Prospect Maximizer Terms of Service

Updated: 07/06/2020

This page outlines the Terms of Service under which prospectmaximizer.com (“we” or “us”) provide you with our website, Prospect Maximizer.io (the “Site”), and our prospectmaximizer.com user management service (“Prospect Maximizer”). The following terms and conditions govern all use of Prospect Maximizer, the Site, and all content, services and products available at, or through, the Site and Prospect Maximizer (collectively referred to as the “Services”). The Services are subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by Prospect Maximizer.io (collectively, the “Agreement”).

Please read this page carefully. By using the Services, you are indicating your acceptance to be bound by these Terms of Service. In other words, these Terms of Service are a binding contract between you and us. If you are unwilling to be bound these Terms of Service, please do not use the Services. By entering into these Terms of Service, you further acknowledge your understanding and acceptance of our

Please note that these Terms of Service are subject to change. We may, in our sole discretion, revise the Terms of Service at any time by updating this page. You should visit this page periodically to review the Terms of Service, as it is binding upon you.

In addition, please be advised that this Agreement contains provisions that govern how disputes between us are resolved, including arbitration, a jury trial waiver and a class action waiver.

1. The Services

We are happy to provide you with the Services, which are designed to help you automate your marketing campaigns on social media. Please note that you use the Services at your own risk. We do not warrant that the Services will improve your business, generate a desired result, or increase your profits. You acknowledge and agree that we are not responsible if your profile page is banned, restricted, impaired, or removed from other websites or applications as a result of your use of the Services.

2. Your Responsibilities, Representations and Warranties

You are responsible for their respective usernames, passwords, and the security of your account with us (“Account”). You may never use another’s username and password. You may not allow others to access or use our Services with your unique username, password, or other security code. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).

In addition, you are responsible for providing your legal full name, a valid email address, credit card information, and any other information requested in order to complete the signup process. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by logging into your account settings or by contacting us here: http://prospectmaximizer.com/contact-us-2/

Finally, you shall be responsible for complying with these Terms of Service, and you further understand and agree that you are responsible for all information, data and content that you enter into the Services, and all activity that occurs using the Services.

You represent and warrant that (i) your use of the Services will be in strict accordance with these Terms of Service and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from United State of America or the country in which you reside), and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

3. Requirements For Use

a. Use the Services only for the Acceptable Uses, and not for any illegal or prohibited purpose.

As one of the conditions of your use of the Services, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Services for anything other than the Acceptable Uses, which are defined below in Section 4, below. You shall NOT use the Services in any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law (including but not limited to copyright laws).

b. Comply with laws in your jurisdiction

Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information exported from the United States or the country in which you reside.

c. Be over the age of 18

You must be at least the age of 18 to use the Services. To be clear, you may not use or access the Services if you are under the age of 18. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and in violation of these Terms of Service. By using the Services, you represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service.

d. Not be previously prohibited from using the Services

The Services may not be used by anyone we previously prohibited from using the Services.

e. Be a human

Accounts registered by “bots” or other automated methods are not permitted.

4. Acceptable Use of the Services

We are providing the Services to you so that you view, connect and message connections on social media platforms (the “Intended Purpose”). You agree that you will only use the Services for the Intended Purpose. You specifically agree that you will NOT:

• Use the Services if you are under the age of 18.
• Use the Services to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
• Use the Services to “stalk” or otherwise harass another.
• Use the Services to collect or store personally identifying information about others without their permission.
• Use the Services to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
• When signing up for the Services, use misleading email address or enter false and/or misleading information.
• Use the Services to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Use the Services to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
• Use the Services to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
• Use the Services to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Use the Services to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
• Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
• Conduct your own contests and promotions using the Services, or use the Services to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants.
• Incorporate information or content from our Services into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
• Sell, distribute or make any commercial use of third-party information or content in a manner that could be expected to offend the person for whom the third-party information or content is relevant.
• Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Services.
• Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.
  

 

5. Monitoring, Security, and Third Party Payment Processing

a). Monitoring

We have no obligation to monitor the Services or your use of the Services. You acknowledge and agree that we have the right to monitor the Services electronically from time to time and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves or our users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.

b). Security

While we take the security of the Services very seriously, we cannot ensure or guarantee the security of the Services or our Site. Any such use shall be at your sole risk, and you shall relieve us and our affiliates of all liability in connection therewith.

c). Third Party Payment Processing

We use a third party to process payments related to the Services, which is currently Stripe. Therefore, you may be asked by the third party payment processor to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any third party payment processor will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. We are in no way responsible for any charges you incur when making purchases or other transactions. We may retain sufficient personal information from your purchase to report to the IRS or other government authority, and retain such information for at least the minimum statutory period.

