Terms of Service

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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)).

Project/Work Order Policy

All projects or work orders must be submitted via the official Profit Gopher work order system (“client portal”), spreadsheet, or form, located on the profitgopher.com domain, subdomain(s), or sent via electronic communication from an official Profit Gopher representative.

Cancellation/Refund Policy

Profit Gopher does not issue refunds for any purchased products and/or services.  Once you make a purchase on our site, we will not refund the purchase under any circumstances.

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 profitgopher@gmail. com with any questions.

Prep Block and Prepscription (Subscription) Policies

Prep Blocks and Prepscriptions may be offered as subscription services. Although you may cancel anytime, there are no refunds for prep blocks and/or subscription services (such as Prepscriptions) after they have been charged.  Subscription services are renewed automatically unless you cancel your plan.  If you cancel after you have been charged, your subscription will run until the end of the current billing period and then will not renew automatically.  After cancellation, you will lose any special or promotional rates that were given during your subscription period, and you must pay the current published rates if you wish to resubscribe in the future.

You (or any person you authorize) are solely responsible for canceling your subscription.  Neither Profit Gopher, its employees, contractors, or partners can assist in the cancellation of your plan.  You (or any person you authorize) must login to your online account that is in the profitgopher.com domain or subdomain(s) in order to cancel your subscription.  Verbal notification via in-person, telephone or voicemail message, sending an email, and/or sending messages via any type of social media (including, but not limited to: Facebook, Instagram, Twitter, LinkedIn, Foursquare, Snapchat, TikTok, etc.) to Profit Gopher, its employees, contractors, or partners does not constitute a valid cancellation procedure.  Once you initiate a cancellation, you should receive a notification of your cancellation to the email address listed in your account.  You will still be bound to the terms and conditions of your plan and of Profit Gopher for the remainder of your subscription period, if there is any time left in your subscription plan.

Your products have to be received/delivered to our office while your plan is active in order for them to be processed.  An active plan is one that 1) has not reached it’s expiration date without being renewed, and 2) still have a positive balance of unprepped items associate with it.  If products arrive after your plan has expired, and/or your Prep Block or Prepscription do not have a high enough positive balance to cover the processing of your products, you will have to purchase either a Prep Block or another Prepscription in order to have your products processed.

Storage fees on these products will begin 8 days from the date when your plan expired, or when you have used your entire allotment of units in your Prep Block and/or Prepscription.

To find our your current allotment balance, please send us an email with your inquiry to: profitgopher @gmail .com.

Cancellation Fees

Please note that cancellations made after an invoice has been generated, and/or cancellations processed in response to written requests (mail or email), will incur a cancellation fee equal to 50% of the subscription price, or $349.99 (whichever is greater). This fee covers administrative costs associated with processing the cancellation.  No additional units will be added to your account, and all current and rolled over units will be forfeited.

Receiving of Non-declared Products or Items

As part of using our service, clients agree to inform us of the quantities and the specific units that are to be sent to our warehouse before they have been delivered and received by our staff. Clients can do this in one of two ways:
– creating a project on the Profit Gopher Client Portal, or
– sending us a spreadsheet with the requested information

We need this information so that we can compare what we received with what you have ordered, or what you had sent to our warehouse. If the products or quantities do not match, we will alert you so that you can contact your vendor and initiation an inquisition.

If we receive products that a client has not informed us about beforehand, we will create a project on the client’s behalf, and list the products that we have received that day.

If anyone from the Profit Gopher staff creates a project on the client’s behalf — solely due to the client not informing us before delivery and receipt of product(s) — the client will be charged the equivalent of $1.00 per individual product (not per unit). Please see below for the explanation of what is considered a unit.

Units vs. Products and/or Items

Products and items are viewed the same by Profit Gopher. A product is a singular packaged item. A bag of M&M’s is considered a product and an item, because it is prepackaged by the factory as having multiple pieces.

A unit is considered a single item sold on a third-party marketplace (such as Amazon, Walmart, etc), which may include multiple items or products packaged together as a multipack or bundle. Using the same example from above, a pack of M&M’s would be considered both a product and a unit, however, 5 packs of M&M’s sold together as a multipack or bundle would be considered ONE unit.

