The following terms and conditions govern all use of the Prospectss website and all content, services, and products available at, or through, the domain prospectss.com (the "Website"). The Services are offered 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 Website by Prospectss (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by Prospectss, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
If you create an account for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Prospectss of any unauthorized uses of your account or any other breaches of security. Prospectss will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested to complete the sign-up process. You must not, in the use of the Services, violate any laws in your jurisdiction and in India (including but not limited to copyright or trademark laws). You must not create more than one account.
Any use of the Prospectss application programming interface (the "API"), including use of the API through a third-party product that accesses the Services, must comply with this Agreement including the following terms:
By creating an account, you grant Prospectss a perpetual worldwide license to use your company's name and logo(s) for the sole purpose of Prospectss's marketing and sales efforts, such as listing you as a Prospectss customer on the Website. You may revoke this license at any time by notifying Prospectss via email.
As Prospectss asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Prospectss violates your copyright, you are encouraged to notify Prospectss. Prospectss will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Prospectss will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Prospectss or others.
Prospectss does not transfer to you any Prospectss or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Prospectss. Prospectss, the Prospectss logo, and all other trademarks, service marks, graphics and logos used in connection with Prospectss, or the Services are trademarks or registered trademarks of Prospectss or Prospectss licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Prospectss or third-party trademarks.
Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by Prospectss at any time, in its sole discretion.
Prospectss reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Prospectss 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 the terms and conditions of this Agreement.
Prospectss may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. In the case of a paid account, Prospectss will refund the unused portion of your prepaid subscription amount within thirty (30) days, which will be paid to the same payment method you used to open the account.
The Services is provided "as is". Prospectss and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Prospectss nor its suppliers and licensors, makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
In no event will Prospectss, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Prospectss under this Agreement during the twelve (12) month period prior to the cause of action. Prospectss shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Prospectss, 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 your use of the Services, including but not limited to your violation of this Agreement.
All matters relating to the Website and these Agreement 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 Maharashtra without giving effect to any choice or conflict of law provision or rule (whether of the State of Maharashtra or any other jurisdiction).