These Savings Analysis Terms (“Terms”) are between ProsperOps, Inc., a Delaware corporation (“ProsperOps,” “we,” “us,” or “our”) and the person who creates an account to have ProsperOps conduct a free savings analysis (“you” or “your”) which allows you to visualize your historical and current cloud spend for the identified cloud products and services, benchmark your Effective Savings Rate, and quantify your cloud savings potential with ProsperOps. By clicking a box indicating your acceptance you agree to these Terms.
In order to run a savings analysis, 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 savings analysis(“Your Data”) and you will have access to parts of our services which contain our confidential information.
ProsperOps may use Your Data only for the purpose of providing the savings analysis. Each party agrees to keep in confidence any and all information shared via the account creation and savings analysis using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized disclosure of such confidential information as the receiving party uses to protect its own confidential information of a similar nature.
If after the savings analysis, you decide to purchase services from us, you will enter into a separate agreement including our Service Terms for use of the services.
You will not incur any charges for the savings analysis 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” AND YOU UNDERSTAND THAT USE OF THE SERVICES MAY BE INTERRUPTED AND MAY CONTAIN ERRORS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
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.