6. Fees, How we charge for the Services, Recurring Billing, Upgrades & Downgrades, Free Trials & Special Offers, and Refunds.

a). Prospect Maximizer Fees and Payment

By signing up for an Account, you agree to pay the monthly fees which correspond to the Services you selected. You can view the monthly fees for the Services here: http://prospectmaximizer.com/pricing/. Applicable fees will be invoiced starting from the day your Account is established. We will continue to charge your payment method every month, on the day of the month that you originally signed up for your Account, until you cancel your Account.

We reserve the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Your account can be canceled by you at anytime with 30 days written notice to us, by contacting us at or by cancelling through your account settings. You can also call to cancel at (615) 669-3089.

Payments for the Services are processed through Stripe You agree to pay the amount charged for the plan that you selected. You are also responsible for paying any sales and use taxes that may apply to your purchase of the paid account. If you do not pay on time or if your payment method cannot be charged for any reason, we reserve the right to either suspend or terminate the Services and your Account pursuant to Section 7, below. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Services for this reason. Our third party payment service provider (Stripe) may receive updated payment/banking information from your credit card or payment method issuer. The disbursement of this updated information is provided at the election of your credit card and payment method issuer. Neither we nor our third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.

b). Automatic Renewal.

After signing up for the Services, your payment method will be automatically charged every month on the day of the month that your Account was initially created. We will continue to charge your credit card each month on the same day of the month that your credit card was first charged until you cancel your account. For example, if you signed up for an Account on April 16, your payment method will be charged May 16, June 16, July 16, and so forth. If you cancel your Account 24 hours prior to the date your payment method will be charged, you will not be charged. See Section 7, below, for how to cancel your .

To be clear, if you sign up for an Account, YOUR CREDIT CARD WILL BE AUTOMATICALLY CHARGED THE AMOUNT OF FEES WHICH CORRESPOND TO THE SERVICES YOU SELECTED, AND ACCOUNT WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS OF ONE MONTH. AS SUCH, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT THE THEN-CURRENT RATE ON THE SAME DAY OF THE MONTH, EACH MONTH, UNTIL YOU CANCEL YOUR ACCOUNT.

c). Upgrades and Downgrades

Optional paid services, such as extra capacity, are available on the Services (any such services, an “Upgrade”). You may also downgrade your current Services.

For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Services may cause the loss of content, information, features, or capacity of your Account. We shall not be liable for any such loss.

d). Free Trials & Special Offers

We may offer free trials for the Services or for certain features of the Services. Your payment method will be automatically charged the corresponding fee for the Services after the free trial ends. If you do not wish to be charged for the Services, please make sure to cancel your free trial before the last day of the free trial.

We also have special pricing for users who have multiple social media accounts. Any special offers or pricing discounts are subject to their respective terms and conditions, and may be cancelled, discounted or modified at any time without notice to you.

e). Refunds

The Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months of the Services. In order to treat everyone equally, no exceptions will be made.

7. Cancellation And Termination

a). How to Cancel your Account

You are solely responsible for properly cancelling your Account. To cancel your Account, you email support@Prospect Maximizer.io and we will cancel your account. Note that the email must come from the same email associated with the Prospect Maximizer account for security purposes. You can also cancel through your account dashboard. However, please be aware that if you cancel your Account, you will no longer have access to the Services and all data you entered into the Services may be deleted (without the ability for recovery).

If your Account is cancelled or terminated before the end of the month that is currently paid for, your cancellation/termination will take effect immediately and you will not be charged again. However, we do not offer refunds if your Account is cancelled or terminated before the end of the billing period.

b). We may Cancel (or suspend) your Account

We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Services for any reason at any time, including a violation of these Terms of Service. In addition, in the event you fail to remit payment for the Services, we will suspend your Account and, after 30 days, we will terminate your Account. In the event we terminate your Account, the termination will result in (i) the deactivation or deletion of your Account, and (ii) the forfeiture and relinquishment of all your data. After termination, you will no longer have access to the Services or the data in your Account. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.

