THE PROSPECTOR THEATER WEBSITE TERMS OF USE

These Terms of Use were last updated on: February 16, 2016.

NOTICE OF ARBITRATION PROVISIONS:

Your use of our Site or other Service is subject to binding individual arbitration of any 

disputes which may arise, as provided in Paragraph 18 below. Please read the 

arbitration provisions carefully and do not use our Site or other Service if you are 

unwilling to arbitrate any disputes you may have with us as provided below.

1. ACCEPTANCE OF TERMS

a. These Terms of Use ("Terms") set forth the terms and conditions that 

apply to your use of www.prospectortheater.org or any of our other 

websites (collectively, the "Site") and any other services or products and 

any related software applications (collectively, the "Service") offered 

and/or operated by Prospects, Opportunity and Enrichment, Inc. 

("Prospector" or "we" or "our" or "us"). By visiting our Site or otherwise 

signing up for and/or using our Service, you agree that you have read, 

understand and agree to be legally bound by these Terms. If you do not 

agree to these Terms, please do not use the Site or other 

Service. Prospector may, as hereinafter set forth, change these Terms 

from time to time on a prospective basis, and modify, add or discontinue 

any aspect, content or feature of the Site or other Service, at its sole 

discretion. Your continued use or accessing of the Site or other Service 

following the posting of any changes to the Terms constitutes your 

acceptance of such changes. To the extent that an arbitrator or court of 

applicable jurisdiction determines that applying any changes to these 

Terms would render this an illusory or unenforceable contract, such 

changes shall be applicable on a prospective basis only, with respect to 

events or circumstances occurring after the date of such changes, to the 

extent necessary to avoid these Terms being deemed illusory or 

unenforceable.

b. Unauthorized access, distribution, reproduction, copying, 

retransmission, publication, sale, exploitation (commercial or 

otherwise), or any other form of transfer of any portion of the Site or 

other Service, including but not limited to all content, services, digital 

products, tools or products, is hereby expressly prohibited.

2. PERMITTED USE

a. Our Site and Service are for your personal and non-commercial use. They 

contain material that is derived in whole or in part from material supplied 

and owned by Prospector and other sources. Such material is protected 

by copyright, trademark and other applicable laws. Unless otherwise 

agreed to in writing by Prospector, you agree that you will not use the 

Site or other Service, or duplicate, download, publish, modify or 

1

otherwise distribute or use any material in the Site or other Service for 

any purpose, except for your personal, non-commercial use. You also 

agree that you will not link to any page on the Site other than the home 

page (for example, "deep linking"), without Prospector's prior written 

consent. Use of the Site or other Service or any materials or content on 

the Site or other Service for any commercial or other unauthorized 

purpose is prohibited.

3. MEMBER REGISTRATION, ACCOUNTS AND PASSWORDS

a. If you establish a personal account with us, you agree to (1) provide true 

b. You agree to (a) immediately notify Prospector of any unauthorized use 

and accurate data about yourself on our member registration form, and 

to update and keep such data current. You will receive a password and 

account upon completing the registration form. You are solely 

responsible for maintaining the confidentiality of your password and 

account, and you are solely responsible for all use of your password or 

account, whether authorized by you or not. 

of your password or account or any other breach of security and (b) 

ensure that you exit from your account each time you use the Site or 

other Service. Access and use of password-protected and/or secure areas 

of the Site or other Service is restricted to users who have been given a 

valid password by Prospector. We may terminate your membership and 

access to our Site and Service if we learn that you have provided us with 

false or misleading registration data.

