PLEASE READ THIS DOCUMENT CAREFULLY.  IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

  1. User’s Acknowledgment and Acceptance of Terms

PrestoPics Holdings, LLC (referred to as “us” or “we”) provides the PrestoPics application software, mobile app, and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Sale”).  By placing an order you are offering to purchase a subscription service on and subject to the following terms and conditions.  All orders are subject to download availability and confirmation of the order price. Availability of downloadable content may vary according to content availability, software/technical interruption(s), and subject to any delays resulting from force majeure for which we will not be responsible.  In order to contract with us you must be eighteen (18) years of age or older and possess a valid credit or debit card issued by a bank acceptable to us.  We retain the right to refuse any request made by you.  If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with.  This will usually be us, but may, in some cases, be a third party.  Where a contract is made with a third party, we are not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.  When placing an order you expressly acknowledge that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods, services, and/or subscriptions.  The cost of foreign products and services may fluctuate.  All prices advertised are subject to change, upon our sole discretion.  Furthermore, these Terms of Sale are subject to change by us without prior written notice, at any time, in our sole discretion. The latest version of the Terms of Sale will be posted on this site, and you should review these terms and conditions prior to purchasing any service that is available through this site and/or application.  These Terms of Sale are an integral part of the site Terms of Use that apply generally to the use of our site and/or application.  You should also carefully review our Privacy Policy before placing an order for goods or services through this site.  As such, you expressly acknowledge the following terms:

(a) Our Contract.  A contract between us will be formed only when you will receive an acknowledgement e-mail confirming receipt of your subscription.  We reserve the right at any time after receipt of your subscription request to accept, decline, or limit your subscription for any reason, whether or not your credit card has been charged.  Purchase of any service that is available through this site and/or application MUST be made via our site and/or application with a valid credit or debit card issued by a bank acceptable to us.  All payments must be in United States dollars. Current billing address, name, and phone information must be included with every order.  After checkout you will receive an email that may include directions and the necessary download information for the service(s) you have purchased.  All sales of any service that is available through this site and/or application are final.  NO refunds will be issued.

(b) Changes in Products and Pricing.  We are constantly updating and revising our offerings of services and we may discontinue certain services at any time, without notice.  To the extent that we provide information on availability of services, you should not rely on such information, and we will not be liable for any lack of availability of services that you may order through our site and/or application.  All pricing for services available on our site and/or application are subject to change.  For all of our prices and services, we reserve the right to make adjustments due to changing market conditions, service discontinuation, errors in advertisements, and other extenuating circumstances.

(c) Payment.  Upon receiving your subscription order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction.  Your card will be debited upon authorization being received.  The monies received upon the debiting of your card shall be treated as a deposit against the value of the services you wish to purchase.  We make every effort to maintain the availability of our site and/or application.  However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

  1. Advertising Disclaimer and Trademarks

The descriptions of products and services that are posted on our site may be the representations of third party vendors.  We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising, or shipping/download errors.

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our vendors, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price.  We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  

All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners.

  1. Disclaimer and Limitation of Liability

The material displayed on our site and/or application is provided without any guarantees, conditions, or warranties as to its accuracy.  ALL PRODUCTS AND SERVICES AVAILABLE ON OUR SITE AND/OR APPLICATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON OUR SITE AND/OR APPLICATION WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.  IN NO EVENT SHALL PRESTOPICS HOLDINGS, LLC, OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, MANAGERS, MEMBERS, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR, OR PERFORMANCE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE AND/OR APPLICATION.  NO EMPLOYEE OR REPRESENTATIVE OF PRESTOPICS HOLDINGS, LLC, IS AUTHORIZED TO MODIFY THIS LIMITATION.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE AND/OR APPLICATION), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE AND/OR APPLICATION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

 

  1. Privacy and Customer Information

We are committed to protecting your privacy.  To make your shopping experience more convenient, we gather information about you.  We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information.  See our Privacy Policy.

At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.

  1. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred.  Therefore, you must take steps to ensure that others do not gain access to your password and account.  Our personnel will never ask you for your password.  You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

  1. Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and services available through our site and/or application arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, terrorism or terrorist acts, accident, adverse weather, inability to secure transportation, governmental act or regulation, epidemics, pandemics, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

  1. Entire Agreement

These Terms of Sale constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.  These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.  To the extent that anything in or associated with this site and/or application is in conflict or inconsistent with these Terms of Sale, then these Terms of Sale shall take precedence.

