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Terms of Service
 
Last modified: June 12, 2012

Welcome to Presto Direct! Thank you for using our products and services (“Services”). Services are provided by Presto Direct, Inc. (“Presto”), located at 1638 W. Washington St., Harpers Ferry, WV 25425, United States.
By using our Services, you are agreeing to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services,
and those additional terms become part of your agreement with us if you use those Services.
 
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. Our Services display some content that is not Presto’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
 
Your Presto Account
You may need a Presto Account in order to use some of our Services. You may create your own Presto Account, or your Presto Account may be assigned to you by an administrator, such as your
employer or educational institution. If you are using a Presto Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. If you learn of any unauthorized use of your password or account, follow these instructions.
 
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Presto may also stop providing Services to you, or add or create new limits to our Services at any time. 
 
Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Presto NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTION OF THE PRODUCTS AND SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES
“AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. 

Liability for our Services
WHEN PERMITTED BY LAW, Presto, AND Presto’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Presto, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE PRODUCTS OR SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PRODUCTS OR SERVICES AGAIN). IN ALL CASES, Presto, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
 
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Presto and its affiliates, officers, agents, and employees from 
any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
 
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. W
e’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Presto and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
 
The laws of West Virginia, U.S.A. will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out
of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Jefferson County, West Virginia, USA, and you and Presto consent to personal jurisdiction in those courts.
 
For information about how to contact Presto, please visit our contact page.
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