These Terms of Service (these “Terms”) explain how you can use the Proven Profit Miner mobile apps, websites, services and software (collectively “Proven Profit Miner”), provided by Dovna, LLC, (“Dovna,” “we” or “our”) so please read these Terms before you get started. They apply to all visitors, users and others who access Proven Profit Miner (“users”).
By using Proven Profit Miner you agree to be bound by these Terms and to the collection and use of your information as spelled out in our
Privacy Policy. If you are using Proven Profit Miner on behalf of a group or organization, you agree to these Terms for that group or organization and represent that you have the authority to do so (in that case, “you” and “your” refers to that group or organization).
Using Proven Profit Miner
Proven Profit Miner is a Chrome Extension that helps you find winning products and content by making it easy to quickly analyze data on various websites.
When signing up for Proven Profit Miner, you agree to provide accurate information. You also understand that you’re responsible for your activity using Proven Profit Miner and for safeguarding any passwords that you use. This goes without saying, but you‘re not allowed to access another user’s account without permission.
Lots of people rely on Proven Profit Miner, and we trust you to use Proven Profit Miner and our services responsibly - which means, for example, you agree not to interfere with Proven Profit Miner or our services or try to access them using a method other than the interface and the instructions that we provide.
By using Proven Profit Miner, you agree to ONLY use the data you analyze with it for your own personal private, non-commercial use (aka you can’t resell data you analyze with Proven Profit Miner). Using it for scraping purposes with the intention of distributing or disclosing the data in any way is strictly prohibited. It's intended use is to enhance your browser's capability by including functions that allow you to quickly analyze public facing HTML data for your own personal use.
You agree not to:
*copy, distribute, or disclose any part of Proven Profit Miner in any medium,
*probe, scan, or test the vulnerability of any system or network;
*breach or otherwise circumvent any security or authentication measures;
*interfere with or disrupt any user, host, or network, for example: don’t send a virus, overload, spam, or mail-bomb any part of Proven Profit Miner;
*sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Proven Profit Miner reservation codes;
*use Proven Profit Miner to abuse 3rd party sites which would include not following the best practices as outlined in the provided instructions (doing so could also get your 3rd party site account suspended - so don't do it.)
We may permanently or temporarily revoke or suspend your access to Proven Profit Miner without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Who can use Proven Profit Miner?
You can use Proven Profit Miner only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. Sorry kids - use of Proven Profit Miner by anyone under 13 is strictly prohibited.
Content
Your stuff is your stuff.
By using Proven Profit Miner, you allow Proven Profit Miner to help manage your data research. You retain ownership of any intellectual property rights that you hold in your stuff. So, what belongs to you remains yours - we don’t own it. These Terms do not give us any rights to your stuff or intellectual property except for the rights we need to provide Proven Profit Miner to you, as explained in these Terms. You are responsible and liable for anything you copy, share, upload, download or otherwise do while using Proven Profit Miner, and you represent that your stuff is actually your stuff or that you have all necessary rights to use your stuff on or through Proven Profit Miner.
Our stuff is our stuff
We retain our rights title and interest in Proven Profit Miner, and all that makes up Proven Profit Miner, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our stuff”), and all intellectual property rights related to our stuff. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use Proven Profit Miner for your personal, noncommercial use only (aka you can’t resell Proven Profit Miner). Just like you retain ownership over your stuff, we reserve all rights not expressly granted in these Terms in Proven Profit Miner and our stuff. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our stuff for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to give us feedback or ideas about Proven Profit Miner, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.
Copyright
You are responsible and liable for your stuff and what you otherwise copy, share, upload, download, or otherwise use while using Proven Profit Miner.
Dovna LLC LLC will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, Dovna LLC LLC may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) The physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Dovna LLC LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Dovna LLC LLC
Attn: Copyright Agent
46036 Michigan Ave Suite 120
Canton, MI 48188
Email: help@dovna.com
Privacy and Security
Your privacy is extremely important to us - we care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Please review our Privacy Policy, which explains exactly how we collect and store your stuff.
