THE PROSPECTOR THEATER WEBSITE TERMS OF USE
These Terms of Use were last updated on: February 16, 2016.
NOTICE OF ARBITRATION PROVISIONS:
Your use of our Site or other Service is subject to binding individual arbitration of any
disputes which may arise, as provided in Paragraph 18 below. Please read the
arbitration provisions carefully and do not use our Site or other Service if you are
unwilling to arbitrate any disputes you may have with us as provided below.
1. ACCEPTANCE OF TERMS
a. These Terms of Use ("Terms") set forth the terms and conditions that
apply to your use of www.prospectortheater.org or any of our other
websites (collectively, the "Site") and any other services or products and
any related software applications (collectively, the "Service") offered
and/or operated by Prospects, Opportunity and Enrichment, Inc.
("Prospector" or "we" or "our" or "us"). By visiting our Site or otherwise
signing up for and/or using our Service, you agree that you have read,
understand and agree to be legally bound by these Terms. If you do not
agree to these Terms, please do not use the Site or other
Service. Prospector may, as hereinafter set forth, change these Terms
from time to time on a prospective basis, and modify, add or discontinue
any aspect, content or feature of the Site or other Service, at its sole
discretion. Your continued use or accessing of the Site or other Service
following the posting of any changes to the Terms constitutes your
acceptance of such changes. To the extent that an arbitrator or court of
applicable jurisdiction determines that applying any changes to these
Terms would render this an illusory or unenforceable contract, such
changes shall be applicable on a prospective basis only, with respect to
events or circumstances occurring after the date of such changes, to the
extent necessary to avoid these Terms being deemed illusory or
unenforceable.
b. Unauthorized access, distribution, reproduction, copying,
retransmission, publication, sale, exploitation (commercial or
otherwise), or any other form of transfer of any portion of the Site or
other Service, including but not limited to all content, services, digital
products, tools or products, is hereby expressly prohibited.
2. PERMITTED USE
a. Our Site and Service are for your personal and non-commercial use. They
contain material that is derived in whole or in part from material supplied
and owned by Prospector and other sources. Such material is protected
by copyright, trademark and other applicable laws. Unless otherwise
agreed to in writing by Prospector, you agree that you will not use the
Site or other Service, or duplicate, download, publish, modify or
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otherwise distribute or use any material in the Site or other Service for
any purpose, except for your personal, non-commercial use. You also
agree that you will not link to any page on the Site other than the home
page (for example, "deep linking"), without Prospector's prior written
consent. Use of the Site or other Service or any materials or content on
the Site or other Service for any commercial or other unauthorized
purpose is prohibited.
3. MEMBER REGISTRATION, ACCOUNTS AND PASSWORDS
a. If you establish a personal account with us, you agree to (1) provide true and accurate data
about yourself on our member registration form, and
to update and keep such data current. You will receive a password and
account upon completing the registration form. You are solely
responsible for maintaining the confidentiality of your password and
account, and you are solely responsible for all use of your password or
account, whether authorized by you or not.
of your password or account or any other breach of security and (b)
ensure that you exit from your account each time you use the Site or
other Service. Access and use of password-protected and/or secure areas
of the Site or other Service is restricted to users who have been given a
valid password by Prospector. We may terminate your membership and
access to our Site and Service if we learn that you have provided us with
false or misleading registration data.
4. ELECTRONIC CONFIRMATION TERMS
a. PROSPECTOR ELECTRONIC PURCHASES Rather than bringing a Print-at-
Home confirmation number to the theater, you have the option of
purchasing your tickets online and having an Electronic Confirmation QR
Code delivered to your mobile device (“Electronic Confirmation”). The
Electronic Confirmation contains a unique QR Code with details of the
movie you are going to see. You must present this Electronic
Confirmation to a Box Office attendant in order to print your actual
movie tickets. If you have questions about the purchase or use of the
Electronic Confirmation, please contact the Box Office. Your purchase of
an Electronic Confirmation will be deemed your agreement to the
following terms:
i. Message and data rates may apply and, if so, are billed by and
payable to your mobile service provider.
ii. The QR Code and any accompanying text sent to you by
Prospector is not your ticket to enter the movie theater – you
must present your QR code at the Box Office to print your movie
ticket(s).
iii. The Mobile Ticket barcode can be forwarded to another
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person and is non-refundable. Treat your Electronic Confirmation
like cash.
iv. If you purchase multiple tickets in a single order, your
Electronic Confirmation holds all of those tickets; when you
present the Electronic Confirmation at the Box Office, all tickets
will print at the same time.
v. Prospector is not responsible for lost or stolen Electronic
Confirmations, except as required by law. Anyone attempting to
gain entry with an Electronic Confirmation reported lost or stolen,
or cancelled for any other reason, may be reported to the
authorities and may have their mobile device withheld as
evidence.
vi. Prospector shall have the right to void any Electronic
Confirmation that violate these policies.
