Website Terms

Welcome to www.prosperops.com (together with any related websites, the “Site”). The Site is owned and operated by ProsperOps, Inc. (“ProsperOps”). Please read these Site Terms (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).

You represent to ProsperOps that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and ProsperOps are collectively referred to as the “Parties” and each is a “Party”.

Service Terms. These Terms do not govern the use of ProsperOps services (the “Service”). If you are accessing or using the Service then you are subject to ProsperOps’ Service Terms (currently available at https://www.prosperops.com/legal/service-terms), or such other written contract as may be separately agreed and signed between you and ProsperOps (the “Agreement”).

ProsperOps Content. The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of ProsperOps or its licensors (“ProsperOps Content”). The Site (including the ProsperOps Content) is protected by copyright, trademark, trade secret and other laws; and as between you and ProsperOps, ProsperOps owns and retains all rights in the Site and the ProsperOps Content. ProsperOps hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the ProsperOps Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by ProsperOps in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any ProsperOps Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the ProsperOps Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the ProsperOps Content.

Trademarks. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of ProsperOps or other third parties. You are not permitted to use these Marks without the prior written consent of ProsperOps or such third party.

Privacy. Please review ProsperOps’ Privacy Policy for the Site (“Privacy Policy”), available at https://www.prosperops.com/legal/privacy-policy, to learn about ProsperOps’ information collection, usage and disclosures practices with respect to information collected by ProsperOps through the Site.

Your Content. By posting, displaying, publishing or making available for download or use any Content on the Site (other than personal information that is subject to the Privacy Policy), you hereby grant ProsperOps a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such Content.

Your Account. If you use the Site, you are responsible for maintaining the confidentiality of your ProsperOps 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. ProsperOps reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

Compliance with Laws. You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”).

Global Availability. ProsperOps controls the Site from its Austin, TX USA offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. ProsperOps makes no representation that the products and services referenced herein are appropriate, or available, worldwide.

Disclaimers of Warranties and Limitation of Liability. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PROSPEROPS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. PROSPEROPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROSPEROPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROSPEROPS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR E-MAIL SENT FROM PROSPEROPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROSPEROPS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Employment Opportunities. ProsperOps may, from time to time, post-employment opportunities on the Site and/or invite users to submit resumes to ProsperOps. If you choose to submit your name, contact information, resume and/or other personal information to ProsperOps in response to such employment listings, you are authorizing ProsperOps to use this information for all lawful and legitimate hiring, employment and other business purposes. ProsperOps also reserves the right, at its discretion, to forward such information to ProsperOps’ affiliates for their legitimate business purposes. Nothing in these Terms or contained on the Site will constitute a promise by ProsperOps to review any such information, or to contact, interview or employ any individual who submits such information.

Electronic Communications. When you visit the Site or send emails to ProsperOps, you are communicating with ProsperOps electronically; and you consent to receive communications from ProsperOps electronically. ProsperOps will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that ProsperOps provides to you electronically satisfy any legal requirement that such communications be in writing.

Modifications and Severability. ProsperOps may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Governing Law. This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Texas, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Travis County, Texas, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.

Contact. Please contact ProsperOps at [email protected] with any questions regarding these Terms.

Last Update: 12:00 PM CST, March 1, 2019