The website located at lightningdraft.com and related online services, including the online courses and community (collectively, the “Services”), are operated by Profitable Books, LLC, a North Carolina limited liability company (“Profitable Books,” “we,” or “us”). The Terms of Service below (the “Terms”) govern your use of the Services and are a legal agreement between you and Profitable Books.
By using the Services, you represent that:
(a) you have read and accept these Terms;
(b) you are at least 18 years old; and
(c) if you are using the Services as a representative of a company or other legal entity, you have the authority to enter into agreements on such entity’s behalf.
Your continued use of the Services means that you accept any new or modified Terms.
We may modify these Terms from time to time. If we make material changes, we will notify you by email (sent to the address specified in your Account) or by posting a prominent notice on our website at least thirty (30) days before the changes take effect. You are responsible for ensuring your Account information is current to receive such notifications. Your continued use of the Services after the effective date of any updated Terms constitutes your agreement to be bound by the modified Terms. If you do not agree to the changes, you must stop using the Services before the changes take effect.
Accounts
In order to use certain features of the Services, you may need to create a Profitable Books account (an “Account”). You will be asked to create a username and password, which you’ll need to access the Services. By creating an Account, you certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current.
You are responsible for the security and confidentiality of your Account and the Account information you provide to us. You agree to use your best efforts to prevent unauthorized access to or use of the Services, including by maintaining a strong password and keeping your passwords and other Account information confidential. You agree to monitor and control all activity conducted through your Account and to notify us promptly if you become aware of or suspect any security breach regarding your Account.
User Content and License Grant
You retain ownership of all Content you provide to Profitable Books through the Services. By submitting, posting, or otherwise making your Content available, you grant Profitable Books a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Content solely for the following purposes:
Operating, maintaining, and improving the Services;
Developing new features or services;
Fulfilling legal or regulatory requirements.
This license is limited to the duration of time your Content is available on the Services, except where retention is required for compliance with applicable laws, legal processes, or legitimate business interests. You represent and warrant that you own or have the necessary rights to grant this license for any Content you provide.
You acknowledge that any removal or deletion of Content by you from the Services does not automatically revoke Profitable Books’ rights to retain such Content for legal, regulatory, or compliance purposes, as required under applicable law.
Intellectual Property
Through the Services, you will have access to writings, graphics, audiovisual content, information, data, and other media, materials, and/or modes of expression (“Content”) that is owned or licensed by Profitable Books and protected by copyright, trademark, patent, trade secret, and other laws. Profitable Books retains all rights to our Content, and your permission to use the Services under these Terms does not convey any additional rights or ownership in connection with our Content.
You agree not to display any of Profitable Books’ trademarks or use them in any manner without our express written permission.
If you believe that any Content available through our Services violates your rights under U.S. copyright law, you may submit a takedown notice pursuant to the Digital Millennium Copyright Act (DMCA) to
Authorized Use and Prohibited Conduct
You agree to use the Services only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You may not, and may not allow others to:
Post or transmit any Content that is:
Harassing, abusive, obscene, hateful, or discriminatory;
False, misleading, or fraudulent;
Sexually explicit, vulgar, or defamatory; or
That discloses private or personal matters of any third party without proper authorization.
Post, transmit, or link to material that infringes on the intellectual property rights of others or that you do not have the right to share under law or contractual obligations.
Reverse-engineer, decompile, disassemble, or attempt to discover the source code or underlying technology of the Services.
Scrape, mine, or use any automated system (e.g., robots, spiders, or scripts) to access, monitor, or copy data from the Services without prior written permission.
Post or transmit any viruses, malicious code, corrupted files, or similar software that may harm the operation of the Services or any user’s systems.
Use the Services to compete with Profitable Books, including to build or enhance a competing service, product, or website.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with the proper functioning of the Services.
Profitable Books reserves the right to suspend, restrict, or terminate your Account or access to the Services at our sole discretion for any violations of these Terms.
Indemnification
You agree to indemnify, defend, and hold harmless Profitable Books, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
Your breach of these Terms;
Your violation of any applicable laws or regulations;
Your infringement of any intellectual property rights, privacy rights, or other third-party rights; or
Any misuse of the Services by you or any third party acting on your behalf.
Profitable Books reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense.
Limitation of Liability
To the maximum extent permitted by law, Profitable Books, its affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruptions, even if we were advised of the possibility of such damages.
In no event will the total liability of Profitable Books exceed the greater of: (a) the amount you paid to use the Services during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred and fifty U.S. dollars ($150).
Profitable Books will not be held liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, government actions, pandemics, or interruptions of communication networks.
Dispute Resolution and Arbitration
Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration, administered by the [American Arbitration Association] under its Commercial Arbitration Rules. The arbitration will be conducted in Wilmington, North Carolina, and the arbitrator’s decision shall be final and binding.
You agree to waive any right to bring or participate in a class action or class-wide arbitration. You further agree that disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.
Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina. You irrevocably consent to the jurisdiction of such courts and waive any objections based on venue or forum non convenient.
Privacy and Data Protection
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Services, you consent to the collection and processing of your personal data in accordance with our Privacy Policy and applicable laws, including but not limited to the General Data Protection Regulation (GDPR) for users in the European Union and the California Consumer Privacy Act (CCPA) for residents of California.
Last updated: January 17, 2025