Agreement

This is a legal agreement between AI Prospector (“AIProspector.com”, “the site”, “we”, “us”, “our”) and you or the company or organization you represent (“you”, “your”, “customer”, “client”). By browsing, accessing or using this website (“the services”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to be bound by these terms, please do not use this website. We may, without any notice to you, revise these terms by updating this page. You agree to review this page from time to time to be aware of any such changes.

AIPROSPECTOR.COM services consist of lead databases, lead management tools, automated dialing, SMS text messaging, and email transmission. You are granted a non-exclusive, non-transferable, revocable license to access and use AI Prospector strictly in accordance with these terms, for lawful business purposes only. Customer agrees not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make any AIPROSPECTOR.COM Services available to any third party.

A valid credit card is required to begin and maintain service with AIPROSPECTOR.COM. The service contract is month-to-month, following a 90 day pilot period. Your contract will automatically renew each month on the renewal date, and your credit card will be charged each month until you cancel the Service. Your account and all sub accounts will be placed on hold and denied access if payment is not received with 15 days of the due date. If payment is not received within 30 days of the due date, your account (and all sub accounts, if applicable) will automatically be deactivated and data deleted. The service may be cancelled by sending a written notice of termination prior to the next renewal. The account will then terminate on the next renewal date. All outstanding fees must be paid at time of closing. Fees will not be pro-rated. It is the Client's responsibility to download data before closing the account. Client data will be permanently erased after cancellation. Unused dialer minutes do not roll over to the next month.

You represent and warrant that you will only use AIPROSPECTOR.COM for lawful purposes. You also must agree to our privacy and security addendums. Phone numbers you initiate calls or messages to using AIPROSPECTOR.COM services have consented or otherwise opted-in to the receipt of such calls or messages as required by any applicable law or regulation. You agree that you will include clear opt-out instructions on your messages when required to do so by any applicable law or regulation. Customer warrants that it is aware of and will comply with all applicable laws, including, without limitation, the Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission (www.ftc.gov), the Federal Communications Commission (www.fcc.gov), the DNC list registry rules (www.donotcall.gov) and various state laws, rules and regulations that place restrictions on certain types of phone calls and text messages. AI Prospector is in no way attempting to interpret any laws, rules, or regulations. Customer is responsible for compliance with all laws and regulations, including any changes to such laws and regulations. Customer agrees to assume responsibility for all costs and expenses of any kind, including reasonable attorneys’ fees, incurred by AI Prospector in connection with or related to any actual, alleged or threatened violations by Customer of federal, state or local law.

AI Prospector will, from time to time, conduct scheduled or emergency maintenance and upgrades to the Services, and therefore, they may be inaccessible or inoperable. AI Prospector will use reasonable efforts to perform maintenance in a timely fashion so that services may be restored quickly. Customer understands that, from time to time, the AI Prospector and other related services may be inaccessible or inoperable due to reasons such as equipment failure, network connections and/or causes that may include, without limitation, electrical shortages, blackouts, cyber attacks, acts of war or terror, civil disturbance, acts of God or nature, strikes, national emergencies, or acts of any court or government. We will have no liability for such disruptions or the consequences thereof.

Each party may have access to confidential information; records, data and trade secrets relating to other's business, product(s), its customers, clients, principals, and it's other associates, including the LS support staff. Such information is secret and is disclosed to the other in confidence. The parties will not, without the other's prior written consent, directly or indirectly disclose to any third person or use any such confidential information or trade secrets in violation of this Agreement. Any associates, corporation, organization, firm, company, trust or individual of which the party hereto is a member of, principal of, agent for, employee of, or otherwise, is bound by this restriction. Any violation of this paragraph shall constitute "Unfair Business Practices" under the law of the State of California.

Indemnification

You agree to indemnify, defend and hold harmless AI Prospector, its officers, directors, shareholders, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

CUSTOMER EXPRESSLY AGREES AND UNDERSTANDS THAT AI PROSPECTOR DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR THAT ALL COMMUNICATIONS WILL BE DELIVERED, NOR DOES  AI PROSPECTOR MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES.  AI PROSPECTORMAKES NO OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.

IN NO EVENT SHALL AI PROSPECTOR BE LIABLE TO CUSTOMER FOR ANY (A) SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) LOST SAVINGS, PROFIT, DATA, USE OR GOODWILL, (C) BUSINESS INTERRUPTION, EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, OR (D) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM) OR OTHERWISE. IN NO EVENT SHALL AI PROSPECTOR BE LIABLE FOR PROCUREMENT OR COSTS OF SUBSTITUTE PRODUCTS OR SERVICES.

AI PROSPECTOR’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS IN CONNECTION WITH OR UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO AI PROSPECTOR UNDER THIS AGREEMENT IN THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT SHALL AI PROSPECTOR’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

No Jury Trial. CUSTOMER IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT CUSTOMER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT .No Participating in Class Action. CUSTOMER AGREES THAT, WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, CUSTOMER HEREBY GIVES UP ITS RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Limitation of Time. Customer agrees that it will not bring a claim under or related to this Agreement more than 6 months from when such claim first arose.

SMS/TCPA Messaging 
Customer certifies that they have legal opt-in permission to text message leads under all applicable laws and in accordance with all jurisdictional regulations.

Arbitration

In the event a dispute shall arise between the parties to this agreement, it is hereby agreed that the dispute shall be referred to United States Arbitration and Mediation for arbitration in accordance with United States Arbitration and Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. The place of arbitration shall be New York, NY.

Last Updated: March 27, 2021