Effective: January 1, 2023
ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE INCLUDE, WITHOUT LIMITATION, YOUR INDEMNIFICATION OBLIGATIONS, LIMITATIONS ON OUR LIABILITY, A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE WEBSITE IS NOT DIRECTED TO CHILDREN, AND PERSONS UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITE. USING THIS WEBSITE INDICATES THAT YOU AND YOUR COMPANY SHALL BE DEEMED TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.
1. Acceptance
The following terms of use (“Terms of Use”) apply to all users of this website (the “Website”), govern their access to and use of the Website, including any content, functionality, and services offered through the Website, and constitute a legal agreement between (a) Presidio Inc. and its affiliates (“Presidio”) and (b) you, and if accessing the Website on behalf of your company, then also your company. By using the Website you represent and warrant that: (i) you are of legal age to form a binding contract with Presidio; (ii) you have, or if applicable, an appropriate representative of your company has read, understands and agrees to be bound by the Terms of Use and you have the power, authority and legal right to use the Website in accordance with these Terms of Use on behalf of yourself and if applicable, your company; (iii) if using this Website on behalf of your company, such use has been duly authorized by all requisite action, corporate or otherwise; and (iv) these Terms of Use are a valid, legal and binding obligation of you and your company, enforceable in accordance with its terms. If you or, as applicable, your company do not agree to these Terms of Use, you cannot use the Website.
Presidio may amend these Terms of Use from time to time in its sole and absolute discretion, without notice, which amendments will be posted on the Website and will become effective upon posting and apply to all access to and use of the Website thereafter. It is your responsibility to review these Terms of Use to determine if there have been any changes, which will be indicated by a revision to the effective date posted above. Your continued use of the Website after posting shall constitute your, and if applicable, your company’s, acceptance of and agreement to be bound by the amended Terms of Use.
The Terms of Use supplements and is in addition to: (y) Presidio’ privacy policy, which is located at www.presidio.com/privacy-policy (the “Privacy Policy”); and (z) if applicable, any written agreement(s) between Presidio and you or your company; (the items referenced in (y) and (z) are all applicable and are collectively referred to as the “Presidio Terms”). In the event there is any conflict between these Terms of Use and the terms contained within any other applicable document, the terms which are more favorable to Presidio, as determined by Presidio, shall apply. Reference to the terms “you”, “your” or “yourself” in the remainder of these Terms of Use refers to both you and your company, collectively, unless otherwise expressly indicated.
2. Scope of License & Intellectual Property
The Website is not directed to children, and persons under the age of 18 are not permitted to use the Website. The Website is intended solely for users who are 18 years of age or older and are authorized by Presidio to access and use certain portions of the Website. Presidio may, in its discretion, provide certain authorized users with passwords and access credentials to allow access to certain restricted portions of the Website.
You acknowledge that the Website and its entire contents, features, and functionality (including, but not limited to, all information, software, HTML, code, files, text, displays, images, product information, promotional information, video, audio, and the design, selection, and arrangement thereof) (collectively, “Information”) are owned by Presidio, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. You acknowledge that Presidio, its licensors, or other providers are the sole and exclusive owners of all right, title, and interest in the Website and the Information.
Any trademarks, logos, slogans, product designations, service marks, and trade dress (collectively “Marks”) displayed on this Website are the property of Presidio or other third parties. You are not permitted to use these Marks without the prior written consent of Presidio or such third party that may own any such Mark.
These Terms of Use permit you to use the Website and the Information for the Purpose (as defined in section 5 below) only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Information on our Website, except as follows:
- Your computer may temporarily store copies of such Information in RAM incidental to your accessing and viewing those Information;
- You may store files that are automatically cached by your Web browser for display enhancement purposes; and
- You may print or download one copy of a reasonable number of pages of the Website for the Purpose and not for further reproduction, publication, or distribution, provided such copies are not modified in any way and that all notices are maintained without change including, without limitation, copyright notices.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at Presidio’s option, return or destroy any copies of the Information you have made.
