Last updated June 21, 2011
This Terms of Service Agreement (referred to as the "Agreement") is between you and Pronto LLC and governs your use of service provided by Pronto through this website and any other Pronto owned web sites as well as any software developed and distributed by Pronto.
Sometimes in this Agreement Pronto LLC will be referred to as "Pronto" or "Us". The "Pronto Service", sometimes referred to as just the "Service", means the service provided through the web site located at www.pronto.com (including any subdomains), any other domains in the Pronto network, including www.ohdeal.com (collectively with www.pronto.com, the "Web Site") and the any software applications developed and distributed by Pronto (the "Software").
Please read this Agreement carefully before using any aspect of the Pronto Service.
By using the Pronto Service you agree to comply with the terms of this Agreement. If you do not agree to this Agreement, do not use the Pronto Service.
Eligibility. By using the Pronto Service, you agree that you are 18 years old or older, or the legal age in your jurisdiction to form a legally binding agreement. If you are under 18 years old, you may use the Pronto Service only with the supervision and consent of your parent or legal guardian. If you are under 13 years old, then you may not use the Pronto Service.
Changes to this Agreement. You agree that we may change the terms and conditions in this Agreement at any time. We will always post the date of the latest version of the Agreement at the top of this Agreement. We will let you know that there is a change to this Agreement by putting the word "Updated" next to the link to "Legal Terms" at the bottom of each page on this Web Site.
Changes to the Pronto Service. You agree that we may change the Pronto Service or remove the Pronto Service at any time in our sole discretion, for any reason or no reason and with or without notice to you.
Effect of Changes. You agree that if you continue to use the Pronto Service after we have posted a change to this Agreement, then you are bound by the most recent version of this Agreement. In other words, your continued use of the Pronto Service means that you agree to be bound by the most current version of this Agreement.
We own the Pronto Service. You agree that the Pronto Service, including, but not limited to the Web Site and the Software, is owned by us. That means that as between you and us, you acknowledge that we own, or we license from other companies, any copyrights, trademarks, technology, patents in and to the Service and that you will not make any claim to any ownership in the Service (or any part of the Service).
Creating profiles and registering with the Pronto Service. You do not need to register with Pronto or create a profile to use the Pronto Service. However, to take advantage of some of Pronto's features you may need to register with Pronto and create a profile. If you do register with Pronto and create a profile, you will be required to provide certain information which may include your first and last name, your email address and your zip code. You may also be asked to supply other information and/or create a profile which, though not required, may be helpful to other users of the Pronto Service in learning more about you. The information that you supply on your profile will be public. If you do not want the information to be public, please do not create a profile. If you do register and create a profile on the Pronto Service, you agree that all registration information you provide to Pronto will be current, accurate and complete. You further agree that Pronto may refuse your registration or profile for any reason in Pronto's sole discretion. Pronto may also terminate or cancel your account or profile, without any notice to you, for any reason in its sole discretion. You are solely responsible for maintaining the confidentiality of your password. You are also solely responsible for all activities that occur under your account. Any account name and password assigned to you by Pronto, and/or accepted by Pronto from you, for your access to the Pronto Service shall be for your personal use only. You agree to immediately notify Pronto of any unauthorized use of your account or password.
Removal of Content. Pronto reserves the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via on the Pronto Service for any reason, at any time, without notice to you.
Public Access. You acknowledge that, unless otherwise expressly indicated, other people who use the Pronto Service will be able to view your user name, your profile and any Content that you transmit, post, or distribute through the Pronto Service. Please do not transmit, post or distribute any sensitive or confidential information. Please see our Editorial Guidelines for more information.
Things you agree not to do: You agree not to do the following:
Term and Termination. This Agreement shall remain effective until terminated in accordance with its provisions. You agree that we may modify or terminate your use of the Pronto Service at any time, for any reason or for no reason, and without notice or liability to you or any third party. Upon termination of this Agreement by either party, your right to use the Pronto Service shall immediately cease. If you stop using the Pronto Service in any way, you agree that this Agreement shall continue in force.
Indemnification — The circumstances that you agree to pay for our legal fees, costs and damages. You agree that if you use the Web Site or any information gathered through the Web Site in a manner that violates this Agreement or harms another person or company, or causes another person or company to seek any loss, damage, claim or demand against us or our parent or affiliated companies, then you agree to pay for any costs, fees or damages we incur related to that loss, damage, claim or demand. You agree that we may choose, at our own expense, to take control of the exclusive defense of any matter, but doing so shall not excuse your indemnity obligations.
Disclaimer of warranty. THE PRONTO SERVICE, ANY INFORMATION AND ANYTHING ELSE RELATING TO THE PRONTO SERVICE, ARE PROVIDED BY PRONTO "AS IS" AND YOU USE THEM AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. PRONTO IS ALSO NOT RESPONSIBLE FOR, AND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND/OR PERFORMANCE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS OF THE PRONTO SERVICE. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. Some states and jurisdictions do not allow the disclaimer of warranties or limitations on how long an implied warranty lasts, so the above disclaimer and limitation may not apply to you.
Limits on our liability. UNDER NO CIRCUMSTANCES SHALL PRONTO OR ITS PARENT, SUBISIDIARY OR AFFILIATE COMPANIES OR ANYONE WORKING FOR OR ON BEHALF OF PRONTO OR ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, BE LIABLE TO YOU FOR ANY COST OF PROCUREMENT OF ANY GOODS OR SERVICES NOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN ANY CASE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRONTO SERVICE OR THE INFORMATION PROVIDED THROUGH THE PRONTO SERVICE, NO MATTER WHAT THE CLAIM IS BASED ON AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states or jurisdictions do not allow us to limit our liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Governing Law. This Agreement shall be governed by and construed in accordance with, the laws of the State of New York, without regard to that state's conflict of law provisions. The state and federal courts in and for New York County, New York shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.
Severability. If any section or paragraph in this Agreement is found to be invalid, illegal, or unenforceable, then you agree that the Agreement shall then be interpreted as if that section or paragraph was removed and the rest of the Agreement remained in effect and in place.
Last updated June 21, 2011
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