ProspectMX.com Terms of Use

(last updated: January 2008)
Welcome to the ProspectMX.com Internet sites (the “Site”). These terms of use (“Site Terms”) apply exclusively to your access to, and use of, the Site so please read them carefully. ProspectMX.com offers the Site to you conditioned on your acceptance of this agreement without modification. You agree to review the Site Terms periodically to ensure familiarity with the most current version. Your use of the Site constitutes your acceptance of the Site Terms.
We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on our site and update the date. Your use of this Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms.

Introduction
This Site and the services offered herein are provided solely as a forum and technical interface that provides services relating to lead generation, website development, business consulting, web presence, web site hosting, etc. We do not sponsor, endorse, recommend or approve of any service providers for whom we provide services. You should use your independent judgment of the merits of any individual, entity or information that you find on or through this Site. While we try to confirm that participating providers are able to perform their respective services, we cannot and do not represent or warrant that any provider who offers services through this Site or related sites is licensed, qualified, or capable of performing any such service.

It should also be noted that we do not make any assurance as to the timeliness or accuracy of the information provided by any service or third party service providers. Furthermore, if the requesting consumer submits incomplete, insufficient or inaccurate information, or if the completion of the request conflicts with rules, laws or best practices, then an evaluation may not be provided to the requesting consumer.

Privacy
We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information.

Content and Data
No content, data, graphics, the look and feel, source code, etc. may be copied or reproduced to any other computer in any way, without ProspectMX.com’s express prior written consent, except as outlined in these Site Terms.

You may use information on ProspectMX.com’s web site services (e.g., helpful articles, brochures, and other such materials) which are made available by ProspectMX.com, provided that you do not make any representations or warranties concerning the information supplied; do not copy, reproduce, post, etc. the information anywhere; do not change any of the language in such documents; do not make any changes to the information as supplied.

Use of Site
The Site is only for your business use as it relates to providing services relating to lead generation, website development, business consulting, web presence, web site hosting, etc. You will not use the Site in any way that is unlawful, or harms ProspectMX.com and/or its suppliers. ProspectMX.com prohibits to the maximum extent allowable the resale, redistribution, and use of the materials included on the Site for purposes not related to providing services relating to lead generation, website development, business consulting, web presence, web site hosting, etc.

You may not use any spider, page scrape, or other automatic program or device or any similar manual process, to acquire, copy, access or monitor the site or any of its content and data, etc. ProspectMX.com, at its own discretion will not allow any such activity.

Uploading Photos and Images
ProspectMX.com may permit you to upload your own photos, logos and other such materials to certain sites. By doing this you are subject to the conditions outlined in these Terms. When you use and upload photos and images to the Site you are indicating that you in its entirety own the photo and images and have been authorized to use it.

Responsibility for Your Conduct
You are solely liable for your conduct or any information that you upload or transmit to this Site. You may not provide false or misleading information to this Site or submit information under false pretenses. Without limiting anything else in these Site Terms, we may immediately terminate your access to and use of the Site if you provide false or misleading information or submit information under false pretenses to this Site.

Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings on this Site, are non-confidential (subject to our Privacy Policy). We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disclaimer
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. PROSPECTMX.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, LINKS, SERVICES AND PRODUCTS ON THE SITE.

PROSPECTMX.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PROSPECTMX.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, PROSPECTMX.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
BY ACCEPTING THESE TERMS AND CONDITIONS YOU AGREE THAT PROSPECTMX.COM OR ITS AFFILIATES IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED THE FEES PAID BY YOU TO PROSPECTMX.COM, FOR SERVICES RENDERED IN THE PRECEEDING TWELVE (12) MONTH PERIOD.

Termination
We may terminate or suspend your access to the Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease, effective immediately, for any reason whatsoever, unless You have in force a prior contractual agreement with ProspectMX.com and in such case, the terms of the prior contract will supersede this Termination provision.

Indemnification
You agree to indemnify, defend and hold ProspectMX.com, its parents, subsidiaries, affiliates, strategic partners, officers, directors, and employees harmless from any and all claims, damages, losses, costs (including reasonable attorney’s fees) or other expenses that arise directly or indirectly out of Your use of the Sites.

Applicable Law and Venue
These terms and conditions are governed by and construed in accordance with the laws of the State of Pennsylvania, applicable to agreements made and entirely to be performed within the State of Pennsylvania, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Lancaster, Pennsylvania, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General Terms
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sub license your rights, if any, in the Site. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Site.

Acceptable Use Policy
By agreeing to the Site Terms herein, You agree to abide by the ProspectMX.com Acceptable Use Policy (“AUP”) which can be located at http://www.ProspectMX.com/aup/. You acknowledge and agree that You have reviewed and agree to be bound by the ProspectMX.com AUP.

Copyright © 2007 ProspectMX.com. All Rights Reserved.