Welcome to the Prospect Bacon community! You are reading these Terms because you are using a Prospect Bacon website, digital experience, social media platform, mobile app, or one of our other products or services, all of which are part of Prospect Bacon’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING ANY US PLATFORM.
These Terms create a legally binding agreement between you (the “User,” “you,” “your,”) and Prospect Bacon, LLC (“we”, “our”, “us”), its subsidiaries and its affiliates located worldwide (collectively “Prospect Bacon”) regarding your use of the Platform and provides access to You to the Service (defined below).
BY UTILIZING THE PLATFORM, YOU ACKNOLWEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS ARE SUBJECT TO MODIFICATION.
Prospect Bacon provides leads to our customers on parties who may be interested in receiving more information regarding solar energy and solar energy products. You understand and agree that the Platform is provided “AS-IS”. Your use of the Platform is governed by this Term. Prospect Bacon may refuse service to you or any individual for any or no reason. Prospect Bacon may discontinue, change, add, update or revise any part of the Platform, at any time and without notice.
- Our Terms May Change. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. [See Canada terms.]
When you register for an account with us, you must:
- Provide accurate and current registration information.
- Keep your registration personal. Do not register for more than one account, register an account on behalf of someone else, or transfer your account.
- Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
- Inform Us immediately of any unauthorized use of your account. You are responsible for anything that happens through your account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PROPSECT BACON IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by Prospect Bacon or others we license Content from, and is protected by copyright, trademark, patent and other laws. Prospect Bacon reserves all rights not expressly described in these Terms.
- All trademarks, service marks and trade names (e.g., the Prospect Bacon name) are owned, registered and/or licensed by Prospect Bacon.
- You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
- You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
- To the extent Prospect Bacon approves the download or use of Content comprised of copyrights or copyrightable works, Prospect Bacon grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Prospect Bacon makes such Content generally available to the public.
- You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.
- Prospect Bacon reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Prospect Bacon reserves the right to take down any Content in violation of these terms or Prospect Bacon’s intellectual property rights.
- Prospect Bacon allowing you this limited use does not constitute a waiver of any of Prospect Bacon’s rights to the Content.
- Outside of the specific usage rights granted to you by Prospect Bacon in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Prospect Bacon’s prior written consent.
- Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal and/or civil charges and penalties.
POSTING CONTENT ON THE PLATFORM
User Content License. Some parts of the Platform may allow you to post photos, videos, feedback, reviews, comments, and other content, which we refer to as “User Content.” Prospect Bacon is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to Prospect Bacon as described below:
- You represent that you have the right to post your User Content, and you grant Prospect Bacon a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.
- Prospect Bacon may, in its sole discretion, remove any User Content at any time.
- You understand that deleted User Content may persist in Prospect Bacon’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
- Content you share with us, may be used without: notice, compensation, or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
USER CODE OF CONDUCT
We’re excited to have you contribute to the Prospect Bacon community. Here are a few basic rules:
- Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
- Do not do anything that may expose Us or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
- Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
- Do not use any data mining, robots, scraping or similar data gathering methods.
- Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform – yours or anybody else’s.
- Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
- Do not collect or solicit personal information from other Platform users or send unsolicited messages.
- Do not use automated technology to interact with the Platform.
- Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. Prospect Bacon has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
- Do not impersonate any person or organization, including Prospect Bacon employees.
Prospect Bacon may terminate the accounts of Platform users found to infringe third-party copyrights. Please consult your legal advisor before filing a notice with us because there may be penalties for false claims.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Platform the content that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send copyright infringement complaints to: firstname.lastname@example.org
You agree that Prospect Bacon may communicate with you via email. This includes any legal notice under this Agreement as well as notice for any changes made to this Term.
PARTNERS ON THE PLATFORM
Eligibility. The Platform is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are over the age of 18, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions
- We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
- The Platform, Content, and the materials and products on this Platform are provided “AS-IS.” We do not make any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PROSPECT BACON IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
- Prospect Bacon does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
- To the fullest extent permitted by law, Prospect Bacon disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
Prospect Bacon may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Prospect Bacon, subject to applicable law. These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
INDEMNIFICATION / LIMITATION OF LIABILITY
Indemnification and Release. You agree to indemnify, defend, and hold harmless Prospect Bacon, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Prospect Bacon Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms and Conditions, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Prospect Bacon Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you.
LIMITATION OF LIABILITY. NONE OF THE PROSPECT BACON PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST US IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF PROSPECT BACON IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, PROSPECT BACON’S LIABILITY SHALL NOT EXCEED USD $5,000.00, or the equivalent of $5,000 USD in your jurisdiction. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. [See Canada terms.]
DISPUTES / ADDITIONAL TERMS
Choice of Law/Jurisdiction
- You agree that this Platform is a passive platform with headquarters in Missouri, USA and that Prospect Bacon was formed under the laws of North Carolina, USA, which does not give rise to personal jurisdiction over Prospect Bacon in jurisdictions other than North Carolina and Missouri.
- Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase and inquiries of Prospect Bacon products and services) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Greene County, Missouri, USA.
- You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Greene County, Missouri.
- All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
- If you live in any of the following countries, different “Choice of Law/Jurisdiction” terms may apply to you: Canada and all European countries.
- By using the Platform, you agree to receive certain electronic communications from Prospect Bacon and its clients, subject to applicable law.
- You agree that any notice, agreement, disclosure or other communication that Prospect Bacon sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
- Prospect Bacon may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
- Prospect Bacon’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Prospect Bacon’s rights. Users should always assume these Terms apply.
- If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.