Terms of Use
Last Updated: February 1, 2016
THE TERMS AND CONDITIONS SET FORTH HEREIN (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN
YOU AND FIRM PROSPECTS, LLC ("FIRM PROSPECTS", "WE" OR "US"). THE TERMS EXPLAIN HOW YOU
ARE PERMITTED TO USE THE WEBSITE LOCATED AT WWW.FIRMPROSPECTS.COM AS WELL AS ALL
ASSOCIATED SITES LINKED TO WWW.FIRMPROSPECTS.COM BY FIRM PROSPECTS, ITS SUBSIDIARIES AND
AFFLILIATED COMPANIES (COLLECTIVELY, THE "SITE"), AND ALL SOFTWARE, SERVICES, OR CONTENT
ASSOCIATED WITH THE SITE (COLLECTIVELY, THE "SERVICES"). UNLESS OTHERWISE SPECIFICED, ALL
REFERENCES TO "SITE" INCLUDE THE SERVICES AVAILABLE THROUGH THE SITE. THESE TERMS DO NOT
APPLY TO THE USE OF THE FIRM PROSPECTS CRM BUILT ON THE SALESFORCE® PLATFORM. BY USING
THIS SITE OR THE SERVICES, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH
ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE AND ANY OF THE SERVICES, OR
ANY INFORMATION OR MATERIALS CONTAINED WITHIN THE SITE.
The words "you," "your," or "user," whether or not capitalized, as used herein, refer to all individuals
and/or entities accessing or using the Site or any Services, for any reason.
Changes.
Firm Prospects may make changes to the content and features of the Site and any Services at any time,
with or without notice to you. Firm Prospects can change, update, or add or remove provisions of these
Terms, at any time by posting updated Terms at http://www.FirmProspects.com/ terms-of-use. If we
make a material modification to these Terms or the Privacy Policy (as defined below), we will notify you
by (1) sending an email to the email address you have provided in your account (if any) or, (2) displaying
an announcement on the Site, above the text of the Terms or the Privacy Policy, as appropriate, for
thirty (30) days, after which the notice will be removed. Except as otherwise provided in this paragraph,
these Terms may not be amended. By using this Site and/or the Services after Firm Prospects has
updated the Terms or Privacy Policy, you are agreeing to the updated terms; if you do not agree with
any of the updated terms, you must stop using the Site and the Services.
Eligibility
Age. Users must be at least eighteen (18) years old or the age of majority in the jurisdiction in which you
reside in order to use the Site and the Services. By using the Site or the Services, you represent,
acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity
to agree to and abide by these Terms.
Compliance with Law. You also represent that you will use the Site and Services in a manner consistent
with any and all applicable laws and regulations.
Termination. Firm Prospects may terminate these Terms and your use of the Site and Services without
notice if we, in our sole discretion, believe that you are less than18 years old, or have otherwise violated
the Terms.
Subscription.
Firm Prospects grants to you, for the duration of your subscription to the Firm Prospects Site, a non-
exclusive, non-transferable, limited right to access the Services solely for use by you. The contents of
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the Site, such as text, graphics, images, logos, button icons, software and other materials (collectively,
the "Materials"), are protected under both United States and foreign copyright, trademark and other
laws. All Materials are the property of Firm Prospects. The compilation (meaning the collection,
arrangement and assembly) of all content on the Site is the exclusive property of Firm Prospects and is
protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the
Materials may violate these laws, and is strictly prohibited. Use must retain all copyright, trademark,
service mark and other proprietary notices contained in the original Materials on any authorized copy
you makes of the Materials.
Resale Prohibition.
Resale, uploading to any service (with the exception of your own CRM, ATS or marketing database), or
sharing of or otherwise providing Firm Prospects Services or Materials for any purpose is strictly
prohibited. Any violation of this prohibition of data resale allows Firm Prospects the right to immediately
terminate your license without refund. You are responsible for reimbursing Firm Prospects for loss or
damages resulting from violation of this prohibition, including legal fees.
Title.
You hereby acknowledge and agree that all right, title and interest in and to the Site are, and shall
remain, vested solely in Firm Prospects, and you shall not hold yourself out as having any ownership or
other rights with respect thereto, except as specifically granted hereunder. Unless otherwise noted, all
Materials that are part of this website are copyrights, trademarks, service marks, trade dress, domain
names, and/or other intellectual properties owned, controlled or licensed by Firm Prospects, its
affiliates, or the organizations with which Firm Prospects has arranged to post materials on the Site.
Payment and Billing.
