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Terms of Use

1. Acceptance of the Terms of Use

These Terms of Use (“Terms of Use”) are entered into by and between You and/or the person upon who’s behalf You are accessing the Website (“You“) and Prosper Resources, LLC, dba Prosper (“Prosper,” “Company,” “We,” or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern Your access to and use of https://www.prospercc.com, including any content, pages, functionality, and services offered on or through said website (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before You start to use the Website.

BY USING OR INTERACTING WITH THE WEBSITE, BY CLICKING TO ACCEPT TO THE PRIVACY POLICY, OR BY SUBMITTING INFORMATION ON YOUR BEHALF OR THAT OF ANOTHER PERSON, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY BOTH THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT HTTPS://WWW.PROSPERCC.COM/PRIVACY, INCORPORATED HEREIN BY REFERENCE (“PRIVACY POLICY”). YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately. Your continued use of the Website following the posting of any revised Terms of Use means that You accept and agree to the changes. You are expected to check this page each time You access this Website so You are aware of any changes, as they are binding on You.

We reserve the right to withdraw or amend this Website, and any service, or material provided on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website to You.

2. General

THE PURPOSE OF THIS WEBSITE IS NOT TO RECOMMEND ANY PARTICULAR SERVICE PROVIDER OTHER THAN TO PROVIDE YOU INFORMATION AND RESOURCES CONCERNING SERVICE PROVIDERS MEETING THE PARAMETERS PROVIDED BY YOU. SUCH RESOURCES ALSO INCLUDE THE ABILITY TO FIND AND CONNECT WITH SERVICES AND SERVICE PROVIDERS (DEFINED BELOW) RELEVANT TO YOUR REQUEST.

THE INFORMATION PROVIDED IN THIS SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING WE PROVIDE IS INTENDED TO CONSTITUTE LEGAL, FINANCIAL, MEDICAL ADVICE, MEDICAL TREATMENT, BROKERAGE, OR OTHER PROFESSIONAL SERVICES OR ADVICE. IF NEEDED, YOU ARE ADVISED TO SEEK OTHER PROFESSIONAL SERVICES OR ADVICE.

THIS SITE DOES NOT CONSTITUTE AN ATTEMPT TO PRACTICE MEDICINE, NOR DOES IT ESTABLISH A PROVIDER-PATIENT, OR HOSPITAL-PATIENT RELATIONSHIP. WE MAKE NO RECOMMENDATIONS RELATED TO ANY NECESSARY HEALTH CARE ITEMS OR SERVICES.

There are some Service Providers with whom Prosper has a contractual relationship, but others are third parties who are included within the listings of results provided to you based upon the information that you provide to Prosper.

In the event that a Service Provider contacts you after you submit contact information through the Website, or you enter into a relationship with that Service Provider, such interactions, communications, and relationships are between you and that Service Provider.

We do not verify the credentials, status, quality, accuracy, etc. of any information, services, or Service Provider listing on the Website and do not take any responsibility for any information, negligence, action or inaction, or liability, arising from, or relating to, services provided by a Service Provider directly to you. You are responsible to research and use Your own independent judgment regarding the representations, merits, quality, and reputation of any Service Provider with whom You communicate. PROSPER DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF SERVICE PROVIDERS

We make the following written disclosure with regard to the services provided on the Website.

