Terms of Use Agreement
Changes to this Agreement
We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will
be included in a revised version of this Agreement accessible through the Site. Your continued use of the Site and
any related services following posting of any changes to this Agreement constitutes your unconditional acceptance
and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the
revised terms and conditions.
Privacy Information
By visiting or using this Site and its related services, contacting us through this Site or making submissions to the
Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is
hereby incorporated into this Agreement.
General Use and Site License
This Site and its related services are intended only for use by those who are 13 years of age or older. If you are
not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site
without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian,
you agree that you will monitor and supervise the use of this Site by children, minors and others under your care,
and you agree to be responsible for their use of this Site.
We grant you a limited, nonexclusive and revocable license to make use of the Site and related services, including on
any mobile devices you may own. You may view, copy, download or print materials from this Site for your own internal
use. In this context, “internal use†does not include posting, uploading or otherwise publishing the materials to
any other site absent our express written permission. This license does not include any rights not specifically
enumerated herein. You agree to use this Site only for lawful purposes and in accordance with the terms and
conditions contained herein.
Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does
not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the
Site or any of the content on the Site, including but not limited to the trademarks and copyrights of Prosperousnew and its
affiliates, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of
its contents; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Site;
(d) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the
contents of this Site not intended to be so read, including but not limited to using or directly viewing the
underlying code for the Site except as interpreted and displayed in a web browser; (e) to use any data mining,
robots, or similar automated data gathering and extraction tools to access the Site; (f) to violate or attempt to
violate the security of the Site, (g) to interfere with or attempt to interfere with the proper working of the Site
or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or
which, as determined by us, may harm Prosperousnew or users of the Site or expose them to liability; (h) to alter or modify,
or attempt to modify, any part of the Site; (i) to attempt to gain unauthorized access to any portion of the Site or
any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means; or (j)
to use reports, content, electronic documentation or other materials available on the Site to feed any downstream
product, application or website.
You agree not to use the Site for any purpose that is unlawful or prohibited by this Agreement or to solicit the
performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity
which infringes the rights of Prosperousnew or any other third parties. You agree not to take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected
to the Site.
You acknowledge that your use of this Site is at our sole discretion, and your license to use the site may be
terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to
refuse service, to block or prevent future access to and use of this Site, to terminate any user’s account, and to
alter or delete any material submitted to the Site through the user’s account. Following termination of this
license, the terms of this Agreement shall still apply to the extent practicable.
Intellectual Property Rights
Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons,
photographs, video clips, text and other material, is the property of Prosperousnew or its suppliers, licensors, talent,
partners or affiliates and is protected by United States and International copyright laws. Any and all content on
this Site is either the property of Prosperousnew or is used by us with the permission of its owner. The compilation of this
Site is the exclusive property of Prosperousnew and is protected by United States and International copyright laws. You agree
that you will not take any actions inconsistent with Prosperousnew’s ownership of the Site and its content.
The trademarks, logos, and service marks displayed on this Site are owned by Prosperousnew and other third parties, and this
Site’s trade dress is owned by Prosperousnew. All trademarks not owned by Prosperousnew are the property of their respective owners,
and, where used by Prosperousnew, are used with permission. Nothing contained on this Site may be construed as granting, by
implication, estoppel, or otherwise, any right or license to use any trademark. Prosperousnew’s trademarks and/or trade dress
may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our
prior written permission. You agree that you will not take any actions inconsistent with Prosperousnew’s ownership of, or any
third party’s ownership of, the trademarks and trade dress used on this Site.
Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and
trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCAâ€), Prosperousnew has
designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating
to this website or the other Prosperousnew properties (the “Designated Agentâ€). All such notifications relating to this
website or the other Prosperousnew properties must be a written communication and 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 at a
single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Prosperousnew to
locate the material.
D. Information reasonably sufficient to permit Prosperousnew to contact the complaining party, such as an address, telephone
number, and/or electronic mail address.
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.
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.
Claims of infringement which include the above required information must be submitted via postal mail, fax or email
to Prosperousnew’s Designated Agent as follows:
Service Provider: Prosperousnew
E-mail Address of
Designated Agent: [email protected]
Your Account
Before you can make use of certain services associated with this Site, you may be required to register with the Site
and create a user account. Payment for Site purchases will be processed through the applicable Application store, or
any other third party payment provider as we may designate from time to time. You acknowledge and agree that we are
not responsible for these financial transactions and the security of your financial data with respect to these
transactions. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of
your financial information and/or security. You agree and warrant that all information you provide to us through
this Site, including but not limited to any contact information and/or registration information for your account, is
truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us
promptly of any changes to your account information, including but not limited to any changes to your email address.
You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your
account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are
neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else
using your user account or password, either with or without your knowledge.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to,
selling, trading or transferring emails associated with such account).
Site Promotions
All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other
terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site.
Prices, promotions and availability are subject to change without prior notice.
Links to Third Party Sites
This Site may contain links to third-party websites or other resources, which we may have no direct control and all
of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed
the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is
made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree
that we are not responsible for the availability of such external sites or resources, and that we do not endorse and
are not responsible or liable for any content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any
content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
This Site may contain links to third-party websites or other resources that offer the sale of goods and services. The
user acknowledges that Prosperousnew is a member of affiliate programs with certain third-parties (including Amazon and
certain equipment manufacturers.)
