ProsperWalk reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Service. Please review the Terms periodically at http://www.prosperwalk.com/terms-of-service/. Your continued use of the Service or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with ProsperWalk or third parties.
License and Service Access. ProsperWalk grants you a limited license to access and make personal use of the Service. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of ProsperWalk. The license to use the Service does not include any rights to resale or commercial use of the Service or its contents; or any derivative use of this Service or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Back End, you warrant to ProsperWalk that you will not use the Service, or any of the content obtained from the Service, for any purpose that is unlawful or prohibited by these Terms. ProsperWalk does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website. If you violate any of these Terms, your permission to use the Service automatically terminates. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete,ProsperWalk has the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
Electronic Communications. When you visit the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You are responsible for providing, at your expense, any access to the Internet and any required equipment. By using the Service you agree that you will not do any of the following:
Restrict or inhibit any other user from using and enjoying the Service; or post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by ProsperWalk) or engage in spamming or flooding; or post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through theService for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
ProsperWalk has no obligation to monitor the Service. However, you acknowledge and agree that ProsperWalk has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. ProsperWalk will not intentionally monitor or disclose any private electronic-mail message unless required by law. ProsperWalk reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
ProsperWalk may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services (“Feedback”). You agree that ProsperWalk may, in its sole discretion, use the Feedback you provide to ProsperWalk in any way, including in future modifications of the Service, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant ProsperWalk a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Marketing and Outcomes ProsperWalk may make available to you additional items to promote the use of the Service. You agree that ProsperWalk will not be held responsible for the marketing, promotion, and advertisement of the Service to others. You also agree that ProsperWalk will not be held responsible for the number of downloads or perceived effectiveness of the Service.
Third Party Services. In connection with your use of the Service, you may be made aware of services, products, offers and promotions provided by third parties, and not by ProsperWalk. You are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not ProsperWalk, is responsible for the performance and any other aspects of the Third Party Services.
Third Party Web Sites. The Service may contain or reference links to Web sites operated by third party (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under the control of ProsperWalk. ProsperWalk is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. ProsperWalk does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by ProsperWalk of any information contained in any Third Party Website. In no event will ProsperWalk be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at Licensee’s own risk, and Licensee acknowledges and understands that linked Third Party Websites may contain terms and privacy policies that are different from those of ProsperWalk. ProsperWalk is not responsible for such provisions, and expressly disclaims any liability for them.
Disclaimer of Warranties. Your use of the Service, including any applets, software, mobile applications on all of its platforms, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROSPERWALK, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. PROSPERWALK DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SERVICE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. PROSPERWALK DOES NOT WARRANT THAT THE SERVICE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. PROSPERWALK IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability. THE ENTIRE CUMULATIVE LIABILITY OF PROSPERWALK AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM PROSPERWALK, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROSPERWALK AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PROSPERWALK OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROSPERWALK AND YOU. PROSPERWALK WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Billing and Other Online Services. ProsperWalk will withdraw payment from the credit/debit card or checking account you used to sign up for the service. If your form of payment for any reason does not allow ProsperWalk to withdraw the monthly fee at any point, you will be responsible for any and all bank fees that originate from the failed transaction. In addition you will incur in a $20 service fee. ProsperWalk will contact you at this point, and if you are unable to produce payment, the Service will be suspended until the payment is fulfilled. In addition if no payment is received after 30 days, the service will be permanently discontinued, your content and account permanently erased and an additional cancellation fee equal to $100 will be billed to you. You agree not to hold ProsperWalk liable for any loss or damage of any sort incurred as a result of any such actions pursuing the delinquency of your account. Your access may be limited from time to time, depending on the service provided by your Internet service provider or your financial institution. Your financial institution, not ProsperWalk, may bill you for these Online Services and such financial institution may have its own service agreement, which will govern the Online Services it provides. You agree to be responsible for all telephone charges associated with your Internet and online service usage.
Termination and Amendment. Your privilege to use or access the Service may be terminated by ProsperWalk immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Service and agree not to re-register or otherwise make use of the Service. Furthermore, you acknowledge that ProsperWalk reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Service. You understand that ProsperWalk may exercise this right in its sole discretion. ProsperWalk reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Service (or any part thereof). ProsperWalk shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein. You may cancel the service at any time as long as your payments are current, and by providing a written 30 day notice. You are responsible to retrieve any information you have uploaded to the Service before cancellation, as well as to transfer this information to the the provider of your choosing. A cancellation notice maybe be sent via email at info@prosperwalk.com or via certified mail at:
ProsperWalk LLC
55 N University Avenue # 210
Provo, UT 84601
Miscellaneous. Except as expressly set forth in these Terms, these Terms of Service are a complete statement of the agreement between you and ProsperWalk, and set forth the entire liability of ProsperWalk and its Suppliers and your exclusive remedy with respect to your access and use of the Service. In the event of a conflict between these Terms of Service and the Privacy Policy, these Terms of Service shall prevail. The Suppliers, agents, distributors, dealers, and employees of ProsperWalk are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on ProsperWalk. Any waiver of the terms herein by ProsperWalk must be in a writing signed by an authorized officer of ProsperWalk and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by Utah law as applied to agreements entered into and to be performed entirely within Utah, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts located in Utah County, Utah. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that ProsperWalk may have under trade secret, copyright, patent or other laws.
Last update May 20, 2016