Please carefully read the Terms and Conditions.
1. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and Prolificinvest may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose Prolificinvest to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Prolificinvest of any unauthorized uses of your information, your account or any other security breaches. Prolificinvest will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. As Prolificinvest requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Prolificinvest. Prolificinvest will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide our DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. In the case of a user who may infringe or repeatedly infringes upon the copyrights or other intellectual property rights of Prolificinvest or others, Prolificinvest may, in its discretion, terminate or deny access to and use of the Website, Products, and/or Services. In the case of such termination, Prolificinvest will have no obligation to provide a refund of any amounts previously paid to Prolificinvest to any person in respect of any such termination.
3. You may terminate your agreement and close your account with Prolificinvest at any time, effective the last day of your subscription term, by sending an email to support@Prolificinvest.com. Prolificinvest may terminate its relationship with you, or may terminate or suspend the accessibility to the Website, Products, and/or Services at any time, including the use of any software, (i) if you breach these Terms and/or any other agreement with Prolificinvest; (ii) if Prolificinvest reasonably suspects that you are using the Website, Products, and/or Services to breach the law or infringe third party rights; (iii) if Prolificinvest reasonably suspects that you are trying to unfairly exploit or misuse Prolificinvest’s policies; (iv) if Prolificinvest reasonably suspects that you are using the Website, Products, and/or Services fraudulently, or that Products or Services provided to you are being used by a third party fraudulently; (v) if you fail to pay any amounts due to Prolificinvest; (vi) you violate any applicable law or regulation. Upon termination of your Prolificinvest account for the above reasons, there will be no refund of fees and you will be denied access to the Website, Products and/or the Services, including all of its data. Prolificinvest may terminate any agreement and access to your account, if the Services or any part thereof, are no longer legally available in your jurisdiction, or are no longer commercially viable, at Prolificinvest’s sole discretion. In case of termination or closing of your account by you because of a material breach by Prolificinvest, without any default by you, or in case of a force majeure on the side of Prolificinvest, Prolificinvest will refund pro rata for the remaining period of your subscription any fees or expenses paid by you. If you believe that Prolificinvest has failed to perform or the Services are defective, you must notify Prolificinvest in writing and allow fourteen (14) days for Prolificinvest to cure the defect. If Prolificinvest cures the defect within this cure period, Prolificinvest will not be in default and cannot be held liable for any damages and/or losses in connection to such default. If Prolificinvest has not cured the defect within this cure period, you may terminate the subscription with immediate effect, upon written notice to Prolificinvest.
4. The configurations and specifications of the Website, including without limitation all content there available, the Products, and the Services may be amended and/or updated from time to time, at the sole discretion of Prolificinvest. You are bound by any such changes or updates, unless such changes materially diminish the functionality and value of the Website, Products and/or Services.
Each party shall take out adequate insurance in order to cover its risks hereunder, including but not limited to a general- and product liability insurance. Regarding the security, confidentiality and integrity of data, each party is responsible for maintaining appropriate technical and organizational measures for the protection of data processed on their own systems and on third party systems that are in use by the involved party. Prolificinvest will not be liable for any delay in performing or failure to perform any of its obligations to you caused by events beyond its reasonable control. Prolificinvest will notify you promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage. If you are located in the United States and use or access the Website, Products, and/or Services from the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Prolificinvest shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Prolificinvest shall be resolved under the International Arbitration Rules of the American Arbitration Association in front of a sole arbitrator. The place of arbitration shall be New York City, New York. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any party for order of enforcement by any court of competent jurisdiction. If you are located outside the United States and use or access the Website, Products, and/or Services from outside the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Prolificinvest shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Prolificinvest shall be exclusively resolved by the Dutch Courts in Amsterdam. Any cause of action against a party, regardless whether in contract, tort or otherwise, must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the Parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms to any party that consents to, and agrees to be bound by, the terms hereof in writing. Prolificinvest may assign its rights under these Terms at its sole discretion. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms, or your use of the Website, Products, and/or Services.
“The Website is not designed or intended for use by children under the age of 16, and our Products and Services may not be purchased by children under the age of 16. We do not intentionally gather personal information from visitors who are under the age of 16. If you are under the age of 16, you are not permitted to submit any personal information to us. If you are under the age of 16, you should use the Website only with consent of a parent or guardian.”
- Prolificinvest Management.
If you believe that Prolificinvest has failed to perform or the Services are defective, you must notify Prolificinvest in writing and allow fourteen (14) days for Prolificinvest to cure the defect. If Prolificinvest cures the defect within this cure period, Prolificinvest will not be in default and cannot be held liable for any damages and/or losses in connection to such default. If Prolificinvest has not cured the defect within this cure period, you may terminate the subscription with immediate effect, upon written notice to Prolificinvest.