at: http://Profit Rhino.com/terms-of-service
Violation of any of the terms contained herein will result in the termination of your Account. You agree to use the Services at your own risk.
Account Terms
You must be 18 years or older to use the Services. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person; a single login shared by multiple people is not permitted. Pricing information can be found at https://profitrhino.com/pricing/.
You must create an account (your “Account”) and provide certain information about yourself in order to use some of the features that are offered through the Services. If you use any Service and provide us any information through the Services, such as your and/or your company’s name, mailing address, phone number, credit card information, billing address, zip code, e-mail address, and/or your password (collectively, your “Account Data”) for any accounts associated with you (your “Account(s)”), you agree to provide true, accurate, current, complete and up-to-date information. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Services (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the Services and your Account, including without limitation changing your password, terminating your Account, or requesting additional information to authorize transactions on your Account. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential and you agree not to disclose your password to any third party. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs, or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any applicable local, state, national and international laws and regulations (including but not limited to copyright laws).
API Terms
Customers may access their Account data via an API (Application Program Interface). In order to use and access the API, you must obtain API credentials (a “Token”) by becoming a subscriber. No subscriber may share its Token with any third party, but shall keep such Token and all login information secure, and shall use the Token as such subscriber’s sole means of accessing the API. You are responsible for all use that occurs under your Token, including any activities by you or your employees, contractors or agents. If you believe an unauthorized person has gained access to your Token we have issued you, you must notify us as soon as possible. Any use of the API, including use of the API through a third-party product that accesses Profit Rhino, is bound by the terms of this Agreement as well as the following specific terms:
You shall not:
Use or access our API for any application that replicates or attempts to replace the essential user experience of Profit Rhino’s website and/or applications.
Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use our API.
Use or access our API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
Use or access our API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
Use or access our API in a manner that adversely impacts the stability of the API, the Services, and/or the Profit Rhino servers. Profit Rhino reserves the right to deactivate your Token or block any IP address associated with your Token without limitation or notice if it determines, in its sole discretion, that traffic associated with your Token is adversely impacting the stability of the API, the Services, and/or the Profit Rhino servers.
Make API calls exceeding a reasonable amount, as determined in Profit Rhino’s sole discretion and in accordance with this Agreement.
Substantially replicate products or services offered by Profit Rhino, including, without limitation, functions or clients on platforms (such as iOS or Android) where Profit Rhino offers its own client or function.
Use or access our API or the Services in order to monitor the availability, performance, or functionality of any of the API or a Services or for any similar benchmarking purposes.
Repackage, sublicense, or resell the Services, our API, or the Data, or access thereto, or any part thereof,
Use or access the API or the Data in any manner that does or could potentially undermine the security of the Services, the API, the Data or any other data or information stored or transmitted using the Services.
Interfere with, modify or disable any features, functionality or security controls of the Services or our API
Defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Services or our API,
Reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Services or our API.
API Call Limitations: Profit Rhino may limit the number and type of API calls you are permitted to make during any given period. Profit Rhino will determine call limits based on various factors, including the ways your offerings may be used or the anticipated volume of use associated with your applications. If you abuse the API or exceed the call limits established by Profit Rhino, we reserve the right to charge you for excess API calls or to terminate your access to the API in accordance with the terms hereof. Profit Rhino, in its sole discretion, will determine abuse or excessive usage of the API. Profit Rhino may, but is not required to, make a reasonable attempt via email to warn the Account owner prior to suspension.
Profit Rhino reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
You expressly understand and agree that Profit Rhino shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Profit Rhino has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Profit Rhino shall have the right to audit your compliance with any restrictions or obligations pertaining to the API contained herein.
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying Accounts. When you register for a paid Account, your credit card or checking account is charged within 24 hours for the prorated amount of the monthly fee, as well as the one-time “Success Training” for implementation services. Thereafter, you will be billed monthly starting on the 1st day of the month after your paid Account was registered.
Customers who have previously subscribed for annual license agreement periods are “grandfathered in” and may continue on their annual subscriptions, with the annual fee billed automatically on the anniversary date of registration date. In all other cases, the Services are billed in advance on a monthly basis. All fees paid are non-refundable—there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Profit Rhino does not accept any liability for such loss.
Subscription License; Cancellation and Termination
Subscriptions for the Services can be cancelled at any time. Upon your subscription for the Services, Profit Rhino will provide you access and/or use of its proprietary data, including but not limited to images, diagrams, task data (e.g., numbers, marketing descriptions, times and names), part data (e.g., numbers, manufacturing numbers, cost, upsell and cross-sell opportunity information) and, option boards, and analyses and reports pertaining to or derived from this data (collectively, the “Data”). Profit Rhino owns all Data made available to you or produced by its Services. Paying subscribers who are in good standing with Profit Rhino are granted a limited, non-transferable, non-sublicensable license to use and access the Data for its own use (either on its own or through a software provider), but only for so long as they remain paying subscribers. Such subscribers immediately forfeit any license and rights to the Data and any right of use or access to it once their access to the applicable Services is terminated.