4. ELECTRONIC CONFIRMATION TERMS

a. PROSPECTOR ELECTRONIC PURCHASES Rather than bringing a Print-at-

Home confirmation number to the theater, you have the option of 

purchasing your tickets online and having an Electronic Confirmation QR 

Code delivered to your mobile device (“Electronic Confirmation”).  The 

Electronic Confirmation contains a unique QR Code with details of the 

movie you are going to see.  You must present this Electronic 

Confirmation to a Box Office attendant in order to print your actual 

movie tickets.  If you have questions about the purchase or use of the 

Electronic Confirmation, please contact the Box Office. Your purchase of 

an Electronic Confirmation will be deemed your agreement to the 

following terms:

i. Message and data rates may apply and, if so, are billed by and 

payable to your mobile service provider.

ii. The QR Code and any accompanying text sent to you by 

Prospector is not your ticket to enter the movie theater – you 

must present your QR code at the Box Office to print your movie 

ticket(s).  

iii. The Mobile Ticket barcode can be forwarded to another 

person and is non-refundable.   Treat your Electronic Confirmation 

like cash.  

iv. If you purchase multiple tickets in a single order, your 

Electronic Confirmation holds all of those tickets; when you 

present the Electronic Confirmation at the Box Office, all tickets 

will print at the same time.  

v. Prospector is not responsible for lost or stolen Electronic 

Confirmations, except as required by law. Anyone attempting to 

gain entry with an Electronic Confirmation reported lost or stolen, 

or cancelled for any other reason, may be reported to the 

authorities and may have their mobile device withheld as 

evidence.

vi. Prospector shall have the right to void any Electronic 

Confirmation that violate these policies.

5. PRIVACY POLICY

a. PERSONALLY IDENTIFIABLE INFORMATION Your use of the Site or other 

Service and any information provided by you or gathered by Prospector 

or third parties during any visit to or use of the Site or other Service is 

governed by the Prospector Privacy Policy which is incorporated by this 

reference. You agree to Prospector's collection, use and sharing of your 

information as set forth in the Prospector Privacy Policy.

6. USER CONDUCT

a. It is a condition of your use of the Site or other Service that you do not:

i. Interfere with any other user from using and enjoying the Site or 

Service;

ii. Collect information about other users or third parties via 

the Site or Service or use any such information for the purpose of 

transmitting or facilitating transmission of unauthorized or 

unsolicited advertising, junk or bulk e-mail, chain letters, or any 

other form of unauthorized solicitation;

iii. Engage in the systematic retrieval of data or other content 

from the Site or Service to create or compile, directly or indirectly, 

a collection, compilation, database or directory, without 

Prospector's prior written consent;

iv. Solicit other users to join, become members of, or 

contribute money to any online service or other organization, 

advocate or attempt to get users to join in illegal schemes or plan 

or participate in scams involving other users;

v. Attempt to gain unauthorized access to other computer systems 

or networks connected to the Site or Service; or

vi. Take actions for the purpose of manipulating or distorting, 

or that may undermine the integrity and accuracy of, any ratings 

b. Additionally, you agree that you will not use the Site or other Service to 

or reviews of any service or product that may be presented by the 

Site or Service.

vii. Provide fictitious information or conceal your identity or 

location, including, but not limited to, in an attempt to circumvent 

limits associated with promotional or other offers.

upload, post, or otherwise distribute or facilitate distribution of any 

material that:

i. Is libelous, defamatory or slanderous;

ii. Is sexually suggestive or contains explicit sexual content 

(including nudity);

iii. Does or may denigrate or offend any individual or group 

on the basis of religion, gender, sexual orientation, race, ethnicity, 

age, or disability;

iv. Does or may threaten, abuse, harass, or invade the privacy 

of any third party;

v. Is fraudulent or infringes the rights of any third party, including, 

without limitation, patent, trademark, trade secret, copyright, 

right of publicity, or other proprietary rights;

vi. Constitutes unauthorized or unsolicited advertising, junk 

or bulk e-mail (also known as "spam"), chain letters, any other 

form of unauthorized solicitation, or any form of lottery or 

gambling;

vii. Contains a software virus or any other computer code that 

is designed or intended to disrupt, damage, or limit the 

functioning of any software, hardware, or telecommunications 

equipment, or to damage or obtain unauthorized access to any 

data or other information of any third party;

viii. Encourages conduct that would constitute a criminal 

offense or give rise to civil liability;

ix. Impersonates any person or entity, including any 

employee or representative of Prospector; or

x. Violates any applicable law or these Terms.