8. Support for the Services.

The Services include access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by us to respond to you within three business days) concerning the use of the Services. All Prospect Maximizer support will be provided in accordance with our internal policies and procedures.

9. Third Party Connectivity with the Services

You specifically represent and warrant that your use of the Services with a third-party product, including using Prospect Maximizer with a third-party social media platform, is at your own risk. You specifically acknowledge and agree that we are not responsible for damage and/or liability if you use the Services with a third-party product. To be clear:

• We are not responsible if you or your profile is banned, restricted, impaired or removed from LinkedIn or any other social media platform.
• Don’t mix our service with other automation tools.
• We are not affiliated with LinkedIn or any third-party social media sites in any way.
• It is your sole responsibility to comply with third party’s terms of service, including LinkedIn’s terms of service.
• In order to provide you with the Services, we must obtain required information for interacting with third-party services. This includes your LinkedIn credentials that you provide when your account is created. We don’t give away, or otherwise distribute your information to any third parties.
• We can’t guarantee any specific outcome from using the Services.
• We can’t guarantee the continuous, uninterrupted or error-free operation of the Services.
• If you use the tool for your company accounts, clients, or for someone else, you assume all responsibility for the results of your actions.
• We reserve the right to modify, suspend or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability.
• You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the Services.

10. Discontinuation of the Services.

Prospect Maximizer reserves the right at any time to modify or discontinue, temporarily or permanently, your access to our Services, including the Prospect Maximizer platform (or any part thereof), with or without notice.

11. Intellectual Property Rights.

a. Our Intellectual Property

Our Services, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall “look” and “feel” of Prospect Maximizer, are our sole property of, and are our protected patents, copyrights, trademarks, and service marks (the “Prospect Maximizer IP”). Content which is not created by us, including all other third-party product and service marks, are the trademarks and copyrights of their respective owners. Unauthorized use of the Prospect Maximizer IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Prospect Maximizer IP unless you obtain our explicit written consent. We grant you a license to use the Prospect Maximizer IP for the sole purpose of accessing and using the Services. Upon termination or suspension of your Account, you must immediately cease and desist using the Prospect Maximizer IP (and the Services in general).

b. Your Intellectual Property

We claim no intellectual property rights over the the data you enter into the Services which does not belong to us (the “Customer Data”). However, we ask that you respect the law, and not violate anyone’s intellectual property rights. Thus, you represent and warrant that:

• The Customer Data does not and will not violate third-party rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity.
• The Customer Data does not violate these Terms of Service, and falls within the Acceptable Uses section of these Terms of Service.
• There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of the Customer Data, or which might in any way impair the rights granted by you under these Terms of Service.
• You own all right, title and interest in the Customer Data, or, If the Customer Data incorporates (i) content/information created by another individual/entity or (ii) content/information from and/or about another individual/entity (collectively, “Additional Content”), you represent and warrant that you have all rights, licenses and applicable permissions required by law to post and use the Additional Content.

c. License of the Customer Data

You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use the Customer Data to provide the Services.

d. Copyright Infringement

We are committed to protecting copyrights and expect our users to do the same. If the owner of a proprietary work believes that a user of our Services is using his/her/its proprietary work and that work has been copied in a way that constitutes a copyright infringement, please send us a written notification to [email protected], with the subject line “Copyright Infringement.”

Notification. The written notification should include substantially the following information in the following format:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  Identification of the copyrighted work that the copyright owner claims has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on/in the Services;
• Information reasonably sufficient to permit us to contact the copyright owner, such as his/her/its address, telephone number, and, e-mail address;
• A statement that the copyright owner (or his/her/its representative) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that the signatory is the copyright owner or is authorized to act on behalf of the owner.

Counter Notification. If you disagree that you are infringing on another’s work, you may elect to send us a counter notice in the following format:

• A physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
• These Terms of Service are not legal advice, and before sending either a copyright infringement notification or counter notification, you may wish to contact a lawyer to better understand your rights and obligations the applicable laws.

12. Changes to these Terms of Service.

We reserve the right, at its sole discretion, to modify or replace any part of these Terms of Service. When we do, we will post the notification at https://app.prospectmaximizer.com and put a banner notice on the homepage of the Site for seven (7) days. It is your responsibility to check back to these Terms of Service periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service.

