TERMS AND CONDITIONS OF USE
Pronto General Agency, Ltd., along with its subsidiaries and affiliates (collectively, “Pronto”), provides the information and services on its World Wide Web sites (collectively, the or this “Site”) under the following terms and conditions. By accessing and/or using the Site, you indicate your acceptance of these terms and conditions.
1. LAWS AND REGULATIONS. Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.
2. COPYRIGHT AND TRADEMARKS. The information available on or through this Site is the property of Pronto, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes. Users may not use the trademarks, logos and service marks or any other intellectual property (collectively, “Marks”) for any purpose including, but not limited to use as “hot links” or metatags in other pages or sites on the World Wide Web without the written permission of Pronto or such third party that may own the Mark.
3. TAMPERING. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in the Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
4. THIRD PARTY INFORMATION. Although Pronto monitors the information on the Site, some of the information is supplied by independent third parties. While Pronto makes every effort to insure the accuracy of all information on the Site, Pronto makes no warranty as to the accuracy of any such information.
5. LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other Web sites that are not under the control of Pronto. The links are only provided as a convenience and Pronto does not endorse any of these sites. Pronto assumes no responsibility or liability for any material that may accessed on other Web sites reached through this Site, nor does PRONTO make any representation regarding the quality of any product or service contained at any such site.
6. LINKS FROM THIRD PARTY SITES. Pronto prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. Pronto reserves the right to disable any unauthorized links or frames. Pronto has no responsibility or liability for any material on other Web sites that may contain links to this Site.
7. WIRELESS RESERVATIONS. Functionality is not guaranteed with all types of mobile devices in using this Site. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider. You are solely responsible for such charges associated with your use of this Site.
8. NO WARRANTIES. Information and documents provided on this Site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. PRONTO uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. Pronto periodically adds, changes, improves, or updates the information and documents on this Site without notice. Pronto assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PRONTO BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF PRONTO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. SECURITY. Data transmitted to and from Pronto client Sites is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. Pronto is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of PRONTO sites. In order to protect you and your data, Pronto may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
13. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
14. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act, Pronto has designated the following person as an agent. Notices of claimed copyright infringement on the Site should be directed to: Pronto General Agency, Ltd., 805 Media Luna, Suite 610, Brownsville, Texas, Attn: John Patton, VP/General Counsel, Legal Department.
15. INTELLECTUAL PROPERTY RIGHTS. This Site and its materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Pronto and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Pronto and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C.
16. COPYRIGHT AND TRADEMARK NOTICES. All contents of this Web site are the copyrighted property of Pronto or a Pronto licensor, as applicable. All contents of this Web site are protected by United States and international copyright laws.
Pronto also has numerous common law trademarks, service marks and other intellectual property rights.
No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Pronto trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
17. JURISDICTION/GOVERNING LAW. These terms and conditions shall be governed and construed in accordance with the laws of the State of Texas, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the state of Texas or the federal district courts sitting in Texas, which courts shall have exclusive jurisdiction for such purpose.