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Terms of use

ATTENTION: PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE SITE. USING THE SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.

Prosper Media reserves the right to change these terms, information and available contractual license terms featured on the site without notice. These conditions set out the entire agreement between Prosper Media and you relating to your use of the site.

USE OF MATERIALS

The site is owned and operated by Prosper Media (referred to as "Prosper Media", "we", "us", or "our" herein). No material from the site may be copied, reproduced, republished, uploaded, posed, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Prosper Media copyright and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. Except as otherwise indicated on the site and except for the trademarks, service marks and trade names of other companies that are displayed on the site, all trademarks, service marks and trade names are property of Prosper Media.

COPYRIGHT NOTICE: Copyright © 2007 Prosper Media, 920 20th Street, Ste 125, Sacramento, CA 95814, PH: (916) 233-4462, E-mail: prosper@prospermag.com. All Rights Reserved. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

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DISCLAIMER

Prosper Media SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE, OR YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Prosper Media DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Prosper Media DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Prosper Media) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

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LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Prosper Media be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in the site, even if Prosper Media or a Prosper Media authorized representative has been advised of the possibility of such damages. In no event shall Prosper Media have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing the site.

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MISCELLANEOUS

This Agreement between Prosper Media and its users will be governed and interpreted under the laws of the state of California, without regard to its conflict of laws provisions. Any action brought in connection with this Agreement shall be filed within one year of the date of the alleged injury, regardless of any statute of limitations, and filed in the Superior Court of the State of California, County of Sacramento or U.S. District Court for the State of California, Eastern District, 9th Judicial District.

Prosper Media also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.

Prosper Media may use anything you transmit or post for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

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LINKS TO THIRD PARTY SITES

The site contains links to third party ("Third Party") sites. Prosper Media is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to a Third Party site, and reference to Third Party information, products or services linked from the site, is not, and should not be construed as, an express or implied endorsement by Prosper Media. You acknowledge that use of Third Party sites is at your own risk and that Prosper Media is not responsible or liable, directly or indirectly, for any damage or loss incurred in connection with products or services available on Third Party sites, nor for the accuracy, copyright compliance, legality, decency or other aspect of Third Party sites. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.

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GUIDELINES FOR LINKING TO THE SITE

Note: Anyone linking to the site must comply with the Guidelines for Linking to the Site and all applicable laws.

A site that links to the site:

  • May link to but not replicate Prosper Media content
  • Should not create a browser or border environment around Prosper Media content
  • Should not imply that Prosper Media is endorsing it or its products
  • Should not misrepresent its relationship with Prosper Media
  • Should not present false information about Prosper Media products or services
  • Should not use the Prosper Media logo without permission from Prosper Media
  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
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CONTACT INFORMATION

Any questions or concerns with respect to this Agreement or the site can be sent to Prosper Media by e-mail at prosper@prospermag.com or by mail at:

Prosper Media
920 20th Street, Ste 125
Sacramento, CA 95814
PH: (916) 233-4462
E-mail: prosper@prospermag.com

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version 1.0; last updated 08/15/2007

 
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