5. PRIVACY POLICY
a. PERSONALLY IDENTIFIABLE INFORMATION Your use of the Site or other
Service and any information provided by you or gathered by Prospector
or third parties during any visit to or use of the Site or other Service is
governed by the Prospector Privacy Policy which is incorporated by this
reference. You agree to Prospector's collection, use and sharing of your
information as set forth in the Prospector Privacy Policy.
6. USER CONDUCT
a. It is a condition of your use of the Site or other Service that you do not:
i. Interfere with any other user from using and enjoying the Site or
Service;
ii. Collect information about other users or third parties via
the Site or Service or use any such information for the purpose of
transmitting or facilitating transmission of unauthorized or
unsolicited advertising, junk or bulk e-mail, chain letters, or any
other form of unauthorized solicitation;
iii. Engage in the systematic retrieval of data or other content
from the Site or Service to create or compile, directly or indirectly,
a collection, compilation, database or directory, without
Prospector's prior written consent;
iv. Solicit other users to join, become members of, or
contribute money to any online service or other organization,
advocate or attempt to get users to join in illegal schemes or plan
or participate in scams involving other users;
v. Attempt to gain unauthorized access to other computer systems
or networks connected to the Site or Service; or
vi. Take actions for the purpose of manipulating or distorting,
or that may undermine the integrity and accuracy of, any ratings
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b. Additionally, you agree that you will not use the Site or other Service to
or reviews of any service or product that may be presented by the
Site or Service.
vii. Provide fictitious information or conceal your identity or
location, including, but not limited to, in an attempt to circumvent
limits associated with promotional or other offers.
upload, post, or otherwise distribute or facilitate distribution of any
material that:
i. Is libelous, defamatory or slanderous;
ii. Is sexually suggestive or contains explicit sexual content
(including nudity);
iii. Does or may denigrate or offend any individual or group
on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
iv. Does or may threaten, abuse, harass, or invade the privacy
of any third party;
v. Is fraudulent or infringes the rights of any third party, including,
without limitation, patent, trademark, trade secret, copyright,
right of publicity, or other proprietary rights;
vi. Constitutes unauthorized or unsolicited advertising, junk
or bulk e-mail (also known as "spam"), chain letters, any other
form of unauthorized solicitation, or any form of lottery or
gambling;
vii. Contains a software virus or any other computer code that
is designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications
equipment, or to damage or obtain unauthorized access to any
data or other information of any third party;
viii. Encourages conduct that would constitute a criminal
offense or give rise to civil liability;
ix. Impersonates any person or entity, including any
employee or representative of Prospector; or
x. Violates any applicable law or these Terms.
7. MONITORING
a. Prospector may, but has no obligation to, monitor the use of the Site or
other Service by members. During monitoring, information may be
examined, recorded, copied, and used for authorized purposes in
accordance with the Prospector's Privacy Policy. Furthermore, Prospector
reserves the right at all times to disclose any information posted on any
portion of the Site or other Service as necessary to satisfy any law,
regulation or governmental request, or to refuse to post, or to remove,
any information or materials, in whole or in part, that in Prospector's sole
and absolute discretion are objectionable or in violation of these Terms.
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8. GRANT OF LIMITED LICENSE
a. If you post any content to the Site or other Service, you hereby grant
Prospector and its affiliates and licensees a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
publicly display, publicly perform, modify, sublicense, and distribute such
content, and incorporate it in other works, in whole or in part, in any
manner and any media now known or hereafter developed. You
represent and warrant that you own such content or otherwise have
sufficient rights in the content to grant to Prospector the foregoing
license without infringing or violating the rights of any third party.
9. COPYRIGHTS
a. Prospector respects the intellectual property of others, and we ask our
users to do the same. The Digital Millennium Copyright Act of 1998 (the
"Act") provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright law.