Presidio reserves all rights not expressly granted to you hereunder. Except for the limited rights expressly granted under these Terms of Use, nothing herein grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Website or the Information.
3. Accessing the Website and Account Security
Presidio reserves the right to withdraw or amend this Website, and any feature or Information provided on the Website, in its sole and absolute discretion without notice. Presidio reserves the right to terminate, limit, suspend, change, or restrict access to the Website or any feature thereof, at any time without notice. In no event will Presidio be liable for any removal of or disabling of access to all or any part of the Website, or if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website; and
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
You must treat any and all access credentials, passwords, and any other piece of information provided or collected as part of Presidio’s security procedures as Confidential Information (as defined in section 6 below), and you must not disclose it to any other person or entity. You also acknowledge that your Website account, if any, is personal to you and you agree not to provide any other person with access to this Website or portions of it using your access credentials, passwords, or other security information. You agree to take all precautions necessary to maintain the secrecy and security of any access credentials, passwords, or other security information which may be issued to you or by you and be solely responsible for any use, misuse, theft or loss thereof, including unauthorized access by third parties. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In the event of any unauthorized use of the Website or unauthorized access to or use of your access credentials or passwords or any other breach of security, or should any of the foregoing be reasonably suspected by you or your company, you must notify Presidio immediately by telephone and concurrently provide written notice of the circumstances surrounding the event.
Presidio has the right to disable any access credentials, passwords, or other identifier, whether chosen by you or provided by Presidio, at any time in our sole and absolute discretion for any or no reason, including if, in Presidio’s opinion, you have violated any provision of these Terms of Use.
4. Prohibited Uses
You agree not to:
- Use the Website for any purpose other than the Purpose in accordance with the Terms of Use;
- Use the Website in any way that violates any applicable local, state, national, or international laws, rules, or regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- Use the Website or Information in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of Presidio or any third party;
- Use the Information to compete with Presidio or otherwise in any way directly or indirectly detrimental to Presidio;
- Copy, reproduce, modify or create derivative works of the Information in any form, or by any means, in whole or in part, without Presidio’ express written permission;
- Remove any copyright or other proprietary notices from the Information or on any copy authorized by Presidio;
- Impersonate or attempt to impersonate Presidio, a Presidio employee, another user, or any other person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any other user, person or entity (including, but not limited to, by using email addresses or access credentials associated with any of the foregoing);
- Allow or permit access to, or use of the Website, or any component thereof, by any unauthorized third parties or for any unlawful purpose;
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Presidio, may harm Presidio, the Website, or users of the Website, or expose them to liability;
- Use any device, software, or routine that interferes with the proper working of the Website.
- Use any automated scripts, robot, spider, or other automated device or process to access the Website for any purpose, including, but not limited to collect information from or monitor information on the Website;
- Use any manual process to monitor or copy any of the Information on the Website, or for any other purpose not expressly authorized in these Terms of Use, without Presidio’s prior written consent;
- Decipher, decompile, disassemble, decode, adapt, reverse engineer or otherwise attempt to derive or gain access to any of the software comprising of, or in any way making up all or part of the Website;
- Unless prior written permission is granted by Presidio, deep link, hot link, frame or otherwise make available content provided by the Website in any fashion so as to avoid the standard processes for viewing content through the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and/or
- Otherwise attempt to interfere with the proper working of the Website.
5. Information and Third Party Content
The Information is provided by Presidio as an accommodation to its customers and may be used by you only to promote your purchase of Presidio’ products or services (the “Purpose”). You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Website and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this Website, that your use of this Website is subject to such risks and exposures, that Presidio will have no liability on account of any of the foregoing, and that this Website should be used as a guideline only.
