TERMS OF USE

These Terms of Use govern your ("you" or "your") use of this website. The website is owned and operated by Prosper, Inc., ("us", "our" or "we"). Access and use of this website is provided to you on condition that you accept these Terms of Use. By accessing or using this website, you agree to all the Terms of Use without modification, conditions or limitations. If you do not agree and abide these Terms of Use you must immediately cease your access to or your use of this website. If requested, you agree that you will sign a non-electronic version of these terms and conditions acknowledging your agreement to them.

We may revise and update these Terms of Use at anytime and without notice. You are to regularly review the Terms of Use posted on the website. Your continued access or use of this website after any such changes are posted will constitute your affirmative acceptance of the changes.

All content, materials, information and opinions (including the organization and presentation of such material) on this website (the "Materials") is our property, or the property of our licensors, and is protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, Internet domain names, and other similar rights. Unless you have entered into a separate agreement with us, any use of these Materials without our prior written permission is prohibited.

You may not interfere with the security of, or otherwise overload, hack, abuse, disrupt or interfere with this website or any system resources, services or networks connected to or accessible through this website. You may only access and/or use this website for lawful purposes.

Log-In Information. You may be provided a username and password for the purpose of accessing this website. All log-in Information is personal and must be kept confidential and may only be used by you. The unauthorized use of any log-in information shall be deemed a breach of these terms and conditions. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur through your log-on. We reserve the right to refuse access to anyone at any time without notice for any reason. You agree that you will not attempt to gain unauthorized access to this website, service, systems or accounts, through hacking or any other means, nor assist anyone else directly or indirectly to do the same. You agree to notify us immediately if you become aware of or suspect any unauthorized access or use of your account.

Accuracy of Website. We update the information on this website regularly. However, we cannot guarantee its accuracy, usefulness or completeness, and we disclaim responsibility or liability for the Materials on this website. We may revise, supplement or delete the information, services and/or the resources contained in the website, and reserves the right to make such changes without prior notification to past, current or prospective visitors. The content is provided as a courtesy on an "AS IS" and "AS AVAILABLE" basis and is for general informational purposes only. The Material and any perceived advice or recommendation is general in nature. Testimonial content is solely the opinions of the author and do not necessarily reflect our views or opinions. We make no warranties of any kind with respect to the Materials nor that the Materials will be uninterrupted or error free, or that defects will be corrected. The name, voice, image, photographs, video, audio, testimonials, statements or derivative work or other Materials, in all media, have been obtained and used with permission and should not be viewed, copied or used for any purpose other than as stated herein.

Content Use. You shall not remove, obscure or alter the Materials, or the website itself, and shall not combine or merge the Materials with any other programs or content, except as expressly permitted in these Terms of Use. You shall not sub-license, distribute, rent, lease, transfer or otherwise make the Materials available to any third party, or make the Materials accessible to any party by broadcast or transmission, including without limitation by television, cable, satellite, telephony, wireless, closed-circuit or Internet broadcasting, or use the Materials for systematic downloading, service bureau redistribution services, printing for fee-for-service purposes and/or the making of print or electronic copies for transmission to others, except as expressly permitted in these Terms of Use.

Content Disclaimer. The content and Materials of the website are provided for educational and informational purposes only and should not be used as a source of legal, accounting, tax, insurance, or investment advice. Always consult a qualified professional before making decisions. Any inaccurate representation of places, persons, or organizations is unintentional. Samples, examples and illustrations contained within the website are also provided for informational purposes. We nor any affiliate, agent or third-party content provider make any promise or guarantee about the accuracy, completeness or usefulness of the information.

Trademarks and Service Marks. Other product and company names mentioned herein, including the names of participating partners, may be the trademarks of their respective owners. In the course of discussing products and services, we may inadvertently use a term that has been service marked. Any accidental use of any service marks are completely in error and will be altered or removed upon notification from the service mark owner. Our copyrights, trademarks trade names and other similar property is protected by law and shall not be copied our used without prior written permission.

Linked Websites. This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that we monitor or endorse these third party websites. We do not accept any responsibility for such websites and 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 the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. Clicking on a link may direct you off our website to a third-party website without notice.

Internet Software/Computer Viruses. Due to technical difficulties with the Internet, software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently accessed from this website. We shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website, even if we have been informed that the possibility exists. We recommend that you install and keep current appropriate anti-virus or other protective software.

Email. Any information that is submitted to us via email becomes our property and may be used at our discretion. The information you send to use may be stored and used to improve our website and our products, or it may be reviewed and discarded. The Internet is not a secure means of communication and any communication sent to us or from us by email may be lost, intercepted or altered. We are not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that: (1) we have no obligation concerning such information; (2) the information is non-confidential; (3) we may use, disclose, distribute, publish or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation to you; (4) the information you provide is truthful and not harassing, defamatory, hostile, abusive, or inappropriate, and disclosure of the information does not violate the legal rights of others; and (5) the information may be disclosed to others. By providing us your email address, you may receive email messages or other information about our products or services, or information about updates, or newsletters to which you subscribe.

Privacy. We have developed a website Privacy Policy to describe our policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy link for further details. By accessing or using our website(s) you agree to be bound by the terms and conditions of the applicable Privacy Policy without modification, condition or limitation. If you do not agree with the Privacy Policy on the website, immediately cease to access and/or use the website.

Children. We do not offer products for purchase by children. If you are under the age of 18, you may access and/or use this website only with the involvement of a parent or guardian.

Disclaimer of Warranties. THE PROSPER, INC., WEBSITE AND MATERIALS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROSPER, INC. AND ITS AFFILIATES, SUPPLIERS, THIRD-PARTY CONTENT PROVIDERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT YOUR USE OF THE WESITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY INFORMATION CONTAINED ON THE WEBSITE OR PROVIDED BY THE SERVICE IS ACCURATE OR COMPLETE; OR THAT THE WEBSITE OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS TO YOUR COMPUTER OR DATA. YOUR USE OF THE WEBSITE AND MATERIALS ARE ENTIRELY AT YOUR OWN RISK

Limitation of Liability. PROSPER, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR SERVICE EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY PROSPER, INC. IN NO EVENT SHALL PROSPER INC'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY WEBSITE OR SERVICE.

Indemnification. You agree to indemnify and hold us and our directors, officers, employees, shareholders, partners, agents or affiliates harmless against all claims or liability asserted arising out of or in connection with any access or use of the website or Materials, or breach by you or anyone acting on your behalf of any of these Terms of Use. We reserve the right, but shall have no obligation, to investigate your use of the website and Materials in order to determine whether a violation of these Terms of Use has occurred, or to comply with any applicable law, regulation, legal process or governmental request.

Questions or Concerns. Please address any questions or concerns as follows:

Prosper, Inc.
5072 North 300 West
Provo, UT 84604
Attention: Legal Department

Applicable law. This website is controlled, operated and administered by us from within the State of Utah, United States of America. This website can be accessed from many states and countries. As each of these jurisdictions have laws that may differ from those of the State of Utah, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website or Materials shall be governed by the laws of the State of Utah without reference to conflicts of laws principles. You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Utah and acknowledge that you do so voluntarily. If any claim or action is brought against us under these Terms of Use, we shall be entitled to its reasonable costs and attorney's fees in defense of such claim or action.

General. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

You agree that these Terms and Conditions have been written in the English language, and all provisions shall be construed and interpreted in the English language as commonly used in the United States of America. Our websites are located in the United States of America. If you are located in the European Union or anywhere outside the United States, any information you provide will be transferred to the United States. Your use of our website means that you consent to transfer such information to the United States.