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TERMS and conditions of use

Effective Date: April 28, 2024

 tERMS and conditions OF USE 

These Terms and Conditions of use set out the basis on which you may make use of the Prosper Energy Management ("Prosper Energy Management", "we", "our" or "us") digital information services which are accessed via, though not limited to, www.prosperenergymgmt.com, whether as a guest or as a client. Please read the following Terms and Conditions of use carefully before using Prosper Energy Management's website ("the Site"). By accessing and using the Site, you agree to comply with and be bound by these Terms and Conditions of Use. If you do not agree to these terms, please do not use the Site. You may print and keep a copy of these Terms and Conditions of use. They are a legal agreement between you and Prosper Energy Management and can only be modified with Prosper Energy Management's consent. Prosper Energy Management reserves the right to change these Terms and Conditions of use without your consent, as permitted under Section 9 below.

 1. Use of the Prosper energy management website 

You agree not to use the Site for any unlawful purpose or in any way that may harm the Site, its users, or its content. You agree not to engage in any activity that disrupts or interferes with the proper functioning of the Site. By using the Site, you represent that you are at lease 18 years of age.

 2. Accuracy of information and disclaimer

The information, content, data and other materials provided on the Site ("the Information") are provided for general information purposes only on an "as-is" basis without any warranties, express or implied. Whilst we will attempt to keep the Information accurate, we cannot and do not guarantee the accuracy of the Information, and we accept no responsibility, and shall have no liability, for any loss or damage which may arise from using or relying on the Information.

The Information does not constitute any form of advice or recommendation by Prosper Energy Management to you and is not intended to be relied upon by you in making (or refraining from making) any specific investment, acquisition, divestiture or other decisions, and you should take your own advice and/or independently verify such information before relying on it.

If you believe any of the Information is inaccurate, please let us know by contacting us at the email address set out under section 10 of these Terms and Conditions of use so that we may review the Information and update it if appropriate.

 3. intellectual property rights

The Information, and all designs, logos, text, graphics and trademarks on the Site are owned by or licensed to Prosper Energy Management, and are protected by intellectual property right laws. You may view, download and print the Information on the Site for your own personal and private use provided that they are not altered or changed in any way and are not used, in whole or in part, in any other publication, in whatever medium. Otherwise, the Information on the Site may not be stored, copied, reproduced, transmitted or otherwise made available on any network or in any other medium, in whole or in part, without the prior written consent of Prosper Energy Management.

 4. User-generated content

You are solely responsible for the content you submit, and it must not violate any applicable laws or infringe on the rights of others. Any user-generated content you submit to the Site, you grant Prosper Energy Management a non-exclusive, perpetual, royalty-free, and worldwide license to use, reproduce, modify, adapt, publish, and distribute your content.

 5. linking policy  

The Site contains links to other websites and resources provided by third parties, you understand that these are independent from Prosper Energy Management and that Prosper Energy Management has no control over the content of such websites or resources. Whilst Prosper Energy Management believes such websites and resources may be of interest to you, Prosper Energy Management does not endorse or accept any responsibility for the content or the use of such websites and resources. Use of these links is therefore made at your own risk and Prosper Energy Management accepts no liability for any linked websites or resources. You must also take your own precautions to ensure what is selected is free from any viruses, worms, Trojan horses or other items of a destructive nature.

 6. Privacy

Use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions of use.

 7. viruses

Prosper Energy Management does not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software. 

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Prosper Energy Management will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

 7. limitation of liability

Prosper Energy Management and its affiliates shall not be liable for any direct, indirect, special, incidental, or consequential damages, including loss of profits, business, contracts, revenue, data, or other intangible losses, arising out of or in connection with your use of the Site.

 8. governing law

These Terms and Conditions of use, their subject matter and their formation, are governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles.

 9. general

To the extent that you access and use any of the Information made available on the Site, you acknowledge that you are bound by the Terms and Conditions of use. If any provision in these Terms and Conditions of use is deemed to be invalid, illegal or unenforceable, the rest of these Terms and Conditions of use will remain in full force and effect.

These Terms and Conditions of use, together with the Privacy Policy, constitute the entire agreement between you and Prosper Energy Management relating to your use of the Site, and supersede all other or previous agreements and understandings between you and Prosper Energy Management.

Prosper Energy Management reserves the right to change or amend these Terms and Conditions of use at any time without prior notice. The most recent version of the Terms and Conditions of use will be posted on the Site with the effective date.

 10. contact information

To request any further information on these Terms and Conditions of use, any queries on them, or your use of the Site, please contact Prosper Energy Management using the following contact information below:

info@prosperenergymgmt.com

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