- 4.1. Restricted Access. This Website is not available or intended for children under 13 years of age. You may only use this Website if you are at least 13 year of age. By using this Website, you represent that you are at least 13 years of age.
5. CONTENT AND THIRD PARTY SERVICES.
- 4.2. To the Website. Subject to Your compliance with these Terms of Service, Pronto will permit You to access and use the Website and Content solely for lawful purposes and only in accordance with these Terms of Service and any other agreement You agree to with Pronto before being given access to any specific aspects of the Website. Any additional agreement is in addition to these Terms of Service and will govern Your use of the portions of the Website to which the additional agreement applies in the event of a conflict between the terms of these Terms of Service and the additional agreement.
- 5.1. Content. Unless otherwise noted on the Website, all Content available through the Website or Content, including all text, audio, video, photographs, illustrations, graphics, testimonials, and other media, is owned or licensed by Pronto other third party providers. All Content is provided for informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for Your use of any Content. Pronto has not verified the accuracy of, and will not be responsible for any errors or omissions in any Content. Pronto makes no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Except as set forth in this Terms of Service, You are granted no licenses or other rights in or to any Content, or any IPR therein or related thereto. If You would like to use any Content in a manner not permitted by this Terms of Service, please contact Pronto at email@example.com.
6. TERMINATION. These Terms of Service may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms of Service. Except as otherwise stated in these Terms and Conditions, upon termination or expiration of these Terms of Service for any reason: (1) all rights and subscriptions granted to You under these Terms of Service will terminate; and (2) You will immediately cease all use of and access to the Website and all Content and Services (including, without limitation, all Content You obtained prior to termination). Sections titled Definitions, Termination, Suspension, Content and Third Party Service Providers, Website Technology, Ownership, Representations and Warranties, Indemnity, Limitation on Liability, Data Privacy, Feedback, Claims of Infringement, Disputes, Governing Law and Venue, Notices, Linked Sites, and Additional Terms will survive any expiration or termination of these Terms of Service.7. SUSPENSION. Without limiting Pronto’s right to terminate these Terms of Service, Pronto may also suspend Your access to the Website or any Content, with or without notice to You, upon any actual, threatened, or suspected breach of these Terms of Service or applicable law or upon any other conduct deemed by Pronto, in its sole discretion, to be inappropriate or detrimental to the Website, Pronto, or any other User or third party.8. WEBSITE TECHNOLOGY. The Website, Content, and the databases, software, hardware, and other technology used by or on behalf of Pronto to operate the Website, and the structure, organization, and underlying data, information and software code thereof (collectively, the "Technology"), constitute valuable trade secrets of Pronto. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms and Use; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology.9. OWNERSHIP. Pronto retain all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IPR”), in and to the Technology and any additions, improvements, updates, and modifications. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Website and Content under these Terms of Service. The Pronto name, logo, and all product and service names associated with the Website and Content are trademarks of Pronto and its licensors and third party providers and You are granted no right or license to use them.10. REPRESENTATIONS AND WARRANTIES.
- 5.2. To Third-Party Services. The Website may provide You with the choice to access certain Services developed, provided, or maintained by other third-party service providers ("Third Party Services"). In addition to the terms of these Terms of Service, Your access to and use of any Third Party Services is also subject to any other agreement You may agree to before being given access to the Third Party Services (each, a "Third Party Service Agreement"). The terms of any Third Party Service Agreement (which may include payment of fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of these Terms of Service, but will not apply to any other Services You may access through the Website. Except as set forth in these Terms of Service, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of these Terms of Service and that Third Party Service Agreement.
- 10.1. Mutual. Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into these Terms of Service; (b) these Terms of Service forms a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under these Terms of Service and to grant the rights and licenses described in these Terms of Service.
- 10.2. Compliance with Laws. You acknowledge that the Website is a general purpose online service and is not specifically designed to facilitate compliance with any specific law. You represent and warrant to Pronto that Your use of and access to the Website, including any, will comply with all applicable laws, rules, or regulations (“Laws”) and will not cause Pronto itself or any other third party to violate any applicable Laws. Pronto is not responsible for notifying You of any such Laws, enabling Your compliance with any such Laws, or for Your failure to comply. You agree that you will not use this Website to transmit any false, inaccurate, or misleading information; upload any viruses or malicious code; engage in behavior that is defamatory, obscene, indecent, threatening, or harassing; solicit login information, access protected data or intercept personal information belonging to someone else; or use this Website or its content in connection with unsolicited commercial messages.
- 10.3. No Warranties; Disclaimer.
- 10.3.1. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." Pronto DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE WEBSITE, CONTENT, OR THE PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE AND DOES NOT ENDORSE THE PRODUCTS, SERVICES, VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHER DATA, INFORMATION OR THIRD PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE WEBSITE. Pronto EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, CONTENT, SERVICES AND OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Pronto, ITS EMPLOYEES, OR SERVICE PROVIDERS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
- 10.3.2. Pronto MAKES NO WARRANTY THAT (a) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (b) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (e) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY CONTENT OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.