Prospector, pursuant to the Act, reserves the right, but not the
obligation, to terminate your license to use the Site or other Service if it
determines in its sole and absolute discretion that you are involved in
infringing activity, including alleged acts of first-time or repeat
infringement, regardless of whether the material or activity is ultimately
determined to be infringing. Therefore, in compliance with the Act, if you
believe that any such third party materials infringe your intellectual
property rights, please send a notice to the agent identified below to
request a review of the alleged infringement. The notice must include the
following information (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to
have been infringed (or if multiple copyrighted works located on the Site
or other Service are covered by a single notification, a representative list
of such works); (c) identification of the material that is claimed to be
infringing or the subject of infringing activity, and information reasonably
sufficient to allow Prospector to locate the material on the Site or other
Service; (d) the name, address, telephone number and email address (if
available) of the complaining party; (e) a statement that the complaining
party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent or the
law; and (f) a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you
to send Prospector a counter-notice. Notices and counter-notices must
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meet the then-current statutory requirements imposed by the DMCA;
see http://www.loc.gov/copyright for details. Notices and counter-
notices with respect to the Site or other Service should be sent to:
Prospects, Opportunity and Enrichment, Inc., ATT: GENERAL COUNSEL, 25
Prospect Street, Ridgefield, Connecticut 06877. Prospector suggests that
you consult your legal advisor before filing a notice or counter-notice.
Also, please be aware that there can be penalties for false claims under
the DMCA.
10. PROPRIETARY RIGHTS
a. Prospector owns all right, title and interest in and to the Site or other
Service and all materials and content contained in the Site or other
Service, including, without limitation, all content, site design, logos,
button icons, images, digital downloads, data compilations, text, and
graphics are protected by copyright, trademark and other intellectual
property laws. Any unauthorized use of such materials or content is
strictly prohibited. Permission is granted to individual consumers to
electronically copy and to print hard copy portions of the Site or other
Service solely for personal use. Any other use of materials on the Site or
other Service, including reproduction for purposes other than those
noted above, modification, distribution, or republication, any form of
data extraction or data mining, or other commercial exploitation of any
kind, without prior written permission of an authorized officer of
Prospector is strictly prohibited. You agree that you will not use any
robot, spider, other automatic device, or manual process to monitor or
copy our Web pages or the content contained therein without prior
written permission of an authorized officer of Prospector. Prospector's
service marks/trademarks may not be used in connection with any
product or service that is not provided or authorized by Prospector, in
any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Prospector.
11. CHILDREN'S ONLINE PRIVACY PROTECTION ACT NOTIFICATION
a. Prospector’s website is not designed or intended for use by children
under 13. If you are under 18, you should use Prospector’s website only
with involvement of a parent or guardian. Pursuant to 47 U.S.C. Section
230(d) as amended, Prospector hereby notifies you that parental control
protections (such as computer hardware, software, or filtering services)
are commercially available that may assist you in limiting access to
material that is harmful to minors. Information identifying current
providers of such protections is available at the Electronic Frontier
Foundation Web site, http://www.eff.org. To view information on our
policy regarding the privacy of children under the age of 13, please see
our Privacy Policy.
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12. DISCLAIMER OF WARRANTIES
a. While Prospector uses reasonable efforts to include up to date
information on the Site and other Service, Prospector makes no
warranties or representations as to its accuracy, timeliness, reliability,
completeness or otherwise. PROSPECTOR PROVIDES THE SITE AND
OTHER SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROSPECTOR,
ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND
LICENSORS (COLLECTIVELY, THE "PROSPECTOR PARTIES") DISCLAIM ALL
WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROSPECTOR
DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE
UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES
OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR
(4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR
SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT
YOUR RISK.
13. EXCLUSION OF DAMAGES
a. NONE OF THE PROSPECTOR PARTIES WILL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING
TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES
WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE
THE SITE OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF PROSPECTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER
APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING
FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION,
COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR
THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT EACH OF THE PROSPECTOR PARTIES SHALL NOT BE LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE
SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING,
PROSPECTOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING
OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3
(MEMBERSHIP REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2)
CONTENT POSTED TO THE SITE OR OTHER SERVICE BY YOU OR ANY THIRD
PARTY.