13. Email Notifications and Your Communications With Us

a. Email Notification & How to Opt-Out

You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Services, including any notices required by law, in lieu of communication by postal mail. Therefore, you must make sure your email address listed under your “Account Information” section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at [email protected]. If you do not want to receive non-legal notices by email, please opt out by contacting us at [email protected]. You can also send mail correspondence to:

Prospect Maximizer
501 Union St
Suite 509
Nashville, TN, 37219

b. Your Communications with us regarding improvements to the Services

You may contact us by email ([email protected]) or phone (615) 669-3089. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them — but any submission will be subject to these Terms of Service. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

14. Disclaimers and Warranties

a. Release and Limitations of Liability

You agree to release us and our employees, directors and officers from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Service and/or your use of the Services.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION), OR DAMAGES RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SERVICES AND/OR THE CONTENT WITHIN THE SERVICES (INCLUDING BUT NOT LIMITED TO THE Prospect Maximizer PLATFORM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM YOU BEING BANNED FROM A THIRD PARTY SITE, SOCIAL MEDIA PLATFORM, OR APP (INCLUDING BUT NOT LIMITED TO LINKEDIN).

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.

b. Warranties

By entering into these Terms of Service you acknowledge and agree that we are simply providing the Services, and that we make no warranties of any kind relating to the Services (which include but are not limited to the Prospect Maximizer platform), any data or content contained within or related to the Services, any data or content available through Services, and documents or information available through the Services. Furthermore, nothing on or within Services shall be considered an endorsement, representation, assumption of, responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.

WE DO NOT WARRANT THAT OUR SERVICES, OR THE CONTENT AVAILABLE ON OR THROUGH THE SERVICES (INCLUDING BUT NOT LIMITED TO THE PROSPECT MAXIMIZER PLAFORM), WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET IN GENERAL. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF SOFTWARE, TEXT, GRAPHICS AND LINKS.

SPECIFICALLY, WE DO NOT PROMISE OR WARRANT THAT YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR USE OF THE PROSPECT MAXIMIZER PLATFORM) WILL RESULT IN IMPROVED BUSINESS, INCREASED SALES, PROFIT, LEADS, OR BE A POSITIVE EXPERIENCE IN GENERAL. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE IN THE EVENT YOU OR YOUR ACCOUNT IS BANNED ON A THIRD PARTY SERVICE.

c. Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

15. Indemnification.

You agree to indemnify and hold harmless Prospect Maximizer, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or relating to your use of the Services, including but not limited to your violation of these Terms of Service, your violation of any other person’s intellectual property, and your conduct (including but not limited to violations of the law),

16. Arbitration, Jury Trial Waiver, Class Action Waiver and Right to Opt Out

a. Mandatory Arbitration

Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.

You agree that any dispute related to this Agreement, your use of the Services, or any dispute related to your relationship with us or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the Judicial Arbitration and Mediation Services (JAMS), located in San Diego, California. The JAMS Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The JAMS Rules of Arbitration are available on JAM’s website, https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

b. Jury Trial Waiver

Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.

You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

c. Class Action Waiver

Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.

ALL CLAIMS AND DISPUTES BETWEEN YOU AND US MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

d. 30-Day Right to Opt-Out of Arbitration, Jury Trial Waiver & Class Action Waiver

You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement by sending written notice of your decision to opt out to:

Prospect Maximizer
501 Union St
Suite 509
Nashville, TN, 37219

Or via email to [email protected] (with the subject line: Opt-Out of Arbitration, Jury Trial Waiver and Class Action Waiver Provisions) within 30 days from the date you first create an Account. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply you must bring claims per the Section labeled “Governing Law,” below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement. Since the information provided in this Agreement is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.

17. Miscellaneous Provisions

a. Access outside the USA

We make no claims that the Services are appropriate or legal to be viewed by certain persons or in certain countries. If you access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

b. No waiver and partial validity

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.

c. Equitable relief

You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.

d. Governing Law and jurisdiction

These Terms of Service are governed by the laws of the State of Tennessee without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in Nashville, Tennessee. In the event the claim is not arbitrated (e.g., you have waived arbitration pursuant to Section 16c, above), you consent to the personal and exclusive jurisdiction of the courts located in Nashville, Tennessee.

e. Entire agreement

These terms constitute our entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Services.

f. Digital admissibility

You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.

18. Questions And Our Contact Information

Any questions or concerns should be addressed to our support team at [email protected]. You can also reach us by phone at: (615) 669-3089.