The Website may include content provided by third parties, such as other users and third-party licensors. All statements and/or opinions expressed in such content on the Website provided by third parties is solely the responsibility of the third party providing those materials. Such content does do not necessarily reflect the opinion of Presidio. Presidio is not responsible, or liable to you or any third party, for the content or accuracy of any such content.
6. Confidentiality
You acknowledge that Information accessed through secure areas of the Website (i.e. areas requiring a user name and password) is confidential and proprietary to Presidio (“Confidential Information”), and you agree: (i) not to reveal, report, publish, copy, disclose or transfer Confidential Information to any third party without Presidio’ prior written consent, or permit any third party to examine and/or make copies of any of the Confidential Information; (ii) not to use or copy the Information for any purpose except the Purpose; and (iii) to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect the Confidential Information. Confidential Information shall not include any information that is or becomes generally available to the public.
You acknowledge and agree that the Confidential Information is proprietary to and is the sole and exclusive property of Presidio and that you have no right, title, or interest therein. You acknowledge and agree that the Confidential Information is a trade secret and is not readily accessible to competitors of Presidio and that such Confidential Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Confidential Information: (i) provides Presidio with a competitive advantage over those who do not know or use it; (ii) is kept in a safe place and Presidio has taken and is taking all reasonable precautions to protect the secrecy of the Confidential Information and Presidio’ legitimate interest in the Confidential Information; (iii) would be difficult for competitors of Presidio or others to duplicate; and (iv) may be used by Presidio in any manner it determines in order to aid in the marketing, sales and distribution of its products.
7. Disclaimer & Limitation of Liability
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ALL OF WHICH ARE HEREBY WAIVED. PRESIDIO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AS TO WHETHER PRESIDIO’S PRODUCTS, SERVICES, SOFTWARE OR THE WEBSITE OR THE INFORMATION THEREIN AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE FREE FROM CLAIMS OF THIRD PARTIES CONCERNING INFRINGEMENT OR THE LIKE. PRESIDIO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE WEBSITE OR ANY OF THE INFORMATION AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, AND MAKES NO COMMITMENT TO UPDATE THE WEBSITE OR THE INFORMATION AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE. PRESIDIO CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE, THE INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE FILES AVAILABLE FOR DOWNLOAD ARE FREE OF VIRUSES, TIME BOMBS, TROJAN HORSES, WORMS AND OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PRESIDIO CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THIS WEBSITE IS FREE OF SAME WHEN IT IS ACCESSED BY A USER, NOR DOES IT MAKE ANY SUCH REPRESENTATION OR WARRANTY, AND SAME ARE HEREBY WAIVED. PRESIDIO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE INFORMATION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY INFORMATION POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED WITH THE EXPRESS UNDERSTANDING THAT PRESIDIO IS NOT RENDERING PROFESSIONAL ADVICE OR OPINIONS ON SPECIFIC FACTS AND MATTERS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRESIDIO, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR EXPENSES OF WHATSOEVER KIND AND NATURE, IMPOSED UPON, INCURRED BY OR ASSERTED OR AWARDED AGAINST YOU, DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING FROM: (I) THE WEBSITE; (II) YOUR USE, YOUR INABILITY TO USE, OR ANY RESULT OF YOUR USE OF THIS WEBSITE OR ANY WEBSITES THAT ARE LINKED TO OR FROM THIS WEBSITE; (III) YOUR USE (OR RELIANCE ON ANY) OF THE INFORMATION CONTAINED IN THIS WEBSITE OR ANY WEBSITE LINKED TO OR FROM THIS WEBSITE; (IV) ANY BREACH OF WARRANTY, EXPRESS OR IMPLIED, UNDER THESE TERMS OF USE OR OTHERWISE; OR (V) ANY OTHER BREACH OF ANY OBLIGATION OR DUTY OWED BY PRESIDIO HEREUNDER OR UNDER APPLICABLE LAW, REGARDLESS OF WHETHER THE LIABILITY RESULTED FROM ANY GENERAL OR PARTICULAR REQUIREMENT OR NEED WHICH PRESIDIO KNEW OR SHOULD HAVE KNOWN OF. THIS LIMITATION OF LIABILITY WILL APPLY TO ANY CLAIM WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER PRESIDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY TERM OF ANY AGREEMENT BETWEEN YOU AND PRESIDIO IS FOUND UNCONSCIONABLE OR UNENFORCEABLE FOR ANY REASON, THIS PROVISION OF WAIVER BY AGREEMENT OF CONSEQUENTIAL DAMAGES SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT.