7. MONITORING

a. Prospector may, but has no obligation to, monitor the use of the Site or 

other Service by members. During monitoring, information may be 

examined, recorded, copied, and used for authorized purposes in 

accordance with the Prospector's Privacy Policy. Furthermore, Prospector 

reserves the right at all times to disclose any information posted on any 

portion of the Site or other Service as necessary to satisfy any law, 

regulation or governmental request, or to refuse to post, or to remove, 

any information or materials, in whole or in part, that in Prospector's sole 

and absolute discretion are objectionable or in violation of these Terms.

8. GRANT OF LIMITED LICENSE

a. If you post any content to the Site or other Service, you hereby grant 

Prospector and its affiliates and licensees a worldwide, royalty-free, 

perpetual, irrevocable, non-exclusive right and license to use, reproduce, 

publicly display, publicly perform, modify, sublicense, and distribute such 

content, and incorporate it in other works, in whole or in part, in any 

manner and any media now known or hereafter developed. You 

represent and warrant that you own such content or otherwise have 

sufficient rights in the content to grant to Prospector the foregoing 

license without infringing or violating the rights of any third party.

9. COPYRIGHTS

a. Prospector respects the intellectual property of others, and we ask our 

users to do the same. The Digital Millennium Copyright Act of 1998 (the 

"Act") provides recourse for copyright owners who believe that material 

appearing on the Internet infringes their rights under U.S. copyright law. 

Prospector, pursuant to the Act, reserves the right, but not the 

obligation, to terminate your license to use the Site or other Service if it 

determines in its sole and absolute discretion that you are involved in 

infringing activity, including alleged acts of first-time or repeat 

infringement, regardless of whether the material or activity is ultimately 

determined to be infringing. Therefore, in compliance with the Act, if you 

believe that any such third party materials infringe your intellectual 

property rights, please send a notice to the agent identified below to 

request a review of the alleged infringement. The notice must include the 

following information (a) a physical or electronic signature of a person 

authorized to act on behalf of the owner of an exclusive right that is 

allegedly infringed; (b) identification of the copyrighted work claimed to 

have been infringed (or if multiple copyrighted works located on the Site 

or other Service are covered by a single notification, a representative list 

of such works); (c) identification of the material that is claimed to be 

infringing or the subject of infringing activity, and information reasonably 

sufficient to allow Prospector to locate the material on the Site or other 

Service; (d) the name, address, telephone number and email address (if 

available) of the complaining party; (e) a statement that the complaining 

party has a good faith belief that use of the material in the manner 

complained of is not authorized by the copyright owner, its agent or the 

law; and (f) a statement that the information in the notification is 

accurate, and under penalty of perjury, that the complaining party is 

authorized to act on behalf of the owner of an exclusive right that is 

allegedly infringed. If you believe in good faith that a notice of copyright 

infringement has been wrongly filed against you, the DMCA permits you 

to send Prospector a counter-notice. Notices and counter-notices must 

5

meet the then-current statutory requirements imposed by the DMCA; 

see http://www.loc.gov/copyright for details. Notices and counter-

notices with respect to the Site or other Service should be sent to: 

Prospects, Opportunity and Enrichment, Inc., ATT: GENERAL COUNSEL, 25 

Prospect Street, Ridgefield, Connecticut 06877. Prospector suggests that 

you consult your legal advisor before filing a notice or counter-notice. 

Also, please be aware that there can be penalties for false claims under 

the DMCA.