Disclaimer of Non-Responsibility

In line with Profit Gopher’s vision to make the warehousing and distribution processes more efficient for its customers, we would like to notify you of the policy regarding the inventory of the products being received and delivered in and out of the company warehouse:

  1. Effective 3/1/24, Profit Gopher is requiring all customers to provide a full and exact inventory of all the products and goods being delivered.
  2. To ensure that there will be no disparity between the number of products delivered and distributed, customers are highly encouraged to provide, prior to or simultaneously with the delivery of units to the warehouse, an inventory in the form of an online client portal submission and/or spreadsheet(s), and reflecting the list of the following:
    • Universal Product Code (UPC)
    • Names, Titles, and/or descriptions of the products/SKUs (Item Description);
    • Quantity for each product/SKU
  3. Customers that are shipping to an Amazon fulfillment center or warehouse must also provide the following (in addition to the information requested in point #2 above):
    • Amazon Standard Identification Number (ASIN);
    • Fulfillment Network Stock Keeping Unit (FNSKU); and
    • Merchant Stock Keeping Unit (MSKU)
  4. Customers that are shipping to a Walmart fulfillment center or warehouse must also provide the following (in addition to the information requested in point #2 above):
    • Global Trade Item Number (GTIN); and/or
    • Stock Keeping Unit (SKU)
  5. Despite this standing policy, Profit Gopher is reiterating its commitment as a third-party channel in the sale of goods at Amazon and Walmart. Hence, we are going to proceed with the preparation and shipment of goods despite the absence of the requested inventory.
  6. The failure to deliver the requested inventory, however, shall be construed as the customer’s waiver of any claim against Profit Gopher in the event of any miscounted or missing items at Amazon and Walmart.
  7. Profit Gopher, therefore, shall bear no responsibility nor liability once the items are picked up by a courier or carrier for transport to the destination marketplace, which currently is Amazon and/or Walmart, but also any other destination that the customer may request shipment to.

Shipments Policy

Profit Gopher does not deliver products to the destination marketplace, but rather uses third-party carriers and couriers to pick up and deliver products to the destination marketplace.  These carriers and couriers are sourced through the seller portal that the client has given us access to when we create shipments on our clients’ behalf.  If there are any issues with shipments handed to the carriers or couriers, the client must notify us within 15 days of the shipment for Profit Gopher to launch an investigation.

If an error is found to be with Profit Gopher, we will work with the client for an amicable resolution.  If the error is with the carrier or courier for any reason (including shipments not appearing in the carrier’s or courier’s tracking system despite them accepting the packages, pallets, parcels, and/or overall shipment(s) from Profit Gopher for delivery to the destination marketplace(s)), the client must them contact the carrier or courier for a remedy, and the client agrees that Profit Gopher bears no responsibility nor liability to the packages, pallets, parcels, and/or overall shipment(s) that were given to said carrier or courier.

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

Time is of the essence.  Customers who are unresponsive to our requests for information or updates during a 48 hour period will have their items deemed abandoned.  In addition, if customer expresses disagreement after they have agreed to our terms and conditions by submitting a prep work order,  Profit Gopher reserves the right to announce a stricter abandonment policy should the customer become unresponsive to our communication efforts or fail to meet any deadlines that we give to the customer for resolution.

Products that have been prepped and are left unpaid for 7 days will be deemed abandoned on the 8th day.  This includes if a customer has become unresponsive to our requests, and/or if customer has not paid outstanding invoices.  On the 8th day and thereafter, customers may retain ownership of their items if payment for the services has been made in full, along with any storage and/or late fees that may be due.  If customers pays invoice on or after the 8th day but before storage and/or late fees have been applied, they are still responsible to pay these fees in order for their debts to be considered settled.

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 7 days of the original invoice date through any of our accepted online payment processors to profitgopher@gmail. com. If any or all payment is not completed within 7 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.  Profit Gopher may elect to work with the customer through employment of storage fees and/or any other mutually agreeable resolutions, but Profit Gopher still retains the right to exercise ownership of the goods if the company so desires.

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 $75 dollars of Profit Gopher services. Profit Gopher services do not include costs associated with any administrative, 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 Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia 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 the site (profitgopher.com), and Profit Gopher’s products and services are 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 all website pages and the Terms to stay informed of our updates.

Contact Us

Profit Gopher welcomes your questions or comments regarding these Terms:

Profit Gopher
1730 Cumberland Point Drive
Suite 8
Marietta, GA 30067

Email Address: profitgopher @gmail .com

Last Updated: September 25, 2024.