  • Provided You or a Service Provider meets the qualifications for participation, there are no restrictions within Prosper that are meant to exclude any individual or entity from Participating in Prosper.
  • We impose no requirements on the manner in which a Service Provider provides services to you. Again, such communications and this relationship is solely between You and that Service Provider.
  • Your use of our Website is free without any obligation to You. You may incur charges based upon your interactions, communications, and relationships with Service Providers. However, these charges are between You and that Service Provider and do not implicate Us or the Website.
  • There are four types of Service Providers available to You or visible to You on the Website: (i.) Third Party Providers; (ii.) Participating Providers; (iii.) Exclusive Providers; and (iv.) Affiliated Providers.
  • The primary source of service providers in Prosper are compiled-publicly available listings provided under license from the Care Support Network to Us. The majority of service providers on the Website are third-party providers, with whom We have no contractual relationship (“Third Party Providers”).
  • Additionally, there are service providers with whom Prosper has entered into, or already has, an existing contractual relationship (“Participating Providers”). Generally, Prosper will receive payment from such Participating Providers when you interact with a Participating Provider’s website or contact them by using our Website. Prosper receives a flat fee for such activity whether or not you actually enter into a contractual relationship with that Service Provider. This flat fee is not based upon the volume or value of any referrals or business generated by either party for the other, but is an agreed fee set in advance solely for Prosper’s marketing efforts.
  • There are other service providers that are directly selected by Prosper (“Exclusive Providers”). An example of such an Exclusive Provider is trustsandwills.com who Prosper selected as the exclusive source for legal services on the Website. Prosper has contractual agreements with such Exclusive Providers, wherein, Prosper receives a flat fee for such activity whether or not you actually enter into a contractual relationship with that service provider. This flat fee is not based upon the volume or value of any referrals or business generated by either party for the other, but is an agreed fee set in advance solely for Prosper’s marketing efforts.
  • Finally, there are service providers which are remotely related to the Company by way of a shared parent between Company and such service providers, and which may appear in the Listings (“Affiliated Providers”). Prosper receives no remuneration for the generation or listing of any Affiliated Provider.

Third Party Providers, Participating Providers, Exclusive Providers, and Affiliated Providers collectively constitute the “Service Providers” on this Website.

  • Prosper does not recommend any particular Service Provider, but provides a listing of those available to You based upon the criteria you provide to Prosper. Such criteria includes service type, payment sources and cost, proximity or desired location, CMS-Star Ratings (where available). The results provided to you are not filtered or prioritized based upon any fee or remuneration. However, they may be provided to you alphabetically or by CMS-Star Rating (if available).
  • There are no restrictions that would exclude an individual or entity from continuing as a participant. This statement assumes that there are Service Providers which match the criteria you submit or the services that You seek, that such Service Providers can be located on the Care Support Network database currently accessible to Prosper, and that the User Submissions to Us comply with the Content Standards of Section 9, and that the participant is not in violation of this Terms of Service. Prosper updates the Service Provider listings available from Care Support Network on a monthly basis.

3. Account Security

You are responsible for both:

  • Making all arrangements necessary for Your access to the Website; and,
  • Ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use and comply with them.

To access the Website or access some of the resources it offers, You may be asked to provide certain information, details, or contact information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current and complete and You represent the information provided is correct and true to the best of Your knowledge. You also represent that You are of legal age within the State and Country from where You are accessing this Website.

You agree that any and all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our https://www.prospercc.com/privacy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

We have the right to disable your use of the Website at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.

4. Intellectual Property Rights

The Website, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, third parties, Service Providers, or by the owner’s consent, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use, and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device(s) solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
  • Your computer may temporarily store copies of such materials in Your computers random access memory incidental to Your accessing and viewing those materials.
  • You may store files that are automatically cached by Your web browser for display-enhancement purposes.

You must not:

  • Modify copies of any materials from this site, except as provided above.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If You wish to make any use of material on the Website other than that set out in this section, please address Your request to: general@prospercc.com.

If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest, in or to the Website or any content on the Website, is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. Trademarks

Prosper Resources, LLC, Prosper, and all related names, logos, product and service names, designs and slogans are trademarks of the Company, its licensors, third parties, or the Service Providers. You must not use such marks without the prior written permission of the Company or their respective owner. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To send, convey, communicate, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm the Company or users of the Website, or expose them to liability.

Additionally, You agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

7. User Submissions

The Website allows users to submit, or transmit information to other persons, entities, or Service Providers through the Website (collectively, “User Submissions”).

All User Submissions must comply with the Content Standards set out in these Terms of Use. By providing any User Submissions, You grant Us, our affiliates, Service Providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to the Privacy Policy.

You represent and warrant that:

  • You own or control all rights in and to the User Submissions and/or have the right to grant such a license granted above to us and our affiliates and Service Providers, and each of their and our respective licensees, successors and assigns, or that You have obtained the appropriate permissions or proxy access on behalf of another in order to do so.
  • You are submitting the User Contribution from the United States.
  • You are not submitting any of Your specific medical information, personal health information, and/or data concerning or that on behalf of another who’s request You are submitting User Submissions.
  • You are not submitting any request for emergency assistance.