You may not assign, sell, distribute, lease, rent, sublicense, loan or transfer the Data or your license created hereby or disclose the Data to any other person except, for Proft Rhino Integrate subscribers, to a third party software provider which uses and accesses the Data exclusively on your behalf and agrees to be subject to the terms of this Agreement. You should be responsible for the unauthorized use and access of the Data by any third party you disclose the Data to. You may not web-enable the Data or sell, distribute, lease, rent, sublicense, or otherwise offer access to or use of, the Services via the internet or via any other network which are available to or accessible by third parties. All copies of the Data and any portion of the Data merged into or used in conjunction with another program are and will continue to be the property of Profit Rhino and subject to the terms and conditions of this Agreement.
You are solely responsible for properly canceling your subscription Account. An email or phone request to cancel your Account is not considered cancellation. You must receive a confirmation number from our client services to ensure cancellation. All of your settings will be immediately deleted from the Services upon cancellation. This information, as well as all of your data and content uploaded to used for the Services, cannot be recovered once your Account is cancelled.
If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. There are no refunds or prorated refunds of any subscription, product or license purchase.
Profit Rhino, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Services, or any other Profit Rhino service, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all settings and information in your Account. Profit Rhino reserves the right to refuse service to anyone for any reason at any time.
If your Account is cancelled or terminated for any reason, your license to use the Data is immediately and automatically terminated. At such time, you agree to immediately cease using or accessing the Data or any analysis or data containing or derived from the Data, whether in physical form (e.g., printed books, reports, notes or otherwise) or electronic form (e.g., through the use of your system or, in the case of Profit Integrate subscribers, the system of a third party software licensed or otherwise used by you). Additionally, upon Profit Rhino’s request, you shall return to Profit Rhino or destroy/remove access to all copies of the Data then in your possession or accessible by you, and you shall certify in writing (which certification shall be made by an officer of your organization, if your use of the Services is on behalf of such organization) that you have deleted and/or destroyed/removed access to all such copies. You acknowledge that any continued unauthorized use of the Data after termination of the Services is an unlawful infringement on Profit Rhino’s intellectual property rights in the Data, and that such infringement by you will constitute immediate, irreparable harm to Profit Rhino for which monetary damages would be an inadequate remedy, and entitle Profit Rhino to obtain immediate injunctive relief (without the requirement of posting bond), as well as such further relief as may be granted by a court of competent jurisdiction. If a court of competent jurisdiction finds that you have violated the terms of the license of the Data granted to you hereunder, Profit Rhino will be entitled to receive from you its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive in connection with such claim.
Modifications to the Services and Prices
Profit Rhino reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Profit Rhino Site (Profit Rhino.com) or the Service itself.
Profit Rhino shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide or otherwise upload to the Services (your “Content”). Your profile and Content remain yours. All Content posted by you on the Services must comply with all applicable local, state, national and international laws and regulations, including U.S. copyright law.
Profit Rhino does not pre-screen your Content, but Profit Rhino and its designee have the right (but not the obligation) in their sole discretion to refuse to display or remove any Content that is available via the Service.
Trademarks and Copyrights
The contents of the Profit Rhino website, apps, and the Services and all reports and Data produced by Profit Rhino pursuant to the Services are the intellectual property of Profit Rhino and are protected by law, including but not limited to United States and international copyright and trademark law. In addition, Profit Rhino and each of its logos are trademarks or service marks, or registered trademarks or registered service marks of Profit Rhino. The marks, Data, website, mobile applications, and other reports may not be altered or modified and may only be displayed, reproduced, or distributed by you in accordance with the terms of this Agreement. Otherwise, you must obtain our written permission prior to using any of our copyrighted material, trademarks or service marks. Additionally, Profit Rhino’s custom icons, graphics, logos, and scripting on the Services may be covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without our prior written permission.
No Warranties
Your use of the Services is at your sole risk. THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROFIT RHINO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROFIT RHINO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT OR DATA AVAILABLE THROUGH THIS SITE OR THE SERVICES . YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL PROFIT RHINO, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE DATA, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL OR LOST SALES INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (V) OR ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PROFIT RHINO TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES, PRODUCTS OR THE WEB SITE EXCEED, IN THE AGGREGATE, THE EQUIVALENT OF ONE (1) MONTH OF YOUR SUBSCRIPTION FEE. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Indemnity
You agree to indemnify and hold Profit Rhino, and its subsidiaries, affiliates, directors, officers, agents, partners, employees, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of this Agreement, or your violation of any federal, state or other law, rule, regulation in the United States or any other country in the world.
General Conditions
You understand that Profit Rhino uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Profit Rhino, or any other Profit Rhino service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Profit Rhino.
We may, but have no obligation to, remove your Content and your Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Profit Rhino customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages using the Services. You must not transmit any worms or viruses or any code of a destructive nature to our website or through the Services.
The failure of Profit Rhino to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
We may assign this Agreement or any part of it without restrictions. You may not assign this Agreement without our prior express written consent.
This Agreement and all questions with respect to the interpretation of this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without regard for conflict of laws provisions. By using the Services you expressly consent to personal and exclusive jurisdiction in the courts of the State of New York located in New York, New York.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Questions about this Agreement should be sent to [email protected].
