I. Introduction

Excess Profits, LLC starts every new User relationship with a contract. The contract spells out what you can expect from us, and what we expect from you. We do not know each User personally, so it is important to set out the ground rules clearly in advance.

If you agree to this contract, welcome to our system!

If you have any questions about any part of the contract, please contact us about it! We will be glad to explain why these contract provisions are important for our process. We would like to work with you on making changes if you can show us a better approach.

Please remember that until there is an agreement in place, you will not receive our services.

In this agreement, we have referred to the website and services provided by Excess Profits, LLC as the “Service”, to you as the “User” and to this contract as the “Agreement”.

II. Relationship Between Excess Profits, LLC And User

Excess Profits, LLC is an asset recovery firm that facilitates the process of retrieving surplus funds for users. Excess Profits, LLC does not guarantee that Users will be eligible for surplus funds, nor does Excess Profits, LLC guarantee that they will be able to recover surplus funds for the User as a result of using the service.

Disclaimer of attorney-client relationship

Any form of use of the Service by a subscribing member or potential client is not intended to and will not create an attorney-client relationship between any person or entity and Excess Profits, LLC. Any electronic communication sent to Excess Profits, LLC will not create an attorney-client relationship between the User and Excess Profits, LLC, such being expressly denied.

Excess Profits, LLC Does not provide legal advice

Excess Profits, LLC is not a law firm. Excess Profits, LLC offers no legal advice, recommendations, mediation, or counseling under any circumstance.

III. Confidentiality

Excess Profits, LLC makes every effort to maintain the confidentiality of any information submitted by Users to our System and our database of members. However, because Excess Profits, LLC cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not make any confessions or admissions. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. Excess Profits, LLC is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the System.

IV. Indemnification

The User agrees that Excess Profits, LLC is not responsible for any harm that this service may cause. The User agrees to indemnify, defend, and hold Excess Profits, LLC harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to Excess Profits, LLC, its affiliates, directors, officers and employees. Excess Profits, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of Excess Profits, LLC.

V. Communications and Other Data

Excess Profits, LLC is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.

VI. Other Rights of Excess Profits, LLC

Excess Profits, LLC also reserves the following rights:

to release current or past User information, pursuant to the terms of the Privacy Policy, in the event Excess Profits, LLC believes that accounts are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed, and/or if Excess Profits, LLC deems it necessary and/or appropriate.

to deny service to offenders of these guidelines or the Agreement

to terminate or deny service to anyone for any reason or no reason

VII. Modifications to Terms of Service

Excess Profits, LLC may change the Agreement at any time. The changes will be made available on the website. The user will be responsible for reading and complying with the new terms and conditions. Continued use of the service will indicate acceptance of the new terms and conditions.

VIII. Proprietary Rights of Excess Profits, LLC

Excess Profits, LLC owns certain things on this system, including the ‘look and feel’ of the system, the name of the system, and the collective work copyright in sequences of public messages on the system. Users cannot reproduce any message thread from the system, either electronically or in print, without Excess Profits, LLC permission and the permission of all participants in the thread. This is not a complete list — other things on the system are also property of Excess Profits, LLC. Contact Excess Profits, LLC before copying anything from the system with plans of reproducing it or distributing it.

The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Service or information presented through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by Excess Profits, LLC or its Sponsors, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that Excess Profits, LLC can display images and text throughout the Service.

IX. Disclaimer of Warranties and Limitation of Liability

A great danger for Excess Profits, LLC, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our Users. If one User libels another User, the injured User might blame us, even though the first User was really at fault. If a User uploads a program with a computer virus, and the other Users’ computers are damaged, we might be blamed even though a User left the virus on our System. If a User transmits illegal or improper information to another User, we might be blamed even though we did nothing more than unknowingly carry the message from one User to another. Accordingly, we need all Users to accept responsibility for their own acts, and to accept that an act by another User that damages them must not be blamed on us, but only on the other User.

Although it is the goal of Excess Profits, LLC to provide Users with a reliable, quality system, we may make mistakes or experience system failure or procedural difficulties from time to time. Such problems are inevitable in operating a system and procedure as complex as this one. We would not be able to make this system and general service available to Users if we had to accept blame or financial liability for any mistakes or damages of any kind. In order to continue offering and improving our service, Excess Profits, LLC must deny any warranties on this service and insure that our liability for any problems connected with the use of our system is strictly limited.

These needs are accomplished by the following disclaimers:

Disclaimer of Warranties

The user expressly agrees that use of the service is at the user’s sole risk. The service is provided on an “as is” and “as available” basis. Excess Profits, LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Excess Profits, LLC makes no warranty that the service will meet user’s requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does Excess Profits, LLC make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects will be corrected. Excess Profits, LLC makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by the user from Excess Profits, LLC shall create any warranty not expressly stated herein.

Limitation of Liability

The user agrees that Excess Profits, LLC shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if Excess Profits, LLC has been advised of the possibility of such damages. The user further agrees that Excess Profits, LLC shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

X. Arbitration

Any controversy or claim arising out of or relating to this Agreement or Excess Profits, LLC services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such 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 arbitration shall be conducted in the County of Broward, , and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or Excess Profits, LLC may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Broward, , necessary to protect the rights or property of the User or Excess Profits, LLC pending the completion of arbitration. This arbitration clause does not prohibit either Excess Profits, LLC or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Broward, .

XI. General

This agreement incorporates by reference our Privacy Policy and any notice by Excess Profits, LLC contained in any of the Web site pages and constitutes the entire understanding between the User and Excess Profits, LLC regarding the User’s relationship to our Service.

Users can reach our Service from all fifty states and around the world. Each of these places has a different set of laws. Since Excess Profits, LLC cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and Excess Profits, LLC shall be governed by the laws of the State of without regard to its conflict of law provisions.

If Excess Profits, LLC fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that Excess Profits, LLC has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

We appreciate your interest and support and we welcome you to our community!