You understand and acknowledge that You are responsible for any User Submissions You submit, and You, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

8. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to process any User Submissions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANYONE POSTING ANY MATERIALS ON OR THROUGH THE WEBSITE. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

9. Content Standards

These content standards apply to any and all User Submissions. User Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Submissions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. Reliance on Information Posted

We do not warrant the accuracy, completeness or usefulness of information on this Website. Any reliance you place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.

11. Information about you and your visits to the website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

By submitting any User Information, You agree that You may be contacted by telephone at the number provided using automatic telephone dialing services and other technology to contact You by phone or text message (SMS). This applies even where You have previously registered on a Do Not Call registry.

You hereby expressly consent and agree that any telephone communication between you and US or you and a Service Provider may be recorded or monitored and stored for quality assurance.

12. Linking to the website

You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation, or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The website from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

13. Links from the website

If the Website contains links to other sites and resources provided by third parties, or Service Providers, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links by Service Providers. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

14. Geographic Restrictions

CURRENTLY, THIS WEBSITE IS FOR USE ONLY BY PERSONS PHYSICALLY LOCATED IN THE UNITED STATES. The owner of the Website is based in the State of South Dakota in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

15. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NEITHER WE, NOR ANYONE ASSOCIATED WITH THE COMPANY, WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, TRUSTEES, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN THE EVENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, OR ANY AFFILIATE, LICENSOR, SUPPLIER, SERVICE PROVIDER, OR ANY OTHER PARTY INVOLVED IN CREATING THIS WEBSITE AND/OR ITS CONTENTS, TO YOU OR ANY THIRD PARTY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR $50.00, WHICHEVER IS LESS. IN SUCH EVENT, YOU AGREE TO BRING ANY AND ALL ACTIONS WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION FIRST OCCURRED AND THAT ACTIONS BROUGHT AFTER THIS DATE WILL BE FOREVER BARRED.

17. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, Service Providers, and its and their respective officers, trustees, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, Your User Submissions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Website.

18. Governing Law; Jurisdiction; Arbitration

PLEASE BE ADVISED THAT THESE TERMS OF USE AND THIS SECTION CONTAINS A WAIVER OF RIGHT TO JURY TRIAL CLAUSE, CLASS ACTION WAIVER, AND AN ARBITRATION CLAUSE, ALL OF WHICH AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH US.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of South Dakota or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Dakota, in each case located in the City of Sioux Falls and County of Minnehaha, although we retain the right to bring any suit, action or proceeding against You for breach of these Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

YOU AND THE COMPANY HEREBY AGREE TO WAIVE ANY RIGHT WE MAY HAVE TO LITIGATE ANY SUIT, ACTION, OR PROEEDING BEFORE A JURY.  

YOU ALSO AGREE TO NOT JOIN OR CONSOLIDATE ANY CLAIMS BY OR AGAINST US IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

At Company’s sole discretion, We may require You to submit any disputes You may have arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association or similar organization applying South Dakota law.

19. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Waiver and Sever-ability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Entire Agreement

These Terms of Use and our Privacy Policy, constitute the sole and entire agreement between You and Prosper Resources, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

22. DCMA; Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent at: dcma@prospercc.com, and shall should include, at minimum:

  • A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law” and that the information submitted is accurate, and the complaining party is authorized to act on behalf of the owner of an exclusive right upon which the Website allegedly infringes;
  • Clearly identify the copyrighted work you claim was infringed;
  • Clearly identify the material you claim is infringing on our Website;
  • Your address, email address, and telephone number on the submission; and,
  • A signature by the person authorized to act on behalf of the owner of the exclusive right upon which the Website allegedly infringes.

This Website is operated by Prosper Resources, LLC, 4800 W. 57th St., Sioux Falls, SD 57108.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: general@prospercc.com.

23. Miscellaneous

Illinois Residents:

As stated above, we do not verify the credentials, status, quality, accuracy, etc. of any information, services, or Service Provider listing on the Website and do not take any responsibility for any information, negligence, action or inaction, or liability, arising from, or relating to, services provided by a Service Provider directly to you.

You are responsible to research and use Your own independent judgment regarding the representations, merits, quality, and reputation of any Service Provider with whom You communicate.

We do not warrant the accuracy, completeness or usefulness of information on this Website. Any reliance you place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

PROSPER DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF SERVICE PROVIDERS.