ALL INFORMATION RELATING TO DESCRIPTIONS, AND CHARACTERIZATIONS OF PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE (“PRODUCT DATA”) ARE PROVIDED SOLELY FOR PURPOSES OF IDENTIFYING THE PRODUCTS OR SERVICES IN QUESTION AND FOR ILLUSTRATIVE PURPOSES AND DO NOT CONSTITUTE A WARRANTY THAT OUR PRODUCTS WILL CONFORM TO SUCH PRODUCT DATA, AND PRESIDIO HEREBY WAIVES ANY AND ALL LIABILITY IN CONNECTION THEREWITH.
8. Promotions
From time to time, Presidio may conduct promotions on or through the Website, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms of Use for each such Promotion. It is your responsibility to read the applicable Promotion Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
9. Third Party Websites
This Website may contain links to third party websites (“Third Party Websites”) or offer content from Third Party Websites. Presidio makes no representations about any Third Party Websites or the content thereof which you may access through this Website. You acknowledge that Presidio has not reviewed these Third Party Websites, has no control over such Third Party Websites or the content thereof, and is not responsible for any of these websites or their content. Accordingly, you acknowledge and agree that access to any Third Party Website, or content thereof, is at your own risk and Presidio shall have no liability therefor. Presidio is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Websites. Presidio shall not be liable for any damages or injury arising out of or relating to the content of any Third Party Website, content from any Third Party Website, or your use thereof, and same are hereby waived. Presidio provides these links and content merely as a convenience and the inclusion of thereof does not imply an endorsement, sponsorship or recommendation by Presidio of anything contained on Third Party Websites, or its products or services. Presidio reserves the right to terminate any Third Party Website link or content at any time.
Moreover, a Third Party Website may provide a link to this Website (“Links”). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Presidio. In most cases, Presidio is not aware that a third party has linked to this Website. You acknowledge and agree that Presidio shall not be liable for any damages or injury arising out of or relating to your use of this Website resulting from a Link to this Website from a Third Party Website, and same are hereby waived.
Presidio cannot guarantee that any of the Third Party Websites, content thereof, or Links will be free from any viruses, time bombs, trojan horses, worms or any other damaging computer programming routines or harmful components. Moreover, Presidio does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Websites, content thereof, and the Links, and same are hereby waived. Accordingly, Presidio hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.
If you purchase a Presidio product from a contracted Third Party Website retailer, you acknowledge that all orders placed with such retailer will be fulfilled by the third party retailer and not Presidio. The retailer will be responsible for all processing, shipping, returns, and customer service related to your order. Products purchased from a retailer can only be returned to that retailer in accordance with its return policy and cannot be returned to Presidio. Each retailer’s shipping information, return policy, customer service information and privacy policy can be found on that retailer’s website.
10. Printing & Downloading
To access certain Information on this Website, you may need to download such Information onto your own computer. You acknowledge and agree that your right to download Information from this Website is strictly limited to the Purpose and for no other purpose whatsoever. Information which is downloaded may only be displayed by you for the Purpose in accordance with these Terms of Use, provided it is not modified in any way and that all notices are maintained without change including, without limitation, copyright notices. As more particularly stated in section 7 above, Presidio is not responsible for the completeness, accuracy and reliability of any Information printed or downloaded onto your systems or the use of such Information. You also acknowledge and agree that any Information printed or downloaded from this Website is done at your own discretion and risk and you are solely responsible for any loss of data or damage to your computer that may result from downloading such Information.
