PROFFERFISH
TERMS OF USE

Last Revised: March 26, 2026 | Version 2.0

The Profferfish web application (the "App") is a copyrighted work belonging to Profferfish, LLC, a limited liability company ("Company," "us," "our," and "we"). These Terms of Use ("Terms") govern your access to and use of the App and any related services offered by Company throughout the United States. Certain features of the App may be subject to additional guidelines, terms, or rules posted within the App, all of which are incorporated herein by reference.

BY ACCESSING OR USING THE APP, YOU ACCEPT THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE THE APP. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE APP.

IMPORTANT: These Terms contain a mandatory arbitration provision (Section 10) requiring individual arbitration to resolve disputes, and a class action waiver. Please read Section 10 carefully.

1. Accounts
1.1 Account Creation

To access certain features of the App, you must register for an account ("Account") and provide accurate, current, and complete information as prompted. You represent and warrant that: (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may delete your Account at any time by following the instructions within the App. Company may suspend or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities

You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use or suspected breach of security. Company is not liable for any loss or damage arising from your failure to safeguard your Account.

2. Access to the App
2.1 License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the App solely for your own personal, non-commercial purposes within the United States.

2.2 Restrictions

The rights granted herein are subject to the following restrictions. You shall not:

• License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App or any content displayed therein;
• Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the App;
• Access the App to build a similar or competitive product or service;
• Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the App except as expressly permitted herein;
• Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the App except as expressly permitted herein;
• Remove or alter any copyright or proprietary notices on the App or its content.

Any future releases, updates, or additions to the Apps functionality shall be subject to these Terms.

2.3 Modifications and Availability

Company reserves the right to modify, suspend, or discontinue the App (in whole or in part) at any time, with or without notice, and without liability to you or any third party.

2.4 No Support Obligation

You acknowledge that Company has no obligation to provide support or maintenance in connection with the App.

2.5 Intellectual Property

All intellectual property rights in the App and its content — including copyrights, patents, trademarks, and trade secrets — are owned by Company or its suppliers. These Terms do not transfer any such rights to you, except for the limited license in Section 2.1. All rights not expressly granted are reserved.

3. User Content
3.1 Your Content

"User Content" means any information or content you submit to or use with the App. You are solely responsible for your User Content and assume all risks associated with it. You represent and warrant that your User Content does not violate the Acceptable Use Policy in Section 3.3. Company is not obligated to back up any User Content, which may be deleted at any time without notice. You are responsible for maintaining your own backups.

3.2 License to Company

You hereby grant Company an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content solely for the purposes of operating and improving the App. You waive any moral rights or attribution claims with respect to your User Content.

3.3 Acceptable Use Policy

You agree NOT to use the App to collect, upload, transmit, display, or distribute any User Content that:

• Violates any third-party right, including any copyright, trademark, patent, privacy, or other proprietary right;
• Is unlawful, harassing, abusive, threatening, defamatory, obscene, pornographic, or promotes hatred, bigotry, racism, or physical harm against any person or group;
• Is harmful to minors in any way; or
• Violates any applicable law, regulation, or third-party obligation.

You also agree not to:

• Upload or distribute malware, viruses, or any code intended to damage or alter computer systems;
• Send unsolicited or unauthorized advertising, spam, or pyramid schemes through the App;
• Harvest or collect other users information without consent;
• Interfere with or disrupt the Apps servers or networks;
• Attempt to gain unauthorized access to the App or any connected systems;
• Use automated tools or scripts to generate multiple accounts or scrape data from the App (except as expressly permitted for public search engine indexers, per our robots.txt file).
• Company reserves the right — but not the obligation — to review User Content and take appropriate action for violations, including removing content, terminating accounts, or reporting to law enforcement.

3.4 Feedback

Any feedback or suggestions you provide to Company regarding the App ("Feedback") is assigned in full to Company. Company may use such Feedback without restriction and treats it as non-confidential. Do not submit ideas you consider proprietary or confidential.

3.5 Indemnification

You agree to indemnify and hold harmless Company and its officers, employees, and agents from any claim, demand, cost, or liability (including attorneys fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of applicable laws; or (d) your User Content. Company reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate.

4. Third-Party Links and Other Users
4.1 Third-Party Links and Advertisements

The App may display links to third-party websites or advertisements ("Third-Party Links & Ads"). Company does not control, endorse, or warrant such third-party content. You use Third-Party Links & Ads at your own risk, and the applicable third party terms and policies will govern your interaction with those services.

4.2 Other Users

Each user is solely responsible for their own User Content. Company does not control User Content and makes no guarantees as to its accuracy, quality, or suitability. Your interactions with other users are solely between you and those users. Company is not responsible for any loss or damage from such interactions and is under no obligation to become involved in user disputes.

4.3 Release

You release and discharge Company and its officers, employees, agents, successors, and assigns from all disputes, claims, liabilities, and causes of action — including personal injury, death, or property damage — arising directly or indirectly from your use of the App or interactions with other users or Third-Party Links & Ads.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

5. Disclaimers

THE APP IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE FREE OF VIRUSES OR HARMFUL CODE.

IF APPLICABLE LAW REQUIRES WARRANTIES WITH RESPECT TO THE APP, SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.

6. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCURING SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COMPANYS AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00), REGARDLESS OF THE FORM OF ACTION OR NUMBER OF CLAIMS. COMPANYS SUPPLIERS HAVE NO LIABILITY OF ANY KIND UNDER THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.

7. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our collection and use of your information as described in the Privacy Policy. We comply with applicable U.S. federal and state privacy laws.

8. Term and Termination

These Terms remain in effect while you use the App. Company may suspend or terminate your rights to use the App (including your Account) at any time, for any reason, at its sole discretion, including for violations of these Terms. Upon termination, your Account and access to the App will terminate immediately, and associated User Content may be deleted from our databases. Company will have no liability to you for any such termination. Sections 2 through 2.5, 3, and 4 through 10 survive termination.

9. Copyright Policy

Company respects intellectual property rights and has implemented a policy for removing infringing content and terminating repeat infringers, consistent with 17 U.S.C. § 512. If you believe a user of the App is infringing your copyright, please submit a written DMCA notice to our designated Copyright Agent containing:

• Your physical or electronic signature;
• Identification of the copyrighted work(s) claimed to be infringed;
• Identification of the infringing material and its location within the App;
• Sufficient information for us to locate the material;
• Your name, address, telephone number, and email address;
• A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Note: Pursuant to 17 U.S.C. § 512(f), any material misrepresentation in a DMCA notice subjects the complaining party to liability for damages, costs, and attorneys fees.

Designated Copyright Agent: Michael Higdon

Address: Fresh Legal Perspective, 6930 W Linebaugh Ave, Tampa FL 33625

Email: privacy@profferfish.com

10. Dispute Resolution
10.1 Overview

Please read this Section carefully. It affects your legal rights and contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

10.2 Applicability

All claims and disputes arising from these Terms or your use of the App — other than claims for injunctive or equitable relief, and those listed as exceptions below — that cannot be resolved informally or in small claims court shall be resolved by binding individual arbitration. This applies to you, Company, and all affiliates, successors, assigns, agents, and authorized or unauthorized beneficiaries.

10.3 Informal Resolution Required

Before initiating arbitration, the disputing party must send a written Notice of Dispute to the other party describing the nature and basis of the claim and the relief sought. Notices to Company must be sent to: Profferfish, LLC, ATTN: Legal, 9520 Ormsby Station Rd, Louisville, KY 40223. The parties have 30 days after receipt of the Notice to attempt informal resolution before arbitration may begin.

10.4 Arbitration Rules

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at American Arbitration Association® (AAA) | Official Site or 1-800-778-7879. A single, neutral arbitrator will preside. For claims under $10,000, non-appearance arbitration (by phone, online, or written submissions) is available at the election of the claiming party. For claims of $10,000 or more, the right to a hearing is governed by the AAA Rules. Hearings, if required, shall be held within 100 miles of your residence (if within the U.S.).

If the arbitrator awards you more than Company last settlement offer before arbitration, Company will pay you the greater of the award or $2,500. Each party bears its own attorneys fees and shares ADR Provider costs equally.

10.5 Waiver of Jury Trial

THE PARTIES WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO A JURY TRIAL. ALL CLAIMS SHALL BE RESOLVED BY ARBITRATION. IN ANY PERMITTED COURT PROCEEDING, BOTH PARTIES WAIVE THE RIGHT TO A JURY, WITH DISPUTES TO BE DECIDED BY A JUDGE.

10.6 Class Action Waiver

ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND CONSOLIDATED OR JOINT PROCEEDINGS ARE NOT PERMITTED UNDER THIS ARBITRATION AGREEMENT.

10.7 Confidentiality

All aspects of the arbitration, including the award, shall be kept strictly confidential, except as required by law or to enforce an arbitration award or seek equitable relief.

10.8 Exceptions to Arbitration

The following claims are not subject to this arbitration agreement: defamation, violations of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other partys patent, copyright, trademark, or trade secrets. Either party may seek emergency equitable relief in a court of competent jurisdiction to maintain the status quo pending arbitration. Either party may bring an individual action in small claims court.

10.9 Governing Law and Venue

These Terms shall be governed by the laws of the Commonwealth of Kentucky, without regard to conflict of law principles. For any matters not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Jefferson County, Kentucky.

10.10 Severability and Survival

If any part of this arbitration agreement is found invalid or unenforceable, the remainder continues in full force. This arbitration agreement survives termination of your relationship with Company.

11. General Provisions
11.1 Modifications to Terms

Company may revise these Terms from time to time. If changes are material, Company will notify you by email (at your last known address) or by posting a prominent notice on the App. Changes are effective 30 days after notice. Continued use of the App after that date constitutes acceptance of the revised Terms.

11.2 Export Controls

The App may be subject to U.S. export control laws and import regulations in other countries. You agree not to export, re-export, or transfer any U.S. technical data acquired from Company in violation of applicable export laws.

11.3 California Residents

California residents may contact the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs at 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

11.4 Electronic Communications

By using the App or communicating with Company via email, you consent to receive electronic communications from Company and agree that such communications satisfy any legal requirement for written communications.

11.5 Entire Agreement

These Terms constitute the entire agreement between you and Company regarding your use of the App. Our failure to enforce any right or provision is not a waiver. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable. You may not assign these Terms without Company prior written consent. Company may freely assign these Terms