IMPORTANT READ CAREFULLY: THIS SERVICE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND YourProspex.com. PLEASE READ ALL OF THE TERMS IN THIS AGREEMENT BEFORE SUBSCRIBING TO THE SERVICE. BY SUBSCRIBING TO THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
YourProspex.com is a multiple purpose service, which allows members to manage their home-based business ventures on the Internet, and obtain qualified leads of individuals interested in operating a home-based business.
You understand that as an YourProspex.com Member:
a. You have the right to use, in accordance with this Agreement, a personalized part of the YourProspex.com web site to prospect, then recruit, business partners for your home-based business.
Relationship of the Parties
As a YourProspex.com member, you agree that:
a. You are an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of YourProspex.com.
b. You are not authorized to, and will not incur, any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of YourProspex.com.
c. You shall control the manner and means by which you use your website login account (Site), subject to compliance with the Agreement.
d. You agree that you will be solely responsible for paying all expenses incurred by yourself, including but not limited to travel, food, lodging, Internet access fees, secretarial, office, long distance telephone and other expenses.
You understand and agree that YourProspex.com may amend this Agreement at any time at its sole discretion, and that any such amendment will apply to you. You further understand that the current version of this Agreement shall be published at the YourProspex.com member's web site and that you will periodically review the Agreement as published. IF ANY AMENDMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF AN AMENDMENT WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE AMENDMENT.
Site Changes and Updates
You understand that YourProspex.com has the right, at its sole discretion, to make any and all changes and updates to the YourProspex.com site without any prior notification to you.
Term of Agreement
The term of this Agreement is from the date that you enter into this Agreement through to the date of termination of your login account. If it is canceled or terminated for any reason, you understand that you will forfeit use and access to the YourProspex.com site. In the event of cancellation, termination or nonrenewal, you agree to waive all rights you have, including but not limited to property rights, to your YourProspex.com website login account.
You may cancel this Agreement at any time with or without reason. To cancel this Agreement, log onto your login account and click on the "Terminate Account" link and follow the instructions that appear at that page. Notice of cancellation shall be deemed received upon your clicking of the "Submit" button at the bottom of the service cancellation page, Eastern Standard Time.
As provided in Paragraph 17 hereof, you agree that YourProspex.com may terminate this Agreement at any time, at its sole discretion, due to your violation of any of the terms of this Affiliate Agreement.
YourProspex.com absolutely does not tolerate or condone spamming. By entering into this Agreement, you agree that you will not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or "spamming" relative to the promotion of your YourProspex.com account or your home-based business. The terms "unsolicited faxes" and "unsolicited e-mail" mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting your YourProspex.com site or home-based business that is transmitted to any person. The immediately foregoing definition does not include a fax or e-mail: (a) to any person with that person's prior express consent, invitation, or permission; or (b) to any person with whom you have an established business or personal relationship. The terms "established business or personal relationship" mean a prior or existing relationship formed by a voluntary two way communication between you and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products or services offered by you; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
You agree that you will not copy, disassemble, de-compile, or otherwise reverse engineer the Member Site or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Member Site, or take any action contrary to this Agreement.
b. YourProspex.com Access to Your YourProspex.com Site. In order to permit YourProspex.com to protect the quality of its products and services, you hereby consent to YourProspex.com employees being able to access your account and records on a case-by-case basis at the sole discretion of YourProspex.com. Notwithstanding the foregoing, in no event will YourProspex.com give, sell, lease, license, transfer, or otherwise distribute your lead information to any person or entity.
c. Disclaimer of Warranties. YourProspex.com uses diligent efforts to maintain the YourProspex.com Site, but YourProspex.com is not responsible for any defects or failures associated with the Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
THE YourProspex.COM SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU USE IT AT YOUR SOLE RISK. YourProspex.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, YourProspex.COM MAKES NO WARRANTY THAT THE YourProspex.COM SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MEMBER SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE YourProspex.COM SITE WILL MEET YOUR EXPECTATIONS. YourProspex.COM SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN PART BY YOUR USE OF THE YourProspex.COM SITE, YOUR USE OF OR RELIANCE ON THE INFORMATION CONTAINED IN THE SITE, YOUR USE OF OR RELIANCE ON ANY INFORMATION THAT YOU OBTAIN THROUGH USE OF THE YourProspex.COM SITE, YOUR USE OF OR RELIANCE ON ANY INFORMATION RECEIVED FROM YourProspex.COM SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF YourProspex.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES/STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
YourProspex.com disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from the YourProspex.com Site and its content, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of the Site or any portion thereof, (c) your use of the YourProspex.com Site, or (d) your use of any equipment or software in connection with the Site. Nor does YourProspex.com warrant, guaranty or make any representations regarding the security of your account, or that the YourProspex.com Site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage.
d. Limitation of Liability. IN NO EVENT WILL YourProspex.COM BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YourProspex.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF THE YourProspex.com SITE, OR YOUR INABILITY TO USE THE SITE; OR (B) ANY FAILURE OF PERFORMANCE, OR ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; OR (D) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A COMPUTER VIRUS, OR OTHER TECHNICAL SABOTAGE; OR (E) ANY OTHER MATTER RELATING TO THE YourProspex.COM SITE OR OPERATION OF THE YourProspex.COM SITE. IN NO EVENT SHALL YourProspex.COM' LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE YourProspex.COM SITE.
e. Indemnification. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend, and hold harmless YourProspex.com, its parent company, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the YourProspex.com Site, your violation of the Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify YourProspex.com of any unauthorized use of your account or any other breach of security known to you.
Updating of Account Information
You understand and agree that it is your responsibility to insure that your account information, including your mailing address, e-mail address, and telephone numbers, are current.
You may not assign any rights or delegate your duties under this Agreement without the prior written consent of YourProspex.com. Any attempt to transfer or assign this Agreement without the express written consent of YourProspex.com renders this Agreement voidable at the option of YourProspex.com and may result in termination of the same.
Violation of Agreement
You understand that if you fail to comply with the terms of this Agreement, YourProspex.com may, at its discretion, terminate this Agreement or impose upon you other disciplinary action. To the extent permitted by law, YourProspex.com, its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred to as "associates"), shall not be liable for, and you release YourProspex.com and its associates from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by you as a result of: (a) your breach of this Agreement; (b) the improper promotion or operation of your YourProspex.com Site and any activities related to it; (c) any incorrect or wrong data or information provided by you; or (d) the failure to provide any information or data necessary for YourProspex.com to operate its business. You further agree to indemnify, hold harmless, and defend at your expense YourProspex.com and its associates against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees and all other expenses arising or alleged to arise in connection with your YourProspex.com Site and your promotion of the same.
This Agreement contains the entire contract between YourProspex.com and you. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.