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Presto General TOS

Presto Mobile Surveys

General Terms of Service

September 24, 2024

The following document describes the terms of service of Presto Mobile Surveys/Presto C-Sat.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Acceptance of Terms

The web pages and services available at prestomobilesurveys.com, prestometrics.com, prestoinstashops.com, prestomap.com and all their linked pages ("Site") are owned and operated by LiveShopper LLC ("We, "Us") and are accessed by you subject to the Terms of Service described below ("Terms").

Presto reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Presto grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Please read this Terms of Service Agreement ("Agreement") carefully before using this Site. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Presto, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Presto’s express prior written consent.

You may use information on Presto products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Presto for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Presto reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Presto server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Presto, including any Presto account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Presto or others.

Completing Surveys via Presto

Presto reserves the right to inspect all metadata embedded in files that are uploaded as part of a survey for purposes of file processing and fraud detection. Such data may be shared with Clients or Presto Providers (the entities which contract with Presto to use our survey collection platform), and by accepting this agreement you are consenting to the sharing of said metadata, including location, time, IP address, device, operating system, and browser interface.

By submitting a survey, you are attesting that all the information is correct and complete to the best of your knowledge and ability, and that you have willingly submitted said information and are consenting to that data being shared and retained by Presto and the Client or Presto Provider for whom the survey was created.

Please be advised that any and all incentives or compensation offered in return for completing a survey are entirely the purview of the Client or Presto Provider, and not offered by Presto itself. Questions or concerns relating to said incentives must be addressed to the Client or Presto Provider.

Disclaimers

PRESTO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PRESTO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHERMORE, USE OF THE PLATFORM IS AN ACKNOWLEDGEMENT THAT THE INFORMATION IS BEING PLACED IN A PUBLICLY VIEWED ENVIRONMENT UNLESS PRIVACY CONSTRAINTS ARE PLACED ON THE PROJECT.

PRESTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRESTO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PRESTO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PRESTO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Presto reserves the right to do any of the following, at any time, without notice, and in its sole discretion: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Presto, including its members, agents, representatives, successors, assigns, affiliates, or other related entities, be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Presto has been advised of the possibility of such damages.

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