TERMS AND CONDITIONS OF USE
Welcome to Prosperix.com. This site is maintained as a service to our users. By using this site and the software applications hosted on this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site or any other site of Zenith Talent Corporation (DBA Prosperix).
1. Agreement
This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of Prosperix.com (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Zenith Talent Corporation (DBA Prosperix) upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at prosperix.com/terms-of-use. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
This Agreement is intended to apply to you, Zenith Talent Corporation, its affiliates and all Internet websites owned and operated by Zenith Talent Corporation and its affiliates, including, but not limited to, www.prosperix.com.
2. Privacy
Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at Prosperix.com/Privacy.
3. Ownership
All content included on this site is and shall continue to be the property of Zenith Talent Corporation (DBA Prosperix) or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
4. Trademarks
Zenith Talent Corporation, Prosperix, and others are either trademarks or registered trademarks of Zenith Talent Corporation. Other product and company names mentioned on this Site may be trademarks of their respective owners. You may not use any metatags or any other hidden text utilizing www.prosperix.com, Zenith Talent Corporation, Prosperix, or any of Zenith Talent Corporation’ trademarks.
The Web site may contain third party trademarks from time to time. Visitors do not have any right to use such third party trademarks without the express permission of that third party.
5. Site Use
Zenith Talent Corporation (DBA Prosperix) grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Zenith Talent Corporation (DBA Prosperix) and Zenith Talent Corporation (DBA Prosperix) may terminate your use of this website at any time.
Your access and use of www.prosperix.com may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Prosperix equipment, periodic updating, maintenance or repair activities that Prosperix may undertake from time to time, or other actions that Prosperix, in its sole discretion, may elect to take. Prosperix reserves the right to suspend or discontinue the availability of www.prosperix.com for access and use at any time in its sole discretion and without prior notice to you.
Certain services and features of www.prosperix.com are accessible only to registered users. The rights to register with www.prosperix.com and to be issued a username or password by Prosperix are available only to those individuals who provide to Prosperix the requested accurate, complete and current personally identifiable information. You must inform Prosperix of any changes to or updates of any personally identifiable information that you provide to Prosperix. You can submit changes or updates to support@prosperix.com. Prosperix reserves the right to deny or revoke issuance of any username or password Prosperix issues, at any time and without prior notice.
If you transmit, submit or post information to www.prosperix.com that is not personally identifiable information, you automatically grant Prosperix the royalty-free, non-exclusive right and license to use, copy, format, adapt and publicly display such information (in whole or in part) worldwide, and/or to incorporate the same in other Content and/or works in any form, media or technology now known or developed in the future. Prosperix may, in its sole discretion, edit, refuse to post or remove any information you transmit, submit or post to www.prosperix.com.
You shall not transmit, submit or post information to www.prosperix.com that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
7. Indemnification
Prosperix shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of www.prosperix.com and the access and use of www.prosperix.com under any username or password issued to you by Prosperix; (iii) your inability to access or use www.prosperix.com or any username or password issued to you by Prosperix; (iv) your downloading of any of the Content for your use; or (v) your reliance upon or use of the Content. Use of the Content is at your sole risk.
Certain jurisdictional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these jurisdictional laws apply to you, some or all of the above limitations on Prosperix’ liability may not apply to you, and you may have additional rights.
You shall defend, indemnify and hold harmless Zenith Talent Corporation (DBA Prosperix) and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested pursuant to registration; (iii) your access or use of www.prosperix.com; (iv) your access or use of www.prosperix.com under any username or password that may be issued to you by Prosperix; and/or (v) your use of the Content.
8. Disclaimer
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Zenith Talent Corporation (DBA Prosperix) DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Zenith Talent Corporation (DBA Prosperix) BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
10. Use of Information
Zenith Talent Corporation (DBA Prosperix) reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
11. Severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
12. Termination
You may terminate or opt out of this Agreement at any time by contacting Prosperix via legal@prosperix.com. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use www.prosperix.com. Following your termination or opting out of this Agreement, the provisions of this Agreement regarding “Limitation of Liability,” “Indemnification” and “Governing Law; Venue” shall survive. Prosperix may terminate this Agreement or any usernames or passwords that may be issued to you, at any time, without prior notice, for any reason, or for no reason.
13. Modification
Zenith Talent Corporation (DBA Prosperix) may modify these Terms. You should review the Terms regularly. In addition, Zenith Talent Corporation (DBA Prosperix) will post notice of modifications to these Terms on the Website. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
14. Governing Law; Venue
This Agreement will be interpreted and construed in accordance with the laws of the State of Nevada without regard to conflict of law principles.
TO THE EXTENT ALLOWED BY LAW, YOU AND PROSPERIX EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PRECEDING.
15. Force Majeure
Prosperix will not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances, such as acts of nature, fire, flood, earthquake, accidents, strikes, war, terrorism, quarantines or other governmental acts, failure of common carriers (including without limitation internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
16. Complete Agreement
These Terms constitute the entire and exclusive agreement between you and Prosperix with respect to the Website, and supersede and replace any other agreements, terms and conditions applicable to the Website. The headers for these Terms are for convenience only and will not affect the interpretation of these Terms. If a provision of these Terms is found unenforceable the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
17. Assignment
Prosperix may assign any of its rights under these Terms to an affiliate or to any successor in interest to the business of Prosperix. You may not assign your rights under these Terms and any such purported assignment is void.
18. Waiver of Terms
The failure of Prosperix to enforce these Terms for any period of time does not constitute a waiver of its right to enforce these Terms
19. Contact Information
HOW TO CONTACT US:
Zenith Talent Corporation (DBA Prosperix)
3540 West Sahara Ave, Suite 440
Las Vegas, NV 89102
Phone: 844-467-2300
Email: Legal@prosperix.com
