These Evaluation Terms ("Terms") are between ProsperOps, Inc., a Delaware corporation ("ProsperOps," "we," "us," or "our") and the person who creates an account to evaluate the ProsperOps services ("you" or "your"). By clicking a box indicating your acceptance you agree to these Terms.
During the evaluation of our services, we will have access to your personal information (i.e., name, email, and contact information) and any other information you provide to us during the evaluation period and you will have access to parts of our services which contain our confidential information. Each party agrees to keep in confidence any and all information shared via the account creation and service evaluation.
If after the evaluation period you purchases services from us, you will enter into our Service Terms for use of the services.
You will not incur any charges during the evaluation period and are not obligated to enter into an order for services.
ProsperOps shall own and retain all right, title, and interest, including all intellectual property rights, in and to the services, including any improvements, modifications, and enhancements to it.
The services are provided AS IS with no warranty whatsoever, and we hereby disclaim any implied warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement.
We shall have no liability to you for damages in any way related to the subject matter of these Terms. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
These Terms will be governed by the laws of the State of Texas.
The individual agreeing to these Terms represents that: (i) if agreeing on his/her own behalf, the individual has the legal capacity to enter into contracts under applicable law; or (ii) he/she on behalf of a company or other legal entity, has the legal power and authority to bind that entity to these Terms.
These terms are the complete and exclusive understanding between the parties regarding its subject matter and supersedes and replaces any prior or contemporaneous agreement or understanding, written or oral.