  1. Governing Law

This site and/or application (excluding any linked sites) is controlled by us from our offices within the Commonwealth of Pennsylvania, United States of America.  It can be accessed from all 50 states and United States Territories, as well as from other countries around the world.  As each of these places has laws that may differ from those of the Commonwealth of Pennsylvania, by accessing this site both of us agree that all matters relating to the use of this site and/or application, the purchase of products and services available through this site and/or application, and all matters arising out of or relating to these Terms of Sale, whether sounding in contract, tort, or statute, shall be governed by and construed and enforced in accordance with the internal Laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods.  Except as otherwise provided herein, each Party irrevocably and unconditionally: (a) consents to submit to the exclusive jurisdiction of the United States District Court for the Western District of Pennsylvania or, if such court does not have jurisdiction, the Court of Common Pleas of Washington County, Pennsylvania, and the appellate courts having jurisdiction of appeals in such courts for any action, dispute, suit, or proceeding arising out of or relating to this Agreement (and each party irrevocably and unconditionally agrees not to commence any such action, dispute, suit, or proceeding except in such courts), (b) waives any objection to the laying of venue of any such action, dispute, suit, or proceeding in any such courts, and (c) waives and agrees not to plead or claim that any such action, dispute, suit, or proceeding brought in any such court has been brought in an inconvenient forum.  Each Party hereby irrevocably waives any and all rights to trial by jury in any legal proceeding arising out of or related to the use of this site and/or application, the purchase of products and services available through this site and/or application, and all matters arising out of or relating to these Terms of Sale, whether sounding in contract, tort, or statute.

  1. Arbitration

Any dispute, controversy, or claim arising out of or related to the use of this site and/or application, the purchase of products and services available through this site and/or application, and all matters arising out of or relating to these Terms of Sale, whether sounding in contract, tort, or statute, shall be submitted to and decided by binding arbitration.  Arbitration shall be administered exclusively by the office of the American Arbitration Association (“AAA”) and shall be conducted consistent with the rules, regulations, and requirements of AAA’s Commercial Arbitration Rules and Mediation Procedures (the “AAA Rules”), then in effect, as well as any requirements imposed by Pennsylvania law.  Arbitration shall be conducted in or within 50 miles of Washington, Pennsylvania, and any arbitral award determination shall be final and binding upon the Parties hereto.  Arbitration shall proceed only on an individual basis.  The Parties waive the right to assert, participate in, or receive money or any other relief from any class, collective, or representative proceeding.  Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person.  Notwithstanding anything to the contrary in the AAA Rules, no arbitrator shall have jurisdiction or authority to compel any class or collective claim, to consolidate different arbitration proceedings, or to join any other party to the arbitration between the Parties.

  1. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.  Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

  1. Severability

In case any provision of these Terms of Sale are held to be invalid, unenforceable, or illegal, that provision shall be severed from these Terms of Sale, and such invalidity, unenforceability, or illegality will not affect any other provisions of these Terms of Sale.

  1. Waiver

The failure of either party to enforce any provisions of these Terms of Sale is not a waiver of the provisions or of the right of that party to subsequently enforce that, or any other, provision of these Terms of Sale.

  1. Sections, Headings, and Construction

The headings of Sections in these Terms of Sale are provided for convenience only and will not affect its construction or interpretation.  All references to “Section” or “Sections” refer to the corresponding Section or Sections of these Terms of Sale, unless otherwise specified.  All words used in these Terms of Sale will be construed to be of such gender or number as the circumstances require.  Unless otherwise expressly provided, the word “including” does not limit the preceding words or terms.

  1. Assignment

You may not assign your rights and obligations under these Terms of Sale to any other party and any purported attempt to do so shall be null and void.  We may freely assign our rights and obligations under these Terms of Sale.

  1. Contact Information

Except as explicitly noted on this site and/or application, the services available through this site are offered by PrestoPics Holdings, LLC, a Pennsylvania limited liability company, with a registered office address of 181 Hunting Hills Road, Dilliner, Pennsylvania 15327.  If you have any questions or concerns regarding these Terms of Sale, please contact us at ras@prestopics.com.