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Terms of Service
Last Updated August 1, 2014
THIS AGREEMENT INCLUDES:
- Agreement to Contract Electronically
- Links to Third Party Web Sites
- Links to PrestoFresh
- Intellectual Property
- Rules of Conduct
- User Materials License
- Digital Millennium Copyright Act
- No Warranty
- Limitation of Liability
- General Legal Provisions
1. AGREEMENT TO CONTRACT ELECTRONICALLY
You agree that this Electronic Terms of Service Agreement, combined with your accessing and using the Site has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature. You agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement. Print
2. LINKS TO THIRD PARTY SITES
This Site may contain links to third party web sites ("Third Party Sites"). PrestoFresh does not endorse, and has no control over, the content on Third Party Sites. PrestoFresh makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third Party Sites. You further acknowledge and agree that PrestoFresh is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Third Party Sites. Please take the time to read the privacy and security policies of these Third Party Sites.
3. LINKS TO PRESTOFRESH WEB SITE
Links.PrestoFresh appreciates your interest in linking your Web Site ("Linking Site") to our Site. In order to avoid misunderstandings regarding the use of PrestoFresh names, trademarks, service marks, domain names and other proprietary materials, please review the following guidelines: Third parties are authorized to include active links on web sites they control to direct a browser to the Site "home page" at http://www.prestofreshgrocery.com. Third parties do not have any rights to include links from their web sites to any other page maintained on the Site unless they receive prior written permission from PrestoFresh or unless the Linking Site is an Internet search engine.
No Framing. Unless you receive prior written permission from PrestoFresh, you may not: (i) "frame" or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content included on the Site; (ii) alter or modify Site content, or (iii) "cut and paste" or otherwise copy or reproduce Site content on the Linking Site.
No Archiving. Your link must be to the current Site only. In permitting linking, PrestoFresh does not grant any rights to copy, reproduce, modify, cache or archive the Site content for any purpose.
Link At Your Own Risk. PrestoFresh makes no representations or warranties regarding the Site, which is provided "AS IS." Linking Sites link to the Site at their own risk. PrestoFresh has no obligation to maintain the Site, provide or update Site content or otherwise support your link to the Site.
Termination. PrestoFresh may revoke this license immediately, with or without cause or notice to you if you fail to follow these linking guidelines.
5. INTELLECTUAL PROPERTY
Ownership. The Site includes copyrights, trademarks, trade dress, service marks, logos, domain names, and other proprietary materials including, but not limited to, text, articles, press releases, survey's, information, data, artwork, video, audio, images, graphics and software (collectively, the "Content"). PrestoFresh, our affiliates and third-party content providers own all right, title and interest in and to the Content. You acknowledge and agree that the Site and Content is protected by copyright, trademark, patent and other proprietary rights and laws. Except for the limited rights and licenses granted herein, nothing in this Agreement confers to you, whether by implication, estoppel or otherwise, any license, title, or ownership of or to the Site and/or Content.
Limited License. Subject to this Agreement, PrestoFresh grants you a limited right and license to use the Content on your personal computer and devices solely for your personal, non-commercial use. You may not revise or modify Content nor may you alter or remove any proprietary notices included on the Site and/or in the Content. For any other use, please contact PrestoFresh at the address included below.
Restrictions. Except as expressly provided herein, you shall not: (i) use any portion of the Site or Content, on any other web site, in the source code of any other web site, or in any other printed or electronic materials; (ii) modify, publish, copy, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute or otherwise use any portion of the Site or frame this Site within any other web site, without our prior written permission; (iii) reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code of the Site and/or the Content. We reserve the right to block your use of the Site and cancel any memberships or subscriptions for violation of any of these restrictions.
6. RULES OF CONDUCT
The Site may include areas that allow end-users to participate in forums such as chat rooms and message boards. PrestoFresh adopted the following rules of conduct in order to assure that end-users who participate in these forums do so in a lawful and appropriate manner. All information, email, text, graphics, software, messages or other materials ("User Materials"), whether publicly posted, or privately submitted, by end-users are the sole responsibility of the end user. You are solely responsible for any User Materials that you upload, transmit, post, send, email or otherwise make available via the Site. We are not liable for any User Materials or for any errors or omissions in User Materials or for any loss or damage incurred as a result of the use of any User Materials made available on the Site. We may, but are not obligated to, monitor User Material and we reserve the right, in our sole discretion, to block, refuse or remove any User Material from the Site without notice.
