legal

Last Updated: January 1, 2022

These Terms & Conditions (“Terms”) govern your access to and use of this website, located at www.MYPROSE.com (the “Site”), provided by PROSE Holding Company (“PROSE,”, “we,” “our,” or “us”).

Your access to and use of this Site is subject to these Terms and all applicable laws and regulations. By accessing or using the Site, you (“you”) accept and agree to, without limitation or qualification, these Terms and our Privacy Policy.

PROSE may, at any time, modify these Terms. All changes will be effective immediately upon posting to the Site. Your continued access to or use of the Site after revisions are posted constitutes your acceptance of any such revisions. You should therefore periodically visit the Site to review the current Terms. Material changes will be conspicuously posted on the Site or otherwise communicated to you. You cannot modify these Terms.

If you do not agree or accept these Terms and our Privacy Policy, without limitation or qualification, do not access or use the Site.

Privacy Policy

We may collect certain information from your use of the Site as described in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Site constitutes your consent to the information collection, use, and sharing described in our Privacy Policy.

Intellectual Property Rights

Unless otherwise noted, the Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content and materials is exclusively the property of PROSE or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, trade dress, and other intellectual property laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to PROSE or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Copyright © 2022 PROSE Holding Company. ALL RIGHTS RESERVED.

Permitted Use of the Site + Termination

The information and materials on this Site are provided for general informational purposes. You may use this Site solely for the purpose of learning about and purchasing PROSE services and products. You may download and print one copy of the Site’s visible content for your own personal noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise use, reproduce, copy, display, duplicate, distribute, sell, publish, post, license, rent, modify, translate, adapt, reverse-engineer, or create derivative works of this Site or any part of this Site for any purpose without the prior written consent of PROSE. This Site is not directed at children and you may not use this Site if you are under the age of thirteen.

You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of PROSE.

You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.

You agree that PROSE may, without cause or prior notice, immediately terminate your use of the Site, your PROSE membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PROSE may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and (i) unauthorized use of a username or password.

Termination of your PROSE membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in PROSE sole discretion.

You may terminate your membership and your right to use your membership with at least 30-day written notice by contacting and speaking with your local PROSE location in which you purchased your membership.

Payment Information

Purchases of products or services made through the Site (for example, manicure or pedicure appointments) must be made by credit or debit card. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor. Refunds, if available, are solely the responsibility of PROSE and are at PROSE’s sole discretion.

Your Account

You will be required to set up an online PROSE account in order to purchase products or services or to make an appointment for services using the Site. You will be required to submit certain information in order to set up your account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and password. In connection with your access to and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. If you submit the personal information of any person other than yourself in setting up profiles in your account or otherwise in using the Site, you warrant that you have that person’s permission to provide us with that information.

Resume Submissions + Employment Inquiries

The Site may allow you to upload a resume and submit inquiries regarding employment at PROSE. You will not upload a resume for any person other than yourself. You warrant that all information contained in any resume or employment inquiry you provide is current, accurate, and complete. Your upload of a resume or submission of an employment inquiry does not in any way require PROSE to consider you for employment or review that resume. Employment opportunity descriptions on the Site are subject to change at our sole discretion without notice.

Program, Product + Service Availability

Any programs, products, or services that may be mentioned on the Site are subject to availability and terms not described in these Terms may apply. The prices and availability of programs, products, and services made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products and services may be limited and products may not be available for immediate delivery. Some products and services may not be available in certain areas.

No Warranty

THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. PROSE MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. PROSE DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. PROSE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. PROSE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. PROSE HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM PROSE OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROSE, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF PROSE HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PROSE’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You will indemnify, defend, and hold harmless PROSE, its affiliates, and its and their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your order of products and services through the Site, your appointment requests, your violation of applicable laws or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you. If PROSE demands indemnity under this section, PROSE has the right to select legal counsel of its own choosing to represent PROSE, and you agree to pay the reasonable costs and attorneys’ fees incurred by such legal counsel.

Linking to the Site

If you would like to link to the Site, you must comply with the following guidelines:

The link and its use must be in connection with a website of appropriate subject matter. Do not incorporate any Site content. You may only link to this Site by providing an underlined, textual link from your website to http://www.myprose.com. No other link to the Site is permitted without the express prior written approval of PROSE. PROSE reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

You may not link to the Site in a manner that suggests or creates the false appearance that PROSE has any relationship or affiliation with your website or endorses your website, products or services. The link and its use must not, nor have the potential to, damage or dilute the goodwill associated with PROSE’s names and trademarks.

Your website must not present false information about PROSE, its products or services.

You may not use any of PROSE’s names, logos, designs, slogans, trademarks or service marks or any other words or codes identifying any PROSE website, product, or service in any “metatag” or other information used by search engines or other information location tools to identify and select websites without PROSE’s express prior written permission for a particular use.

Your website must not contain content that could be construed as distasteful, offensive or controversial.

PROSE prohibits unauthorized links to the Site and the framing of any information contained on the Sites, or any portion of the Site, without the express, prior written approval of PROSE. The link, when activated by a user, must display the Site full-screen and not within a frame. Furthermore, you may not archive, cache, or mirror the Site or any portions of the Site. PROSE reserves the right to disable any unauthorized links or frames. PROSE hereby disclaims all liability for any material on other websites that may contain links to this Site.

If you would like to use, reprint, frame, or redistribute any content of the Site other than as expressly permitted herein, you must request permission from PROSE by writing to support@myprose.com. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the website address(es) where the proposed use would occur; and (d) specific details about the contemplated linking or framing activities, including the content or page(s) of this Site which you would like to use.

Third-Party Websites

The Site may link to, or be linked to, websites not maintained or controlled by PROSE. Those links are provided as a convenience and PROSE is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.

Force Majeure

PROSE will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond PROSE’s control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.

Feedback

PROSE welcomes comments regarding the Site or the services provided through the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

Governing Law + Jurisdiction

Our Site is operated and provided in the State of Arizona.  These Terms are governed by the laws of the State Arizona, without giving effect to any choice of law rules.  We make no representation that our Site is appropriate, legal or available for use in other locations.  Venue is exclusively in the state or federal courts, as applicable, located in Maricopa County, Arizona, with respect to any dispute arising under these Terms unless otherwise determined by PROSE in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.

Assignment

PROSE may assign its rights and duties under these Terms to any party at any time without notice to you. You may not assign these Terms without our prior written consent.

Survival

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the service.

Interpretation

These Terms, including our Privacy Policy, are the entire agreement between you and PROSE with respect to your access to and use of the Site. PROSE’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by PROSE. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of PROSE’s successors and assigns.

Notices

All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email.

Electronic Communications

When you visit this Site, send emails to PROSE, or when we post notices on our Site or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically to the extent permissible by law. You agree that all notices, disclosures, documentation, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with PROSE. Please print or otherwise save a copy of all communications for your reference.

We may also use your email address to send you other messages as described in our Privacy Policy.

Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

Contact Us

If you have any questions or concerns regarding these Terms, contact us by email at support@myprose.com.