Terms of Service

TERMS AND CONDITIONS OF PRESTO SERVICE

NOTICE -- READ THIS BEFORE USING THE PRESTO SERVICE. USE OF THE PRESTO SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO USING THE SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE PRESTO SERVICE OR REGISTER FOR THE SERVICE. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY, DISCLOSE OR TRANSFER INFORMATION AVAILABLE VIA THE SERVICE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

The Presto service (the “Service”) is provided by Presto Services Inc. with offices at 303 Convention Way, Suite 3, Redwood City, CA 94063 (“Presto”). This is a legal agreement (“Agreement”) between you and Presto. Please read the Agreement carefully before registering for, and using, the Service. By completing your registration and checking the box to accept the terms of this Agreement, you will become a registered user of the Service (a “Registered User”) and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR OR USE THE SERVICE. The Terms are subject to change by Presto at any time, effective upon notice to you or the posting of such revised terms on Presto’s Account Management website, www.account.presto.com (the “Site”). Any use of the Service after such notice will constitute acceptance by you of such changes.

1. License and Proprietary Rights. Subject to the terms and conditions hereof, you are hereby granted a non-sublicensable, non-transferable, non-exclusive, royalty-free license to use the Service during the Term (as defined below). Other than the foregoing license, no rights or licenses are granted hereunder and Presto owns and hereby retains all proprietary rights in the Service. Presto reserves all rights not expressly granted to you.

2. Acceptable Use. You agree that you will not copy or distribute any part of the Service in any medium without Presto’s prior written authorization; you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and you will otherwise comply with the terms and conditions of this Agreement and the Presto privacy policy.

In order to access some features of the Service, you will have to create an account. You may never use another’s account without permission from the account owner. When creating an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on the account you create, and you must keep the account password secure. In addition, for everyone to whom you supply your account password or otherwise give permission to use your account, you are responsible for such persons’ compliance with this Agreement.

Although Presto will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Presto or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Presto servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Presto grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Presto reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.

Presto may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Presto’s sole determination, you violate any part of the Agreement, including the following prohibited actions: (i) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) upload invalid data, viruses, worms, or other software agents through the Service; (iv) impersonate another person without their permission or otherwise misrepresent User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity; (v) interferes with the proper working of the Service; (vi) bypass the measures we may use to prevent or restrict access to the Service; or (vii) failing to pay Presto any fees owed, including but not limited to any purchases though Presto’s online store or direct response marketing. Upon termination for any reason, you continue to be bound by this Agreement.

Because during your use of the Service the device you use may place outgoing telephone calls, you may be billed by your telephone service provider for these calls. Although the Service attempts to find a local telephone number, a local telephone number may not be available. In addition, your telephone service plan may charge for local telephone calls. You will be responsible for any telephone service charges. You and those with your permission to use your account will be able to indicate a preference for a telephone number by changing the settings of your account on the Service.

3. Limitation on Use. You agree not to use the Service to email, transmit, or otherwise make available content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is harmful, abusive, defamatory, or threatening; (v) contains any information or content that is illegal; or (vi) contains any information or content, including personal information of third parties, that you do not have a right to make available. You may not use Presto’s name, the “Presto” trademark or other trademarks or refer to Presto or the Service directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of Presto for each such use. You may not remove, alter, cover or obfuscate any copyright notices, trademark notices or other proprietary rights notices placed or embedded on or in the Service. You may not cause or permit any third party to do any of the foregoing.

4. Disclaimer of Warranties. PRESTO PROVIDES THE SERVICE ON AN "AS IS" AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW PRESTO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PRESTO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. As a Registered User you may receive newsletters or other information provided by third parties. All such third party content is provided on an “AS IS” basis and Presto expressly disclaims any responsibility for the content thereof.

5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRESTO, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, OTHER INTANGIBLE LOSSES, LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF PRESTO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PRESTO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRESTO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

The Service is controlled from Presto’s facilities in the United States. Presto makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Term and Termination. This Agreement shall become effective upon your acceptance of the Agreement by checking the box to accept the terms of this Agreement, signing an Agreement provided to you, or your use of the Site or the Service, and shall remain in effect in perpetuity unless terminated hereunder (the “Term”). Either you or Presto may terminate this Agreement at any time, for any reason or no reason, without explanation, effective upon notification to the other party. You shall continue to be bound by the restrictions herein following any termination hereof. You may be eligible for a refund under the Service’s then-current refund policies if this Agreement is terminated. Presto Services Inc. reserves the right to change, without notice, product offerings, pricing or specifications.

7. Your Promises. By your use of the Service, you affirm that you are either are at least 18 years of age, or an emancipated minor, or posses legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

By registering for the Service, you are authorizing us to charge you a subscription fee, billed once a month or once a year based on your choice during registration (or revision to that choice thereafter), plus any applicable tax or additional charges resulting from your choices; additional charges may include ink, paper, or delivery charges if you signed-up for the automatic Supplies Subscription option. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against the payment method you last provided to us, either during registration or via a subsequent change to your account information. The subscription fee will first be billed on the day after a Printing Mailbox is first connected with your account, and on each monthly or annual renewal anniversary thereafter unless and until you cancel your subscription to the Service. We automatically bill the subscription fee each month or year on the calendar day corresponding to the commencement of your subscription billing. We automatically bill for Supplies Subscription purchases on the day printing supplies are ordered on your behalf.

8. General Provisions. You agree that California law (without giving effect to its conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the federal and state courts serving Santa Clara County, California, other than for actions to enforce any order or judgment entered by such courts. You agree that Presto may seek injunctive relief for any claims arising out of a breach of the provisions hereof related to confidentiality or proprietary information.

This Agreement contains the entire agreement between you and Presto regarding the use of this Service. In the event that any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing. Unless otherwise explicitly stated, the terms and conditions hereof will survive termination of this Agreement.

9. Export Controls. You agree that you will only use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. As a Registered User you agree that you are not (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services.

11. Effective Date. This Agreement was last revised on March 21, 2013.


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