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14. LIMITATION OF LIABILITY
a. IN NO EVENT WILL THE PROSPECTOR PARTIES' AGGREGATE LIABILITY TO
YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS
EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO PROSPECTOR IN THE SIX
MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO
THE LIABILITY.
15. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
a. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF
DAMAGES, PROSPECTOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH
JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS
SET FORTH ABOVE MAY NOT APPLY TO YOU.
16. THIRD PARTY WEB SITES
a. THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SITE OR OTHER
SERVICE ARE NOT CONTROLLED BY PROSPECTOR. ACCORDINGLY,
PROSPECTOR MAKES NO WARRANTIES OR CONDITIONS REGARDING
SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB
SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE
INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY
WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY PROSPECTOR. WHEN
YOU ACCESS ANY OF THESE THIRD-PARTY SITES, YOUR RIGHTS AND
OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES
RELATING TO THE USE OF THOSE SITES.
17. INDEMNIFICATION
a. You will indemnify and hold harmless the Prospector Parties, and at
Prospector's option defend the Prospector Parties, from and against any
damage, loss, cost or expense (including without limitation, legal fees and
costs) incurred in connection with any third-party claim, demand,
proceeding or action ("Claim") brought against any of the Prospector
Parties arising out of your use of the Site or other Service or any alleged
breach by you of any provision of these Terms, or the infringement by
you, or any other subscriber or user of your account, of any intellectual
property or other right of any person or entity. If you are obligated to
indemnify any of the Prospector Parties, Prospector may, in its sole and
absolute discretion, control the defense and disposition (including its
possible settlement) of any Claim at your sole cost and expense. Without
limitation of the foregoing, you will not settle, compromise or in any
other manner dispose of any Claim without the written consent of
Prospector.
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18. BINDING ARBITRATION OF ALL DISPUTES
a. We believe that arbitration is a faster, more convenient and less
b. We will make every reasonable effort to informally resolve any
c. You further agree that:
expensive way to resolve any disputes or disagreements that you may
have with us. Therefore, pursuant to these Terms, if you have any
dispute or disagreement with us regarding or relating to (i) your use of
or interaction with the Site or other Service, (ii) any purchases or other
transactions or relationships with Prospector, or (iii) any data or
information you may provide to Prospector or that Prospector may
gather in connection with such use, interaction or transaction
(collectively, "Prospector Transactions or Relationships"), you will not
have the right to pursue a claim in court, or have a jury decide the claim
and you will not have the right to bring or participate in any class action
or similar proceeding in court or in arbitration. By using or interacting
with the Site or other Service, or engaging in any other Prospector
Transactions or Relationships with us, you agree to binding arbitration
as provided below.
complaints, disputes, or disagreements that you may have with us. If
those efforts fail, by using our Site or other Service, you agree that any
complaint, dispute, or disagreement you may have against Prospector,
and any claim that Prospector may have against you, arising out of,
relating to, or connected in any way with these Terms, our Privacy Policy,
or any Prospector Transactions or Relationships shall be resolved
exclusively by final and binding arbitration ("Arbitration") and shall be
conducted in accordance with the then-prevailing rules of the American
Arbitration Association ("Applicable Rules").
i. the Arbitration shall be conducted before a single arbitrator
selected in accordance with the Applicable Rules or by mutual
agreement between you and Prospector (the "Arbitrator");
ii. the Arbitrator, and not any federal, state or local court or
agency, shall have the exclusive authority to resolve any dispute
arising under or relating to the validity, interpretation,
applicability, enforceability or formation of these Terms and/or
these arbitration provisions in Paragraph 18 hereof, including but
not limited to any claim that all or any part of these Terms is void
or voidable;
iii. the Arbitration shall be held either: (i) at a location
determined by the American Arbitration Association pursuant to
the Applicable Rules (provided that such location is reasonably
convenient for Prospector and does not require Prospector to
travel in excess of 50 miles from Prospector’s place of business);
or (ii) at such other location as may be mutually agreed upon by
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d. Prospector may modify these arbitration provisions, but such
you and Prospector; or (iii) at your election, if the only claims in
the arbitration are asserted by you and are for less than $1,000 in
aggregate, by telephone or by written submission.