General Information
This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes
all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for
herein or except in writing, signed by an authorized representative of Prosperousnew. If any provision of this Agreement is
determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be
enforced to the extent possible, and the offending provision shall be treated as though not a part of this
Agreement. Prosperousnew’s failure to act with respect to a breach of this Agreement by you or others does not constitute a
waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any
other rights under this Agreement.
Other information
We automatically collect other information about Users whenever they interact with our Site. This automatically
collected information may include the browser name, the type of computer, the IP address, the domains from which
Users are referred to the Site, and technical information about a User’s means of connection to our Site, such as
the operating system and the Internet service providers utilized and other similar information.
Background Checks
If any user is the subject of a background check conducted by a third party in connection with any Prosperousnew programs or
activities, Prosperousnew will obtain the results of the background check from that party and reserves the right to share or
disclose those results with any person or third party at its sole discretion.
Web browser cookies
Our Site may use “cookies†to enhance our Users’ experiences. Your web browser places cookies on your hard drive for
record-keeping purposes and to identify you should you visit the Site again. You may choose to set your web browser
to refuse cookies, or to alert you when cookies are being sent. If you reject cookies, you may still use the Site
but please note that some parts of the Site may be limited or not function properly.
How we use collected information
We collect and use our Users’ information for the following purposes:
To run and operate our Site and other services
We use your information and share it with select third
parties in order to display content on the Site correctly and to otherwise make the Site function properly. We also
use your information and share it with select third parties in order to maintain and develop the Site and in
connection with other services we provide.
To improve customer service
Information you provide helps us respond to customer service requests and
support needs more efficiently.
To research our services
We may use information in the aggregate to understand how our Users as a group
use the services and resources provided on our Site and to evaluate the effectiveness of the Site and our marketing
and business efforts.
To improve our Site
We use User information and feedback and share it with select third parties to
improve our products and services.
To communicate with Users
We may use your email address to send you information and updates or to
respond to your inquiries, questions, and/or other requests. We also use User information and share it with select
third parties on an ongoing basis to share details, news, and marketing information about our services and the
services of select third parties.
We may also disclose any collected information, including personally identifiable information, if: (1) the disclosure
is necessary or useful to our provision of services; (2) we believe in good faith that disclosure is necessary to
protect our rights, interests, or property; (3) we are acting in good faith to protect your safety or the safety of
others, to investigate fraud, or to respond to a government request; (4) we believe in good faith the disclosure is
required by law, such as to comply with a subpoena, search warrant, court order, or similar legal or administrative
process; and (5) a third party purchases or otherwise acquires us or the Site, in which case your information will
likely be among the assets transferred.
How we protect your information
We have adopted appropriate data collection, storage and processing practices and security measures to help protect
against unauthorized access, alteration, disclosure or destruction of your personal information, username, password,
transaction information and data stored in connection with our Site.
Sharing your personal information
In addition to the uses and disclosures described above, we may share or sell information with third parties for
marketing or other purposes. We may use third party service providers to help us operate our business and the Site
or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information
with these third parties for those limited purposes.
Electronic newsletters
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates,
related product or service information, etc. If at any time the User would like to unsubscribe from receiving future
emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via the
contact information listed below.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners,
suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that
appear on these other websites and are not responsible for the practices employed by websites linked to or from our
Site. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to
that website’s own terms and policies, including the privacy policy.
Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow
the ad server to recognize your computer each time they send you an online advertisement to compile non personal
identification information about you or others who use your computer. This information allows ad networks to, among
other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy
does not cover the use of cookies by any advertisers.
Google Adsense
Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on
their visit to our Site and other sites on the Internet. DART uses “non personally identifiable information†and
does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt
out of the use of the DART cookie by visiting the Google ad and content network privacy policy at
http://www.google.com/privacy_ads.html
Changes to this privacy policy
We have the discretion to update this privacy policy at any time. When we do, we will post a notification on the main
page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are
helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to
review this privacy policy periodically and become aware of modifications. Your continued use of the Site following
the posting of changes to this policy will be deemed your acceptance of those changes.
Children’s Privacy
The Site is not designed to solicit or collect data from individuals under the age of 13. In accordance with the
Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect or store any personal information,
even in aggregate, about children under the age of 13. If we discover we have received any information from a child
under the age of 13 in violation of this policy, we will delete that information within a reasonable time. If you
believe that we have any information from or about anyone under the age of 13, please contact us at the contact
points specified below.
Controlling and Updating Your Personally Identifiable Information
If you believe that the Site contains information about you that needs to be updated or corrected, you can update
that information by contacting us at the contact information below.
Your California Privacy Rights
Under California’s “Shine the Light†law, California residents who provide personal information in obtaining products
or services for personal, family, or household use are entitled to request and obtain from us once a calendar year
information about the customer information we shared, if any, with other businesses for their own direct marketing
uses. If applicable, this information would include the categories of customer information and the names and
addresses of those businesses with which we shared customer information for the immediately prior calendar year
(e.g., requests made in 2013 will receive information regarding 2012 sharing activities).
To obtain this information in connection with information collected through the Site, please send an email message to
[email protected] with “Request for California Privacy Information†in the subject line and in the body of your
message. We will provide the requested information to you at your e-mail address in response.
California Do Not Track Disclosures
We do not collect personally identifiable information about users’ online activities over time and across third-party
web sites or online services. For this reason, at this time, the Site does not respond to “do not track†signals.
Third parties may collect personally identifiable information through the Site as described in this Privacy Policy.
Contacting us
If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site,
please contact us at [email protected].