10. PROPRIETARY RIGHTS

a. Prospector owns all right, title and interest in and to the Site or other 

Service and all materials and content contained in the Site or other 

Service, including, without limitation, all content, site design, logos, 

button icons, images, digital downloads, data compilations, text, and 

graphics are protected by copyright, trademark and other intellectual 

property laws. Any unauthorized use of such materials or content is 

strictly prohibited. Permission is granted to individual consumers to 

electronically copy and to print hard copy portions of the Site or other 

Service solely for personal use. Any other use of materials on the Site or 

other Service, including reproduction for purposes other than those 

noted above, modification, distribution, or republication, any form of 

data extraction or data mining, or other commercial exploitation of any 

kind, without prior written permission of an authorized officer of 

Prospector is strictly prohibited. You agree that you will not use any 

robot, spider, other automatic device, or manual process to monitor or 

copy our Web pages or the content contained therein without prior 

written permission of an authorized officer of Prospector. Prospector's 

service marks/trademarks may not be used in connection with any 

product or service that is not provided or authorized by Prospector, in 

any manner that is likely to cause confusion among customers, or in any 

manner that disparages or discredits Prospector.

11. CHILDREN'S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

a. Prospector’s website is not designed or intended for use by children 

under 13. If you are under 18, you should use Prospector’s website only 

with involvement of a parent or guardian. Pursuant to 47 U.S.C. Section 

230(d) as amended, Prospector hereby notifies you that parental control 

protections (such as computer hardware, software, or filtering services) 

are commercially available that may assist you in limiting access to 

material that is harmful to minors. Information identifying current 

providers of such protections is available at the Electronic Frontier 

Foundation Web site, http://www.eff.org. To view information on our 

policy regarding the privacy of children under the age of 13, please see 

our Privacy Policy. 

12. DISCLAIMER OF WARRANTIES

a. While Prospector uses reasonable efforts to include up to date 

information on the Site and other Service, Prospector makes no 

warranties or representations as to its accuracy, timeliness, reliability, 

completeness or otherwise. PROSPECTOR PROVIDES THE SITE AND 

OTHER SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROSPECTOR, 

ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND 

LICENSORS (COLLECTIVELY, THE "PROSPECTOR PARTIES") DISCLAIM ALL 

WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, 

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF 

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND 

NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROSPECTOR 

DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE 

UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES 

OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR 

(4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR 

SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT 

YOUR RISK.

13. EXCLUSION OF DAMAGES

a. NONE OF THE PROSPECTOR PARTIES WILL BE LIABLE TO YOU OR ANY 

THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, 

SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING 

TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES 

WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE 

THE SITE OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE 

ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT 

LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF PROSPECTOR HAS 

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER 

APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING 

FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 

INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR 

TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, 

COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR 

THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR 

USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE 

THAT EACH OF THE PROSPECTOR PARTIES SHALL NOT BE LIABLE FOR ANY 

DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE 

SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, 

PROSPECTOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING 

OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 

(MEMBERSHIP REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) 

CONTENT POSTED TO THE SITE OR OTHER SERVICE BY YOU OR ANY THIRD 

PARTY. 

7

14. LIMITATION OF LIABILITY

a. IN NO EVENT WILL THE PROSPECTOR PARTIES' AGGREGATE LIABILITY TO 

YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS 

EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO PROSPECTOR IN THE SIX 

MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO 

THE LIABILITY.

15. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

a. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF 

DAMAGES, PROSPECTOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE 

LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH 

JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT 

PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS 

SET FORTH ABOVE MAY NOT APPLY TO YOU.

16. THIRD PARTY WEB SITES

a. THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SITE OR OTHER 

SERVICE ARE NOT CONTROLLED BY PROSPECTOR. ACCORDINGLY, 

PROSPECTOR MAKES NO WARRANTIES OR CONDITIONS REGARDING 

SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS 

OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB 

SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE 

INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY 

WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY PROSPECTOR. WHEN 

YOU ACCESS ANY OF THESE THIRD-PARTY SITES, YOUR RIGHTS AND 

OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES 

RELATING TO THE USE OF THOSE SITES.