The following conduct is prohibited on, or in connection with, the Site:
- Sending unlawful, harassing, abusive or threatening messages;
- Sending obscene or pornographic messages or images;
- Sending hateful, defamatory or libelous messages;
- Transmitting any information that may harm minors;
- Transmitting any communication or User Materials that you do not have a right to under a contractual or fiduciary - relationship, that infringes a third party intellectual property right or violates a proprietary right of any third party;
- Sending viruses or other harmful, disruptive, or destructive files;
- Attempting to steal passwords or credit card information;
- Sending messages in furtherance of unlawful, criminal or fraudulent activity;
- Attempting to conceal or misrepresent the identity of the sender;
- Forging headers or otherwise manipulating identifiers in order to disguise the origin of a message;
- Sending any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
- Deleting any legal notices, disclaimers or proprietary notices;
- disrupting the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfering or disrupting Site servers or networks or any servers or networks connected to either Site; or
- Violating any local, state, federal or international law, rule or regulation.
These rules of conduct are strictly enforced. Violations of these rules may result in the sender being blocked from use of the Site.
PRESTOFRESH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES, INCLUDING LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDERS NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SITE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY PRESTOFRESHTO ADDRESS PAST VIOLATIONS OF THIS AGREEMENT AND/OR TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO SENDER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
7. USER MATERIALS LICENSE
By transmitting, posting, emailing, uploading or otherwise making User Materials available on or via the Site, you represent and warrant to PrestoFresh that you have all right, title and interest in and to such User Materials and grant PrestoFresh a perpetual, irrevocable, world-wide, royalty free, right and license to use the User Materials in connection with the Site and PrestoFresh services.
8. DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to the PrestoFresh Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE DESIGNATED AGENT THAT YOUR COPYRIGHTED USER MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification ("Notification") must be submitted to the following Designated Agent:
1940 Lee Rd.
Cleveland Heights, Ohio 44118
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity, including information about where the material which you claim is infringing is located on the Site sufficient to allow us to locate the material;
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
9. CONTESTS AND SWEEPSTAKES
10. NO WARRANTY
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER PRESTOFRESH NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES PRESTOFRESH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE EITHER SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
11. LIMITATION OF LIABILITY
PRESTOFRESH IS NOT LIABLE FOR ANY INJURY OR LOSS, CLAIM OR DAMAGE, NOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THE SITE; (ii) THE DELAY OR INABILITY TO USE THE SITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE (iv) THE INABILITY TO ACCESS OR USE THE SITE OR FROM YOUR RELIANCE ON ANY CONTENT AND/OR INFORMATION PROVIDED ON THE SITE, OR ON THIRD PARTY SITES LINKED TO FROM THE SITE, EVEN IF PRESTOFRESH IS ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. GENERAL LEGAL PROVISIONS
Reservation of Rights. PrestoFresh reserves the right to deny or block access to the Site to anyone at anytime and to terminate this Agreement at anytime without notice, in its sole discretion.
Termination. At any time and without prior notice, PrestoFresh may immediately terminate your access to the Site for: (1) breach of this Agreement; (2) requests by law enforcement or other government agencies; (3) discontinuance or material modification to the Site (or any part thereof); and/or (4) unexpected technical or security issues or problems. You agree that PrestoFresh may terminate your use of the Site for cause in its sole and PrestoFresh is not liable to you or any third party for termination of your access to the Site. You agree that any account you set up with PrestoFresh will be terminated upon your death.
Indemnification. You agree to defend, indemnify and hold PrestoFresh, its affiliates, and their respective employees, directors, partners, contractors, officers, trustees, and other third parties assisting in the operation of the Site, harmless from and against all claims, liabilities and expenses (including attorneys' fees) that may arise from your use of the Site and/or Content, any accounts set up in connection with the Site, User Materials, violation of the rights of others and/or breach of this Agreement.
Applicable Law and Jurisdiction. The Site is controlled and operated by PrestoFresh, Inc., from its offices in Cleveland, Ohio. This Terms of Service Agreement is governed and controlled by the laws of the State of Ohio. By accessing, and/or using the Site you accept this Agreement and agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the courts of Cuyahoga County, Ohio. In addition, you consent to personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. A printed version of this Agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.
International Use. The Site and Services offered on the Site are not meant for international use. Neither PrestoFresh nor its affiliates make any representation that the Site or Content is appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.
© 2014 PrestoFresh, Inc. All Rights Reserved. PrestoFresh is a service mark owned by PrestoFresh, Inc. All other content, copyrights, trademarks, service marks and other intellectual property included on the Site are the exclusive property of PrestoFresh, it's affiliates, partners and licensors. All Rights Reserved.