Terms of Use
These Terms of Use (“Terms”) govern your access and use of the content and services set out on (collectively, “Website” and “Services”), by using the Website or Services, you agree to these Terms. Daily Prosper LLC (“We”) reserve the right to make changes to the Website and these Terms at any time. The changes will be posted here and enforced from the date of the revision posting forward without further notice to you. You agree to the posted Privacy Policy regarding our collection and use of all information provided by you or collected by us throughout our Website and the Privacy Policy is incorporated herein by reference. We are located in the United States of America and your use of our Website is governed by the laws of Delaware, United States. The information provided may not be appropriate or available for use in other jurisdictions. If you access or use our Website from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law. You must be at least 18 years old to use the Website or any services or products provided on or through the Website.
YOUR USE OF THIS WEBSITE IS SOLELY GOVERNED BY THE LAWS OF THE STATE OF DELWARE. THESE TERMS HAVE AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES AND RESTRICTS YOU FROM CLASS ACTION PARTICIPATION. IT ALSO HAS TERMS WHICH LIMIT OUR LIABILITY. PLEASE REVIEW CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
SERVICES.
We provide updated and interesting information on our Website through our posted news, articles, and blogs. We own or have licensed all content and information we post on the Website. You may copy and reproduce our content for your own non-personal use. If you provide us with an article or content, such as posting comments, photos, or submitting information intended to be posted on our Website, you own the content, but have provided us a license or permission to use, copy, display, and publish your content on the Website and in our marketing and newsletters. As such, we may display your content to be viewed by others and we may use it to advertise and promote the Website or other commercial and marketing purposes. You agree that use of your content is royalty-free, and we do not owe you any revenue or other benefits from using your content. Your license to us is intended by you to last as long as we use the content.
You agree that you provide us only content in which you own all rights to the content and that you have authority to provide it to us to use in the manner described in this section. You also represent and warrant that your content does not violate or infringe on the intellectual property, privacy, publicity, or other legal rights of any third party.
We will use your content only in our sole discretion and we may not accept or use your content. Even after posting we may remove it for any or no reason.
USE OF WEBSITE AND THIRD PARTY LINKS.
You are responsible for your use of the Website and any services or products found through links on the Website. The links, services and products found throughout our Website are all owned by third-parties and we have no control and therefore no liability for these links, services, or products. These are put on the Website for your convenience and to generate ad revenue for us to continue our publication of informational articles, news, and blogs. We do not endorse any of the services or products found through the links. You use these links and purchase products and services at your own risk. You waive any and all claims against us involving any of the links or the websites, services, or products provided or posted through the links. Our Website may contain links to other third party websites. As described above, this does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third party website. You should always read the terms and conditions and privacy policy of a third party website before using it.
PROHIBITED CONDUCT.
Our goal is to create a safe and informed platform to express all different types of opinions. To promote this goal, we prohibit certain conduct that may be harmful to other users or to our reputation. When you use the Website or Services, you may not: (i) violate any law or regulation; (ii) violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights; (iii) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; (iv) transmit any malicious or unsolicited software; (v) stalk, harass, or harm another person or entity; (vi) impersonate or misrepresent your affiliation with another person or entity; (vii) use code to “scrape,” “crawl,” or “spider” any pages contained in the Website; or interfere with or disrupt the Website.
ACCURACY OF INFORMATION.
We make no claims or promises about the quality, accuracy, or reliability of any content available on or through the Website. We are not liable for any loss or damage that might arise from your reliance on any content available on or through the Website or Services. Use the Content at your own risk.
DIGITAL MILLENNIUM COPYRIGHT ACT.
We respect the intellectual property rights of others. If notified of a violation of another party’s intellectual property rights, we will remove the offending content. If you believe your work has been copied in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information:
We will be in contact with you within thirty (30) days of receipt of your notice or sooner if possible. We appreciate your authorship and ownership of your intellectual property, and we will work with you to address all of your concerns.
TERMINATION.
We reserve the right not to provide the Website to any user. We also reserve the right to terminate any user’s right to access the Website at any time, in our sole discretion, and for any reason. Certainly, if you violate any of these Terms, your permission to use the Website automatically terminates.
DISCLAIMER AND LIMITATIONS ON OUR LIABILITY.
YOU USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR PURPOSE AND NON-INFRINGEMENT). WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY THIRD PARTY WEBSITE OR RESOURCE ACCESSED THROUGH A LINK ON THE WEBSITE. WE HAVE NO LIABILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION; (IV) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON THE WEBSITE OR OUR EMAILS TO YOU.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE WEBSITE OR ANY LINKED WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF WE WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO USE OF THE WEBSITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you.
INDEMNIFICATION.
You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (i) your content; (ii) the use of the Website by you; (iii) the violation of these Terms by you; or (iv) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we assume the defense, you will reasonably cooperate with us in such defense.
CHOICE OF LAW.
Your visit to, use of, interaction with, and communication with this Website, and any claims you may have against Us and our affiliates and service providers, are solely governed by the laws of the State of Delaware, without giving effect to any conflict of laws rules or provisions. By using this Website you agree that you may only make claims against Us and our affiliates and service providers under the laws of the State of Delaware, and no other state laws will apply.
DISPUTE RESOLUTION.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Website, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth herein.
Informal Resolution.
If a party has a dispute or claim (the “Claimant”) against the other party, it must send a written notice to the other party (the “Respondent”) no later than thirty (30) days after discovery of the claim or dispute or the applicable statute of limitations, whichever is sooner, the notice must include: a detailed description of the claim(s), the legal basis for the claim(s) and the resolution sought by the claimant. The Respondent will have a period of 90 days in which to evaluate the claim and respond.
If the matter is not resolved by Informal Resolution, then the matter will proceed to mediation as set forth below.
Negotiation in Advance of Mediation.
The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between individuals who have authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 60 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party's position and a summary of arguments supporting that position, and (b) the name and title of the person who will negotiate the controversy. Within 90 days after delivery of the notice, both parties shall meet at a mutually acceptable time and place.
Unless otherwise agreed in writing by the parties, the above-described negotiation shall end at the close of the first meeting. Such closure shall not preclude continuing or later negotiations, if desired.
All offers, promises, conduct and statements, whether oral or written, made in the course of the First Meeting negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of the first paragraph of this section.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in the Paragraphs above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
If the matter is not resolved by negotiation pursuant to this section, then the matter will proceed to mediation as set forth below.
Mediation.
The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth in Paragraph 5 below.
Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
The parties further agree that any mediation will be conducted in-person in Wilmington, Delaware.
All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first ("Earliest Initiation Date"). The mediation may continue after the commencement of arbitration if the parties so desire.
At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 3 above.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The parties further agree that the arbitrator may only apply Delaware law and that the arbitrator is prohibited from applying or considering the laws of any other state in the arbitration. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
The parties further agree that any arbitration will be conducted in-person in Wilmington, Delaware.
In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any costs or attorneys’ fees incurred.
No Disputes may be arbitrated on a class or representative basis; arbitration can decide only an individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
WAIVER AND SEVERABILITY OF TERMS.
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and us and governs your use of the Website, superseding any prior agreements. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect.
ELECTRONIC COMMUNICATIONS.
When you visit our Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
Updated July 8, 2024