17. INDEMNIFICATION

a. You will indemnify and hold harmless the Prospector Parties, and at 

Prospector's option defend the Prospector Parties, from and against any 

damage, loss, cost or expense (including without limitation, legal fees and 

costs) incurred in connection with any third-party claim, demand, 

proceeding or action ("Claim") brought against any of the Prospector 

Parties arising out of your use of the Site or other Service or any alleged 

breach by you of any provision of these Terms, or the infringement by 

you, or any other subscriber or user of your account, of any intellectual 

property or other right of any person or entity. If you are obligated to 

indemnify any of the Prospector Parties, Prospector may, in its sole and 

absolute discretion, control the defense and disposition (including its 

possible settlement) of any Claim at your sole cost and expense. Without 

limitation of the foregoing, you will not settle, compromise or in any 

other manner dispose of any Claim without the written consent of 

Prospector.

8

18. BINDING ARBITRATION OF ALL DISPUTES

a. We believe that arbitration is a faster, more convenient and less 

b. We will make every reasonable effort to informally resolve any 

c. You further agree that:

expensive way to resolve any disputes or disagreements that you may 

have with us. Therefore, pursuant to these Terms, if you have any 

dispute or disagreement with us regarding or relating to (i) your use of 

or interaction with the Site or other Service, (ii) any purchases or other 

transactions or relationships with Prospector, or (iii) any data or 

information you may provide to Prospector or that Prospector may 

gather in connection with such use, interaction or transaction 

(collectively, "Prospector Transactions or Relationships"), you will not 

have the right to pursue a claim in court, or have a jury decide the claim 

and you will not have the right to bring or participate in any class action 

or similar proceeding in court or in arbitration. By using or interacting 

with the Site or other Service, or engaging in any other Prospector 

Transactions or Relationships with us, you agree to binding arbitration 

as provided below.

complaints, disputes, or disagreements that you may have with us. If 

those efforts fail, by using our Site or other Service, you agree that any 

complaint, dispute, or disagreement you may have against Prospector, 

and any claim that Prospector may have against you, arising out of, 

relating to, or connected in any way with these Terms, our Privacy Policy, 

or any Prospector Transactions or Relationships shall be resolved 

exclusively by final and binding arbitration ("Arbitration") and shall be 

conducted in accordance with the then-prevailing rules of the American 

Arbitration Association ("Applicable Rules"). 

i. the Arbitration shall be conducted before a single arbitrator 

selected in accordance with the Applicable Rules or by mutual 

agreement between you and Prospector (the "Arbitrator");

ii. the Arbitrator, and not any federal, state or local court or 

agency, shall have the exclusive authority to resolve any dispute 

arising under or relating to the validity, interpretation, 

applicability, enforceability or formation of these Terms and/or 

these arbitration provisions in Paragraph 18 hereof, including but 

not limited to any claim that all or any part of these Terms is void 

or voidable;

iii. the Arbitration shall be held either: (i) at a location 

determined by the American Arbitration Association pursuant to 

the Applicable Rules (provided that such location is reasonably 

convenient for Prospector and does not require Prospector to 

travel in excess of 50 miles from Prospector’s place of business); 

or (ii) at such other location as may be mutually agreed upon by 

9

d. Prospector may modify these arbitration provisions, but such 

you and Prospector; or (iii) at your election, if the only claims in 

the arbitration are asserted by you and are for less than $1,000 in 

aggregate, by telephone or by written submission.

iv. the Arbitrator (i) shall apply internal laws of the State of 

Connecticut consistent with the Federal Arbitration Act and 

applicable statutes of limitations, or, to the extent (if any) that 

federal law prevails, shall apply the law of the United States, 

irrespective of any conflict of law principles; (ii) shall entertain any 

motion to dismiss, motion to strike, motion for judgment on the 

pleadings, motion for complete or partial summary judgment, 

motion for summary adjudication, or any other dispositive motion 

consistent with Connecticut or federal rules of procedure, as 

applicable; (iii) shall honor claims of privilege recognized at law; 

and (iv) shall have authority to award any form of legal or 

equitable relief;

v. the Arbitration can resolve only your and/or Prospector's 

individual claims, and the Arbitrator shall have no authority to 

entertain or arbitrate any claims on a class or representative 

basis, or to consolidate or join the claims of other persons or 

parties who may be similarly situated;

