Last Updated: April 10, 2025
Company: Prospecting Partners LLC
Registered In: Delaware
Governing Law: New York State
By using the website, platform, or services ("Services") of Prospecting Partners LLC ("Prospecting Partners," "we," "our," or "us"), you (the "Customer") agree to be bound by this Terms of Service Agreement (the "Agreement"). If you are accepting this Agreement on behalf of a company, you represent that you are authorized to bind the company to the terms herein.If you do not agree to the terms of this Agreement, do not use our Services.You also agree to be bound by our Privacy Policy and Refund Policy. We may modify these terms from time to time. Continued use of our Services after any changes are made will constitute your acceptance of the updated terms.To enter this Agreement, you must be at least the legal age of majority in your jurisdiction.
"Customer Data" means data submitted by the Customer or its Users through the Services.
"Confidential Information" means any non-public business, technical, or financial information disclosed by either party.
"Services" means the digital marketing, automation, and consulting services offered by Prospecting Partners.
"User" means individuals authorized by the Customer to access and use the Services.
"Order Form" means any online or written order for Services executed by the Customer and Prospecting Partners.
Subject to payment and compliance with this Agreement, we grant you a non-transferable, non-exclusive, limited right to access and use the Services for internal business use.
We aim for 99.9% uptime but do not guarantee uninterrupted service. Maintenance or outages may occur without notice. From time to time, we may introduce new features as beta releases, which may be incomplete or contain bugs. Your use of such features is voluntary and at your own risk.
Prospecting Partners’ Services rely on third-party platforms, including but not limited to LinkedIn. We are not responsible for service interruptions, limitations, or account restrictions imposed by such platforms. Your use of these Services must comply with all applicable third-party terms of use. If a third-party platform restricts or bans your account, we are not liable for any resulting limitations in service functionality.
You agree not to: (a) reverse-engineer or modify our software; (b) use the Services to violate laws or third-party rights; (c) interfere with system integrity; or (d) resell or sublicense the Services.
Subject to payment and compliance with this Agreement, we grant you a non-transferable, non-exclusive, limited right to access and use the Services for internal business use.
We aim for 99.9% uptime but do not guarantee uninterrupted service. Maintenance or outages may occur without notice.
You agree not to: (a) reverse-engineer or modify our software; (b) use the Services to violate laws or third-party rights; (c) interfere with system integrity; or (d) resell or sublicense the Services.
Fees are defined in your Order Form and are billed in advance unless otherwise agreed. All sales are final. Late payments may result in suspension of Services and incur a 12% annual interest or maximum allowed by law.Customer is responsible for maintaining accurate billing and payment information. Accepted payment methods include major credit/debit cards and ACH transfers unless otherwise specified.All fees are exclusive of applicable taxes. You are responsible for paying any sales, use, value-added, or other governmental taxes or fees due in connection with the Services, except for taxes based on our net income.In the event of a billing dispute, you must notify us in writing at [email protected] within 10 days of the charge. We will investigate disputes in good faith and respond within 10 business days. Unresolved or undisputed charges remain payable as due.Fees are defined in your Order Form and are billed in advance unless otherwise agreed. All sales are final. Late payments may result in suspension of Services and incur a 12% annual interest or maximum allowed by law.Customer is responsible for maintaining accurate billing and payment information.
Each party agrees to keep confidential information private and only use it as needed for the purposes of this Agreement.Confidentiality obligations do not apply to information that becomes public, was already known, or is independently developed without use of the disclosing party’s information.
Prospecting Partners retains all rights to its software, systems, and materials. Customer retains rights to Customer Data. We may use anonymized Customer Data for service improvements.
The term of this Agreement begins when you start using our Services and continues until terminated. Unless otherwise agreed, subscriptions automatically renew unless either party provides written notice at least 15 days before the end of the current term.
Either party may terminate this Agreement if the other materially breaches it and fails to cure the breach within 30 days of notice.
Either party may terminate this Agreement at any time without cause by providing 30 days' written notice to the other party. If the Customer terminates without cause before the end of a prepaid subscription period, no refunds will be issued for unused time. In exceptional cases, Prospecting Partners may, at its sole discretion, consider prorated refunds depending on the circumstances.
Upon termination: (a) outstanding fees become immediately due; (b) Services will be discontinued; and (c) upon request, Customer Data will be returned within 30 days, after which it may be deleted.
The term of this Agreement begins when you start using our Services and continues until terminated. Unless otherwise agreed, subscriptions automatically renew unless either party provides written notice at least 15 days before the end of the current term.
Either party may terminate this Agreement if the other materially breaches it and fails to cure the breach within 30 days of notice.
Upon termination: (a) outstanding fees become immediately due; (b) Services will be discontinued; and (c) upon request, Customer Data will be returned within 30 days, after which it may be deleted.
Prospecting Partners provides Services "as-is" and disclaims all warranties not expressly stated in this Agreement, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.We do not guarantee results from using our Services or that the Services will be uninterrupted or error-free.
You agree to indemnify and hold Prospecting Partners harmless from any claims, damages, or expenses arising out of your use of the Services, your violation of laws or third-party rights, or your breach of this Agreement.
Prospecting Partners’ liability is limited to the total fees paid by you in the 12 months prior to the incident giving rise to the claim. We are not liable for indirect, incidental, or consequential damages, or loss of profit, data, or goodwill.
All disputes will be governed by the laws of New York State. Before initiating legal action, both parties agree to first attempt to resolve any disputes through good-faith negotiations. If a resolution cannot be reached within 30 days, either party may initiate mediation with a mutually agreed-upon mediator located in New York.If mediation fails, the dispute shall be resolved exclusively in the state or federal courts located in New York. You waive the right to a trial by jury or to participate in a class action.All disputes will be governed by the laws of New York State. You agree to resolve any disputes in the courts located in New York. You waive the right to a trial by jury or to participate in a class action.
All legal notices must be sent to [email protected].
This Agreement, along with our Privacy Policy and any applicable Order Forms, constitutes the entire agreement between the parties and supersedes any prior agreements.
All fees are non-refundable except as required by law or if Prospecting Partners materially breaches this Agreement and fails to cure within 30 days of notice.Refunds may be considered under the following circumstances:
Duplicate or erroneous charges caused by our billing systemFailure to deliver Services as outlined in the Order Form
To request a refund, email [email protected] with your full name, service description, order details, and reason for the request. Requests must be submitted within 14 days of the billing date.Approved refunds will be issued to the original payment method within 10 business days. Refunds may be prorated based on any portion of Services delivered or used.Refunds will not be issued in cases of customer cancellation after service delivery begins, or if termination results from customer breach of these terms.We reserve the right to deny refund requests that do not meet these criteria.All fees are non-refundable except as required by law or if Prospecting Partners materially breaches this Agreement and fails to cure within 30 days of notice. To request a refund, contact [email protected] with your order details.