Terms and Conditions

Welcome to the Collobos Software ("Collobos") website (the "Website"). Use of and access to the website is subject to your compliance with the following terms.

Acceptance of Terms

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT, DO NOT USE THIS WEBSITE. By accessing and using this Website you agree to be bound by the terms set forth herein. If you are using the Website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

MODIFICATION OF TERMS OF USE

Collobos reserves the right, at Collobos' sole discretion, to change these Terms of Use at any time with or without notice to you. When Collobos changes any of the provisions herein it will post a revised document in place of this one. The current version of these Terms of Use will always be indicated by the date at the end of this document. It is your responsibility to check these Terms of Use periodically for such changes. Your continued use of this Website following the posting of changes to the Terms of Use will signify your acceptance of those changes.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Without limitation, you may not use the Website in any manner that could damage, disable, overburden, or impair any Collobos server, or the network(s) connected to any Collobos server, or interfere with any other party's use and enjoyment of the Website.

PRIVACY POLICY

Collobos respects your desire for privacy. Collobos' Privacy Policy can be found at www.collobos.com. By using the Website, you are consenting to the terms of our Privacy Policy.

TERMS OF UNSOLICITED IDEA SUBMISSION

You agree that: (1) your ideas will automatically become the property of Collobos Software, Inc., without compensation to you, and (2) Collobos can use the ideas for any purpose and in any way without obtaining your permission.

RESTRICTIONS ON USE OF CONTENT

Except as expressly prohibited on this Website, you are permitted to view, copy, print, and distribute pages within the Website, subject to your agreement that:

  • your use of the information is for informational, personal, and non-commercial purposes only;
  • you will not modify the documents or graphics;
  • you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context;
  • you will display the Collobos copyright notices and other proprietary notices that appear on the Website and posted materials as they appear on every copy you make;
  • you will not remove any copyright notices or substitute any copyright notices that imply that the materials you view, print, copy, or distribute are owned by anyone else; and
  • you agree that Collobos may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Collobos.
  • you may not use Collobos content or services for illegal purposes, or in support of illegal activities
  • you will not interfere with other users' use of the Service.

Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

Permission to use the Website's contents does not include permission to copy the design elements, look and feel, or layout of the Website. Those elements of the Website are protected by United States, international, and foreign laws and may not be copied or imitated in whole or in part. No logo, graphic, or image from the Website may be copied or retransmitted unless expressly permitted by Collobos in writing. Collobos reserved the right to discontinue all services to any party found to be in violation of the Terms and Conditions.

LINKS TO THIRD PARTY WEB SITES

The Website may contain links to third-party sites which are not under the control of Collobos, and Collobos is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Collobos provides those links to you only as a convenience, and the inclusion of any link in the Website does not imply that Collobos endorses or accepts any responsibility for the content on such third-party site.

PURCHASES

PRESTO - When you purchase a paid version of our Presto product, you will receive account and login information during your purchase. We use a third party, Braintree Payment Solutions, to process your payments of this product. Your purchase of our PRESTO product is subject to Braintree's policies available at www.braintreepayments.com.

We also offer our products for sale through Authorized 3rd Party retailers. If you have purchased one of our products through a retailer, your purchase contract is with the retailer and not Collobos.

USE OF COLLOBOS' SOFTWARE PRODUCTS

Your use of any Collobos software product is subject to the terms of the end user license agreement for that product.

DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THIS WEBSITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND COLLOBOS HEREBY DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, COLLOBOS DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall Collobos be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Website or information available from the Website.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Website. The Website may contain technical inaccuracies or typographical errors. Collobos assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the Website.

Collobos may make changes to the Website, information, product offerings, and any other information and materials on the Website at any time and without notice.

INDEMNITY

You agree to indemnify, defend, and hold Collobos and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, including without limitation, any use by your employees, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another.

GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and Collobos regarding your use of the Website, superseding any prior agreements between you and Collobos relating thereto (including, but not limited to, any prior versions of the Terms of Use).

By accessing the Website you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Website. You further agree that any disputes regarding your use of the Website or these Terms of Use shall be resolved in the state or federal courts located in Santa Clara County, California, USA and you agree to the exclusive jurisdiction of those courts.

The failure of Collobos to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last revised: May 8, 2018