TERMS AND CONDITIONS

These policies are effective as of July 31, 2020

 

 

1. Terms

By accessing Prospector, LLC’s (“Prospector”) websites at http://www.prospectorportal.com and http://www.43-101.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download the materials (information or software) on Prospector's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Prospector's websites;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Prospector at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. User Representations

By using our websites, you represent and warrant to us as follows: (i) you shall, and you have the legal capacity to, comply with these Terms of Service; (ii) you are not a minor in a jurisdiction in which you reside, (iii) you will not access our websites through automated or non-human means, whether through a bot, script, or otherwise; (iv) you will not use our websites for any illegal or unauthorized purpose; and (v) your use of our websites will not violate any applicable law or regulation.

If you provide any information that is incomplete, untrue, inaccurate, or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of our websites (or any portion thereof).

4. Indemnification

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our websites; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of any third party, including but not limited to intellectual property rights (e.g., copyright); and (5) any overt harmful act toward any other user of our websites.

5. Disclaimer

The materials on Prospector's websites are provided on an 'as is' basis. Prospector makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Prospector does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

6. Limitations

In no event shall Prospector or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Prospector's website, even if Prospector or a Prospector authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Accuracy of materials

The materials appearing on Prospector's websites could include technical, typographical, or photographic errors. Prospector does not warrant that any of the materials on its website are accurate, complete or current. Prospector may make changes to the materials contained on its website at any time without notice. However, Prospector does not make any commitment to update the materials.

8. Claims of Copyright Infringement

It is the policy of Prospector to respect the intellectual property rights of others. Prospector does not condone the unauthorized reproduction or distribution of any 43-101 reports or copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through Prospector’s websites, please notify us at:

sales@prospectorportal.com

9. Links

Prospector has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Prospector of the site. Use of any such linked website is at the user's own risk.

10. Modifications

Prospector may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

11. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Delaware and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.