The following is a legal agreement (the “Agreement”) between you and Presta Holdings, LLC (“Presta”) that sets forth the terms and conditions of your use of Presta.com (the “Website”). Use of the Website is conditioned on your acceptance, without modification, of the Agreement. Please carefully review the Agreement before using this Website. Your use of the Website constitutes your acceptance of all the terms, conditions, and notices contained in the Agreement. This Agreement supersedes any previous terms and conditions to which you and Presta may have been bound. If you do not agree to these terms, please exit this Website immediately.
1.1. GENERAL PROVISIONS
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement shall be subject to any other agreements you have entered into with Presta. All rights not expressly granted herein are hereby reserved.
No joint venture, partnership, employment, or agency relationship exists between you and Presta as a result of this Agreement or use of the Website. Presta's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Presta's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Presta with respect to such use.
1.2. APPLICABLE LAW
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Texas, U.S.A.
1.3. MODIFICATION OF THE AGREEMENT
Presta reserves the right to change the Agreement under which the Website is offered, including, but not limited to, the charges associated with the use of the Website, at any time for any reason. Presta will notify you of any such changes by posting the revised Agreement on the Website. You should check this Agreement periodically for changes. All changes are effective upon posting. Your continued use of the Website after any change to this Agreement constitutes your agreement to be bound by any such changes. Presta may terminate, suspend, change, or restrict access to all or any part of this Website without notice or liability. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.
1.4. ADDITIONAL TERMS
Certain sections or pages on the Website may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
You agree to indemnify, defend, and hold harmless Presta, its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all costs, claims, damages, demands, expenses, liabilities, or losses, including reasonable attorneys’ fees and costs, incurred by Presta in connection with a third party claim that occurs as a result of your violation of this Agreement. You further agree that you will cooperate fully in the defense of any such claims. Presta reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Presta.
Failure by Presta to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
1.8. ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Presta with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and Presta with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents are drawn up in English.
This Agreement is effective until terminated by Presta. Presta may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Website at any time, with or without cause, in Presta’s absolute discretion and without notice. The following provisions of the Agreement shall survive termination of your use or access to the Website: the sections concerning Indemnification, Disclaimer of Warranties, Liability Disclaimer, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Website.
2. USE OF THE WEBSITE
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. The offer of this Website is not a distribution or solicitation by Presta to any person to use the Website in jurisdictions where the provision of the Website and its contents is prohibited by law.
2.2. NO UNLAWFUL OR PROHIBITED USE
You agree to use the Website only for lawful purpose. You are prohibited from any use of the Website that constitutes a violation of any applicable law, regulation, rule, or ordinance of any national, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Presta makes no claims concerning whether the Website content may be downloaded or is appropriate for use outside of the United States. If you access the Website from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Presta.
You also warrant to Presta that you will not use the Website for any purpose that is prohibited by the Agreement. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. An unauthorized use of the Website includes, but is not limited to, unauthorized entry into Presta’s systems, misuse of passwords, or misuse of any information posted on the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
2.3. USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
4. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
5. advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
6. conduct or forward surveys, contests, pyramid schemes or chain letters;
7. download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
8. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
9. restrict or inhibit any other user from using and enjoying the Communication Services;
10. violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
11. harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
12. violate any applicable laws or regulations.
2.4. MONITORING OF THE WEBSITE AND COMMUNICATION SERVICES
Presta has no obligation to monitor the Website. However, you acknowledge and agree that Presta has the right to monitor the Website electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Website, or to protect itself or other users of the Website.
Similarly, Presta has no obligation to monitor the Communication Services. However, Presta reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Presta reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Presta reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, at Presta's sole discretion.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Presta does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Presta specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Presta spokespersons, and their views do not necessarily reflect those of Presta.
2.6. TERMINATION/ACCESS RESTRICTION
Presta reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
2.7. USE OF PERSONALLY IDENTIFIABLE INFORMATION
2.8. LINKS TO THIRD PARTY SITES
3. LIMITATIONS OF LIABILITY
3.1. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. PRESTA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES TO THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRESTA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRESTA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
3.2. DISCLAIMER OF WARRANTIES
PRESTA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRESTA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. PRESTA DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.
3.3. CREDIT REPORTING DISCLOSURE
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
4. USE LIMITATIONS
This Website is controlled and operated by Presta. All content on the Website, including, but not limited to data, articles, design, source code, software, photos, text, images, illustrations, audio clips, and video clips (collectively the “Content”), is protected by U.S. and international copyright laws and treaties, and is owned and controlled by Presta and its affiliates. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Presta. You acknowledge that the Content is and shall remain the property of Presta. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Presta’s prior written approval. You also may not, without Presta’s express written permission, “mirror” any material contained on this Website on any other server. Any unauthorized use of any Content on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Presta (including the Presta logo), Presta.com, and all related logos are trademarks, service marks, or licensed brands of Presta. Other company, product, and service names and logos used and displayed on this Website may be trademarks or service marks owned by Presta or others. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Presta trademarks displayed on this Website, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Website unless in accordance with written authorization by us. We prohibit use of any of the Presta trademarks, service marks or licensed brands as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Presta trademarks, or whether any mark or logo is a Presta trademark, should be referred to Presta.
4.3. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES IRRELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
5.1. COPYRIGHT © 2011. ALL RIGHTS RESERVED
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is licensed by Presta unless otherwise indicated.
5.2. OFFERS VOID IN SOME STATES
The offers advertised on the Website may be void in some states.
Last Updated: March 25, 2011
For questions about this agreement contact: email@example.com.