Software
Extension Updates: From time to time, we may issue upgraded versions of the extension. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the extension is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the extension or a copy of the extension, and Dovna LLC and our partners and suppliers retain all rights and interest in the extension. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
Modifying and Terminating Service
We are constantly changing and improving Proven Profit Miner. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Proven Profit Miner at any time without prior notice. We may also remove content from Proven Profit Miner at our discretion.
Subscriptions
Proven Profit Miner use is billed on a subscription basis ("Subscription(s)"). You will be billed in advance monthly (or annually if you annual plan is available and you purchased that type of subscription.)
You have the ability to upgrade or downgrade your subscription plan at any time. For any kind of upgrade or downgrade in subscription, please email help@dovna.com.
For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
Downgrading your Service may cause the loss of features or capacity of your account. Dovna LLC does not accept any liability for such loss.
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. Where required and possible, Dovna LLC will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
Refunds
Proven Profit Miner subscription fees are non-refundable.
However, you can cancel your subscription at anytime, but Dovna does not issue refunds or credits for partial months of service. Once you request to cancel, you will have access to Proven Profit Miner through the end of your current billing cycle, then service will be shut-off at the end of the current billing cycle and you will not be billed going forward. There will not be any prorating of unused time in the last billing cycle.
30 Day 100% Money-Back Guarantee
We're confident in Proven Profit Miner's ability to help you qucikly find winning products and content, and we want you to share our confidence! That's why we back every subscription with a 30 day 100% money-back guarantee to ensure customer satisfaction.
If for any reason you don't like Proven Profit Miner, or if it just doesn't work for you, simply email us at help@dovna.com within 30 days of purchase and we'll refund your 100% of money.
Miscellaneous Legal Terms
Below are some explicit definitions of legal terms: you might want to have a strong caffeinated beverage before reading :-)
Indemnity
You agree to defend, indemnify and hold harmless Dovna LLC LLC and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Proven Profit Miner, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your stuff or any that is submitted via your account; or (vi) any other party’s access and use of Proven Profit Miner with your unique username, password or other appropriate security code.
No Warranty
We promise to provide you with a great service, but we can’t promise everything. Proven Profit Miner is provided on an “as-is” and “as available” basis. Use of Proven Profit Miner and the software is at your own risk. To the maximum extent permitted by applicable law, Proven Profit Miner and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Dovna LLC and its licensors, do not warrant that the content is accurate, reliable or correct; that Proven Profit Miner or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Proven Profit Miner or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Proven Profit Miner is downloaded at your own risk and you will be solely responsibly for any damage that results from such download or use of the service.
Limitation of Liability
To the maximum extent permitted by law, in no event will Dovna LLC LLC, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Dovna LLC LLC has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $81 or the amounts paid by you to Dovna LLC LLC for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. Proven Profit Miner is controlled and operated from facilities in the United States. Dovna LLC LLC makes no representations that Proven Profit Miner is appropriate or available for use in other locations. Those who access or use Proven Profit Miner from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Notification Procedures and Changes to these Terms
Dovna LLC may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Dovna LLC in our sole discretion. Dovna LLC reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Dovna LLC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Dovna LLC may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of Proven Profit Miner after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) Proven Profit Miner.
Governing Law and Arbitration.
Governing Law: These Terms and the use of Proven Profit Miner services and software will be governed by Michigan law except for its conflicts of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Wayne County, Michigan for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration: For any dispute with Dovna LLC LLC, you agree to first contact us at help@dovna.com and attempt to resolve the dispute with us informally. In the unlikely event that Dovna LLC has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Dovna LLC claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Wayne County, Michigan, unless you and Dovna LLC agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Dovna LLC are each waiving the right to a trial by jury or to participate in a class action.
These Terms constitute the entire and exclusive agreement between you and Dovna LLC with respect to Proven Profit Miner, and supersede and replace any other agreements, terms and conditions applicable to Proven Profit Miner. These Terms create no third party beneficiary rights. Dovna’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by Dovna LLC without restriction. Dovna LLC and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us help@dovna.com with any questions regarding these Terms.
Last Modified: Sept 9, 2017