11. Monitoring and Termination of Access
Notwithstanding anything to the contrary in these Terms of Use, Presidio shall have the right, in its sole and absolute discretion, to terminate, limit, suspend, change, or restrict your access to all or any part of the Website at any time, with or without notice, for any reason or no reason, including without limitation, (i) for any conduct that Presidio believes is in violation of these Terms of Use or any applicable laws, rules, or regulations; (ii) for any conduct that Presidio believes is harmful to Presidio, the interests of another user, any third party or the Website; or (iii) if Presidio reasonably determines that there is a threat or attack on the intellectual property associated with the Website. Such determinations shall be made by Presidio in its sole and absolute discretion. Moreover, Presidio reserves the right to discontinue the availability of the Website or any portion thereof at any time, and you agree Presidio will have no liability for doing so.
Presidio shall also have the right to:
- Remove or refuse to post any Submissions (as defined in section 13 below) for any or no reason in our sole and absolute discretion;
- Take any action with respect to any Submissions that we deem necessary or appropriate in our sole and absolute discretion, including if we believe that such Submissions violate the Terms of Use, including the content standards identified in section 14 below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Presidio;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD PRESIDIO HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PRESIDIO DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PRESIDIO OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Submissions or other transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
12. Indemnification
You agree to defend, indemnify, and hold harmless Presidio, its directors, officers, shareholders, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Submissions, any use of the Website’s Information, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
13. Submissions
The Website may contain interactive features that allow you to post, submit, display, or transmit to other users or other persons content or materials on or through the Website, or otherwise submit questions, comments, suggestions, feedback, reviews, resumes, employment opportunities, images, videos, or other information or content (collectively, “Submissions”) to Presidio, either online or offline, and whether or not solicited by Presidio. All Submissions must comply with these Terms of Use, including, without limitation, the content standards set forth in section 14 below.
Any Submission you post to the Website will be considered non-confidential and non-proprietary. By providing any Submissions on the Website or otherwise to Presidio, you hereby grant to Presidio, its assigns, agents, and licensees, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submissions for any purpose and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed, without compensation or attribution of any kind to you or any third party.
Publication or use of any Submissions is at the sole and absolute discretion of Presidio and Presidio is under no obligation to publish or use any Submission. If your Submission is published, used and/or posted on the Website or otherwise used by Presidio, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submission, you hereby grant Presidio the right to use your name in connection with the publication, use or posting of your Submission.
You represent, warrant and agree that (i) you have all necessary right, power, and authority to grant the license set forth herein to your Submissions; (ii) your Submissions will be true and accurate; and (iii) will not contain material that otherwise violates these Terms of Use, applicable laws, rules or regulations, including, without limitation, the content standards set forth in section 14 below. You agree to take any further action (including without limitation execution of affidavits and other documents) reasonably requested by Presidio to effect, perfect, and confirm the license granted to Presidio for your Submissions as stated herein.
You understand and acknowledge that (i) you are responsible for any Submissions you submit or contribute, and you have full and sole responsibility for such content, including its legality, reliability, accuracy, and appropriateness, and (ii) Presidio is not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or any other user of the Website.
14. Content Standards
These content standards apply to any and all Submissions. Submissions must in their entirety comply with all applicable local, state, national, and international laws, rules, and regulations. Without limiting the foregoing, Submissions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
15. Changes to the Website
Presidio may update the Information on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the Information on the Website may be out of date at any given time, and Presidio is under no obligation to update such Information.
16. Information About You and Your Visits to the Website
All information Presidio collects on the Website is subject to its Privacy Policy. By using the Website, you consent to all actions taken by Presidio with respect to your information in compliance with the Privacy Policy.
