Terms of Use
Use Restrictions: This site is owned by Prosper Books. By accessing, navigating or using this website or ordering merchandise from this website you acknowledge that you have read and understand the terms and conditions (Terms of Use) of use, and that you agree with these terms and conditions and agree to be bound by them. If you do not understand the Terms of Use then you should leave the site immediately and seek legal advice before returning to use this site. If you do not agree to the Terms of Use you are not authorized to access, navigate or use this site in any way; and you are not authorized to purchase any merchandise or downloads from this site. Prosper Books may change, modify or update this agreement from time to time in the future. You agree to be bound by any future changes, modifications, or updates; and you agree to review these changes, modifications, or updates on a periodic basis. Among other restrictions, you are not authorized to use this site unless you have reached the age of a legal adult. All prices for merchandise found on this website is subject to change at any time. Prosper Books is not responsible for user error in downloading our virtual products. If your download fails we can email your product in a PDF file upon your email request explaining your failure to download. There is no refund for virtual downloaded products, since they can not be returned for resale.
Applicable Law: This website is owned by Prosper Books which is located in the United States of America, in the State of Florida. This website was created in and is managed within the State of Florida. Accordingly, this agreement for use will be deemed to have been made in the State of Florida and shall be subject to and governed exclusively by the laws of the State of Florida without reference to principles of conflicts of law. By accessing, navigating or using this site in any way, including purchasing merchandise or downloads, you consent to exclusive jurisdiction and venue in the State of Florida.
Disclaimer of Warranties and Exclusion of Liability: PROSPERBOOKS PROVIDES THIS WEBSITE ON AN “AS IS” AND “AS IS AVAILABLE” BASIS. PROSPER BOOKS, ITS OWNERS AND EXECUTIVES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE FUNCTIONALITY OF ITS SITE, ITS CONTENT OR MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR USE OF IT. PROSPER BOOKS, ITS OWNERS AND EXECUTIVES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, TO THE RELIABILITY OR AVAILABLITY OF ITS DOWNLOAD SERVICE AND DOES NOT WARRANT THAT ANY DOWNLOAD ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, PROSPER BOOKS, ITS OWNERS AND EXECUTIVES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROSPER BOOKS, ITS OWNERS AND EXECUTIVES DO NOT WARRANT THAT THIS SITE, ITS DOWNLOADABLE FILES, ITS SERVERS OR E-MAIL ARE FREE FROM COMPUTER VIRUSES, HARMFUL CODE OR OTHER HARMFUL EFFECTS. TO THE FULLEST EXTENT PERMITTED BY APPICABLE LAW, IN NO EVENT SHALL PROSPER BOOKS, ITS OWNER OR EXECUTIVES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, COINCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU ASSUME ALL RISK WITH THE USE OF THIS WEBSITE, INCLUDING DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT.
Links To Other Sites: From time to time Prosper Books may provide links to other related and/or unrelated third party sites. We are not responsible for the content, functional reliability, accuracy, copyright compliance, privacy law compliance, decency standards, or any material or lack of law compliant material on these sites or sites that link to us; whether or not they are acting as an affiliate and/or reseller of Prosper Books products.
Copyright Ownership: All material found on this site is protected under the copyright laws of the United States of America. This website material is the copyright of Prosper Books, this material includes but is not limited to the layout, design and content. You may not reproduce any of this material, store it or transcribe it. You may not send or forward by electronic means or otherwise any purchased downloaded files to any storage devise. Violators of this copyright ownership will be prosecuted to the fullest extent of the law.
Arbitration: You agree that any dispute you have with Prosper Books that arises out of or relating in any way from your use and navigation of this site or the purchase in anyway of merchandise from this site will be resolved exclusively by binding arbitration conducted by a single arbitrator in the city of Lakeland, Florida. The arbitration proceeding will be conducted under the rules of the American Arbitration Association, also know as AAA. Your dispute cannot be combined or joined with any other parties. You are required to be present at the arbitration proceedings and will bear the cost of your own attorney even if you are deemed the prevailing party in the arbitration proceeding. Any AAA costs shall be equally shared between you and Prosper Books. This arbitration proceeding shall be subject to this Terms of Use and the arbitrator shall be authorized to award either party a remedy subject to applicable law. The Arbitrator’s decision shall be final and binding.
In no event, shall a violation by you of the copyright laws that protect Prosper Books and the authors published by Prosper Books fall under the proceedings of arbitration unless agreed to by Prosper Books or the appropriate copyright owners. Such violations by you of the copyright laws are subject to a claim(s) in court proceedings or before a judge or jury.
All other claims or disputes that arises between you and Prosper Books as a result of your accessing, navigating or using this site, including the purchase of any merchandise or downloaded files from this site, will be settled by the arbitration process described above. BECAUSE THIS SITE REQUIRES ALL CLAIMS OR DISPUTES, OTHER THAN COPYRIGHT INFRINGMENT CLAIMS, BE SETTLED BY ARBITRATION THAT IS FINAL AND BINDING NEITHER PARTY WILL BE ABLE TO PURSUE THESE CLAIMS OR DISPUTES IN COURT OR BEFORE A JUDGE AND OR JURY. OTHER RIGHTS THAT YOU MAY HAVE, SUCH AS APPEAL OR DISCOVERY, IN A COURT PROCEEDING MAY NOT BE AVAILABLE TO YOU UNDER ARBITRATION. IF YOU DO NOT AGREE TO THIS ARBITRATION CLAUSE YOU SHOULD LEAVE THE SITE IMMEDIATELY.
Severability: If any clauses or provisions in this Terms of Use agreement, including the Arbitration provisions, are deemed unenforceable for any reason, such unenforceable provisions shall be severed only to the extent that makes the remaining provisions of the Terms of Use enforceable. The remaining portions of the agreement shall remain in full force and effect. You agree that any claims that are brought before a court or a judge or a jury will be under the jurisdiction and venue of the state or federal courts in the city of Lakeland in Florida and the State of Florida.
Privacy: Please read our Privacy Policy, which is a part of our Terms of Use by this reference.
Termination: Prosper Books may terminate this Terms of Use agreement at any time without notice. When this agreement is terminated you will have no authorization to access this site, and all limitations of liability of Prosper Books, and the copyright protections afforded to Prosper Books and its published authors shall survive. The Terms of Use and the Privacy Notice of Prosper Books constitute the entire agreement and understanding between you and Prosper Books in regard to your use of this website, and this entire agreement supercedes any and all other previous communications.
If you disagree with any of the terms, clauses or provisions of this Terms of Use or our Privacy Notice then you are not authorized to use this site or purchase any merchandise or download from this site, and must leave immediately.