If payment is being made by credit card, you hereby authorize Firm Prospects’ billing company, Gravity
Payments, to charge your credit card for the amounts due and payable for access to the Firm Prospects
Sites (the “Subscription Fees”). Subscription Fees are exclusive of applicable sales, use, value added tax
(VAT) or equivalent, and other taxes, which are Subscriber’s responsibility, unless otherwise required by
law.
Electronic Communications.
By using the Site and/or the Services, you consent to receiving electronic communications from Firm
Prospects. These electronic communications may include information about Firm Prospects' Services
and features of the Site, notices about applicable fees and charges, transactional information and other
information concerning or related to the Site and/or Services. These electronic communications are part
of your relationship with Firm Prospects. You agree that any notices, agreements, disclosures or other
communications that we send you electronically will satisfy any legal communication requirements,
including that such communications be in writing.
Links to Third Party Sites.
The Site may be linked to or may link to third party websites and applications that are not operated by
Firm Prospects, including, without limitation, the law firms or other employers from whom we gather
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our data, social networking, and similar websites through which you may be able to connect using the
Site (collectively, "Third Party Sites"). Third Party Sites may have different privacy policies and terms and
conditions and/or user guides and business practices than Firm Prospects, and you further acknowledge
and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy
policy, terms and conditions, and/or user guides. You hereby agree to comply with any and all terms and
conditions, users guides and privacy policies of any of Third Party Sites. Firm Prospects provides links to
the Third Party Sites to you as a convenience. Firm Prospects does not verify, make any representations
or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy,
quality or completeness of the content, services, links displayed and/or any other activities conducted
on or through such Third Party Sites. YOU AGREE THAT FIRM PROSPECTS WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES,
INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES
AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR
FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR
USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on
the Site to any product, service, publication, institution, organization of any third party entity or
individual does not constitute or imply Firm Prospects' endorsement or recommendation.
Disclaimer of Warranties.
Your use of the Site and/or the Services is at your own risk. The Materials have not been verified or
authenticated in whole or in part by Firm Prospects, and they may include inaccuracies or typographical
or other errors. Firm Prospects does not warrant the accuracy or timeliness of the Materials contained
on the Site. Firm Prospects has no liability for any errors or omissions in the Materials, whether provided
by Firm Prospects, our licensors or suppliers.
FIRM PROSPECTS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY
REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, OR
ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT
LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION
CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND
"WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FIRM PROSPECTS DOES NOT
PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON
YOUR COMPUTER.
Limitation of Liability.
Except as permitted below, your sole and exclusive remedies against Firm Prospects with respect to the
Services, Materials and/or data or information provided therein, including any errors, inaccuracies,
omissions or delays therein or thereof, shall be limited to the our issuing corrected information as soon
as reasonably practicable following receipt of written notice of such problem from you.
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If Firm Prospects fails to provide the remedies set forth immediately above, or if Firm Prospects
otherwise fails to perform its duties and obligations under these Terms, and you can establish that as a
direct result thereof you have incurred any damages, liabilities, losses, fees, costs or expenses, then Firm
Prospects’ liability to you for actual damages for any cause whatsoever, during the term of your
subscription, whether in contract, tort (including negligence), strict liability or otherwise, shall not
exceed in the aggregate the fees that you have paid for the Services/Materials in question during the
subscription period in question. IN NO EVENT SHALL FIRM PROPSECTS, ANY INFORMATION PROVIDER
OR ANY OTHER PROVIDER OF SERVICES, DATA AND/OR INFORMATION FOR FIRM PROSPECTS BE LIABLE
FOR ANY LOSS OF PROFIT OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR
CONSEQUENTIAL DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THE SERVICES OR
CONTENT, REGARDLESS OF THE FORM OF THE ACTION AND WHETHER SUCH DAMAGES WERE
FORESEEN OR UNFORESEEN AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Governing Law.
This Agreement and any action related hereto will be governed by Massachusetts law. No choice of law
rules of any jurisdiction will apply.
Feedback.
If you send or transmit any communications, comments, questions, suggestions, or related materials to
Firm Prospects, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting
or recommending changes to the Site, any Services or Materials, including, without limitation, new
features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential
and non-proprietary. You hereby assign all right, title, and interest in, and Firm Prospects is free to use,
without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other
intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for
any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured,
licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You
understand and agree that Firm Prospects is not obligated to use, display, reproduce, or distribute any
such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to
compel such use, display, reproduction, or distribution.
Contact Us.
If you have any questions about these Terms or otherwise need to contact Firm Prospects for any
reason, you can reach us at support@FirmProspects.com.