17. Contact Presidio
If you need to contact us regarding these Terms of Use, we may be reached by emailing us at [email protected].
18. Miscellaneous
a. This Website is administered by Presidio from its offices in New York, New York. Presidio makes no representation that the Website or any Information in this Website is accessible, appropriate or available for use outside the United States. Access to this Website is prohibited in any territories where the Information on this Website is illegal. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, rules and regulations.
b. You acknowledge and agree that the Terms of Use shall be a contract made in the United States, State of New York. All questions pertaining to the validity, construction, execution and performance of the Terms of Use shall be construed and governed in accordance with the domestic laws of the State of New York (including, without limitation, the UCC), without giving effect to principles of (i) comity of nations or (ii) conflicts of law. The Terms of Use shall not be governed by the provisions of the U.N. Convention on Contracts for the International Sale of Goods. ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THE INFORMATION, THIS WEBSITE OR THESE TERMS OF USE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT, 9 U.S.C SEC. 1 ET SEQ., AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION PROCEEDINGS SHALL BE CONDUCTED IN ENGLISH BEFORE A PANEL OF THREE (3) NEUTRAL ARBITRATORS. THE PLACE OF THE ARBITRATION SHALL BE IN NEW YORK, NEW YORK. ANY AWARD IN AN ARBITRATION INITIATED UNDER THESE TERMS OF USE SHALL BE IN ACCORDANCE WITH NEW YORK LAW AND MAY BE ENTERED INTO A FEDERAL OR STATE COURT LOCATED IN THE UNITED STATES OF AMERICA, STATE OF NEW YORK, COUNTY OF NEW YORK. YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS OF USE DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATORS MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN ANY ARBITRATION INITIATED HEREUNDER, THE ARBITRATORS WILL HAVE NO AUTHORITY TO (I) AWARD TO YOU ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, LOST PROFITS OR PUNITIVE OR OTHER DAMAGES AGAINST PRESIDIO, AND/OR (II) RULE ON THE VALIDITY OR ENFORCEABILITY OF YOUR AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION PROVISIONS OF THIS SECTION 18.B. WILL REMAIN IN FULL FORCE AND EFFECT. NOTWITHSTANDING THE FOREGOING, YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISIONS OF THIS SECTION 18.B. BY SENDING A WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO PRESIDIO AT: ONE PENN PLAZA, SUITE 2501, NEW YORK, NY 10119, ATTENTION: LEGAL DEPARTMENT. THE NOTICE MUST BE POSTMARKED WITHIN 30 DAYS OF THE DATE THAT YOU FIRST AGREED TO THESE TERMS OF USE AND THE ARBITRATION PROVISIONS OF THIS SECTION 18.B. YOUR WRITTEN NOTICE MUST INCLUDE YOUR NAME, MAILING ADDRESS, AND A CLEAR STATEMENT THAT YOU WANT TO OPT OUT OF THE ARBITRATION PROVISIONS OF THIS SECTION 18.B.
c. Subject to the arbitration provisions of section 18.b, any action commenced in court in connection with the Information, this Website or these Terms of Use, shall be brought in a federal or state court located in the United States of America, State of New York, County of New York, and to the extent not otherwise subject to the jurisdiction of such courts, you agree to waive any objection to such jurisdiction and to subject yourself to the jurisdiction of such courts. You further agree that service of process for any such action may be made by certified mail, return receipt requested, or by courier service that regularly maintains records of its pick-ups and deliveries, at your last known address, in addition to any other method of service of process authorized by applicable law.
d. Failure or delay by Presidio to enforce compliance with any term or condition of these Terms of Use shall not constitute a waiver of such term or condition.
e. These Terms of Use and the Presidio Terms constitute and contain the entire agreement between Presidio and you with respect to your access to and use of this Website and its Information and supersedes and replaces all prior agreements, prepared or otherwise, whether written or oral, concerning your access to and use of this Website.
f. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.