iv. the Arbitrator (i) shall apply internal laws of the State of
Connecticut consistent with the Federal Arbitration Act and
applicable statutes of limitations, or, to the extent (if any) that
federal law prevails, shall apply the law of the United States,
irrespective of any conflict of law principles; (ii) shall entertain any
motion to dismiss, motion to strike, motion for judgment on the
pleadings, motion for complete or partial summary judgment,
motion for summary adjudication, or any other dispositive motion
consistent with Connecticut or federal rules of procedure, as
applicable; (iii) shall honor claims of privilege recognized at law;
and (iv) shall have authority to award any form of legal or
equitable relief;
v. the Arbitration can resolve only your and/or Prospector's
individual claims, and the Arbitrator shall have no authority to
entertain or arbitrate any claims on a class or representative
basis, or to consolidate or join the claims of other persons or
parties who may be similarly situated;
vi. the Arbitrator shall issue a written award supported by a
statement of decision setting forth the Arbitrator's complete
determination of the dispute and the factual findings and legal
conclusions relevant to it (an "Award"). Judgment upon the Award
may be entered by any court having jurisdiction thereof or having
jurisdiction over the relevant party or its assets; and
vii. if any part of this arbitration provision is deemed to be
invalid, unenforceable or illegal, or otherwise conflicts with the
Applicable Rules, then the balance of this arbitration provision
shall remain in effect and shall be construed in accordance with
its terms as if the invalid, unenforceable, illegal or conflicting
provision were not contained herein.
modifications shall only become effective thirty (30) days after
Prospector has given notice of such modifications and only on a
prospective basis for claims arising from Prospector Transactions and
Relationships occurring after the effective date of such notification.
19. TERMINATION
a. In its sole and absolute discretion, with or without notice to you,
Prospector may suspend or terminate your use of and access to the Site
or other Service, terminate your account and/or remove and discard
anything transmitted by you, or information stored, sent, or received via
the Site or other Service without prior notice and for any reason,
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including, but not limited to: (i) concurrent access of the Site or Service
with identical user identification, (ii) permitting another person or entity
to use your user identification to access the Site or Service, (iii) any
unauthorized access or use of the Site or Service, (iv) any violation of
these Terms, (v) tampering with or alteration of any of the software
and/or data files contained in, or accessed through, the Site or Service, or
(vi) failure to use the Site or Service on a regular basis. You may
terminate your account for any reason by emailing Prospector at
members@prospectortheater.org. Prospector shall not be liable to you
or any third party for any claims or damages arising out of any
termination or suspension of the Service. Termination, suspension, or
cancellation of the Service or your access rights shall not affect any right
or relief to which Prospector may be entitled, at law or in equity, and all
rights granted to you will automatically terminate and immediately revert
to Prospector.
20. GENERAL
a. These Terms and the relationship between you and Prospector shall be
b. Subject to the arbitration provisions above, any action or proceeding
c. No failure or delay by Prospector in exercising any right, power or
d. Unless otherwise expressly provided herein, the invalidity or
e. You agree that regardless of any statute or law which establishes a
governed by the laws of the United States and the State of Connecticut
without regard to its conflict of law provisions.
arising from, relating to or in connection with these Terms will be
brought exclusively in the federal or state courts located in Fairfield
County, Connecticut, and you irrevocably consent to the personal
jurisdiction of such courts and agree that it is a convenient forum and
that you will not seek to transfer such action or proceeding to any other
forum or jurisdiction, under the doctrine of forum non conveniens or
otherwise.
privilege under these Terms will operate as a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any
other or further exercise thereof or the exercise of any other right,
power, or privilege under these Terms.
unenforceability of any provision of these Terms will not affect the
validity or enforceability of any other provision, all of which will remain in
full force and effect.
different statute of limitations, to the maximum extent permitted under
applicable law, any claim or cause of action (including any arbitration)
arising out of, related to or connected with the use of the Site or other
Service, or these Terms, our Privacy Policy, or other Prospector
Transactions or Relationships must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
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f. The paragraph or section titles in these Terms are for convenience only
and have no legal or contractual effect.
g. These Terms represent the entire understanding of the parties regarding
its subject matter, and supersede all prior and contemporaneous
agreements and understandings between the parties regarding its
subject matter, and may not be amended, altered or waived except in
writing by the party to be charged.
h. These Terms are binding upon and shall ensure to the benefit of parties
and their respective successors, heirs, executor, administrators, personal
representatives and permitted assigns. You shall not assign your rights or
obligations hereunder without Prospector's prior written consent.