vi. the Arbitrator shall issue a written award supported by a 

statement of decision setting forth the Arbitrator's complete 

determination of the dispute and the factual findings and legal 

conclusions relevant to it (an "Award"). Judgment upon the Award 

may be entered by any court having jurisdiction thereof or having 

jurisdiction over the relevant party or its assets; and

vii. if any part of this arbitration provision is deemed to be 

invalid, unenforceable or illegal, or otherwise conflicts with the 

Applicable Rules, then the balance of this arbitration provision 

shall remain in effect and shall be construed in accordance with 

its terms as if the invalid, unenforceable, illegal or conflicting 

provision were not contained herein. 

modifications shall only become effective thirty (30) days after 

Prospector has given notice of such modifications and only on a 

prospective basis for claims arising from Prospector Transactions and 

Relationships occurring after the effective date of such notification.

19. TERMINATION

a. In its sole and absolute discretion, with or without notice to you, 

Prospector may suspend or terminate your use of and access to the Site 

or other Service, terminate your account and/or remove and discard 

anything transmitted by you, or information stored, sent, or received via 

the Site or other Service without prior notice and for any reason, 

10 

including, but not limited to: (i) concurrent access of the Site or Service 

with identical user identification, (ii) permitting another person or entity 

to use your user identification to access the Site or Service, (iii) any 

unauthorized access or use of the Site or Service, (iv) any violation of 

these Terms, (v) tampering with or alteration of any of the software 

and/or data files contained in, or accessed through, the Site or Service, or 

(vi) failure to use the Site or Service on a regular basis. You may 

terminate your account for any reason by emailing Prospector at 

members@prospectortheater.org. Prospector shall not be liable to you 

or any third party for any claims or damages arising out of any 

termination or suspension of the Service. Termination, suspension, or 

cancellation of the Service or your access rights shall not affect any right 

or relief to which Prospector may be entitled, at law or in equity, and all 

rights granted to you will automatically terminate and immediately revert 

to Prospector.

20. GENERAL

a. These Terms and the relationship between you and Prospector shall be 

b. Subject to the arbitration provisions above, any action or proceeding 

c. No failure or delay by Prospector in exercising any right, power or 

d. Unless otherwise expressly provided herein, the invalidity or 

e. You agree that regardless of any statute or law which establishes a 

governed by the laws of the United States and the State of Connecticut 

without regard to its conflict of law provisions. 

arising from, relating to or in connection with these Terms will be 

brought exclusively in the federal or state courts located in Fairfield 

County, Connecticut, and you irrevocably consent to the personal 

jurisdiction of such courts and agree that it is a convenient forum and 

that you will not seek to transfer such action or proceeding to any other 

forum or jurisdiction, under the doctrine of forum non conveniens or 

otherwise. 

privilege under these Terms will operate as a waiver thereof, nor will any 

single or partial exercise of any right, power or privilege preclude any 

other or further exercise thereof or the exercise of any other right, 

power, or privilege under these Terms. 

unenforceability of any provision of these Terms will not affect the 

validity or enforceability of any other provision, all of which will remain in 

full force and effect. 

different statute of limitations, to the maximum extent permitted under 

applicable law, any claim or cause of action (including any arbitration) 

arising out of, related to or connected with the use of the Site or other 

Service, or these Terms, our Privacy Policy, or other Prospector 

Transactions or Relationships must be filed within one (1) year after such 

claim or cause of action arose or be forever barred. 

11 

f. The paragraph or section titles in these Terms are for convenience only 

and have no legal or contractual effect. 

g. These Terms represent the entire understanding of the parties regarding 

its subject matter, and supersede all prior and contemporaneous 

agreements and understandings between the parties regarding its 

subject matter, and may not be amended, altered or waived except in 

writing by the party to be charged. 

h. These Terms are binding upon and shall ensure to the benefit of parties 

and their respective successors, heirs, executor, administrators, personal 

representatives and permitted assigns. You shall not assign your rights or 

obligations hereunder without Prospector's prior written consent.