Welcome to Accelar dba Pronto ("Pronto"). By accessing or using our website
(the 'Site'), our mobile applications and associated services (collectively, the
'Services'), you agree to be bound by the Pronto User Agreement ("Agreement").
Our User Privacy Notice
and all other policies applicable to your use of the Site are incorporated by reference
into this Agreement (collectively, the "Additional Policies"). We may periodically
make changes to this Agreement (indicated by the date above), which will be posted
on the Site and become effective fifteen (15) days following posting for current
users, or immediately for new users. Your continued use of the Site indicates your
acceptance of the changes to the Agreement. Changes to the Additional Policies,
except the User Privacy Notice, may be made from time to time without notice and
your continued use of the Site or Service constitutes your acceptance of the modified
terms of the Additional Policies.
Please be advised: Section 7 of this Agreement contains an Agreement to Arbitrate,
which will, with limited exceptions, require you to submit claims you have against
us to binding and final arbitration, unless you opt-out. Unless you opt out: (1)
you will only be permitted to pursue claims against Pronto on an individual basis,
not as a plaintiff or class member in any class or representative action or proceeding,
and (2) you will only be permitted to seek relief (including monetary, injunctive,
and declaratory relief) on an individual basis.
1. Using Pronto
Pronto is an online booking website or portal that allows users to buy ("Buyers")
tickets, related passes and merchandise or other goods (collectively, the "tickets")
You must create an account to purchase tickets and you must have a valid credit
card or debit card on file. Pronto also accepts payment via PayPal. You acknowledge
that Pronto may charge any one of your payment methods on file for amounts you owe
us, costs we incur or other losses arising out of your violation of this Agreement
(including the Additional Policies).
We may charge service, shipping, delivery, fulfillment or other fees for using our
Services (collectively referred to as 'Fees'). Pronto reserves the right in its
sole discretion to change Fees at any time as it deems appropriate.
In addition, we may collect amounts owed using a collection agency or other collection
mechanism and you may be charged fees associated with collecting the delinquent
payments. Pronto, or the collection agency it retains, may also report information
about your account to credit bureaus, and as a result, defaults in your account
may be reflected in your credit report. If you wish to dispute the information Pronto
reported to a credit bureau, contact Pronto. If you wish to dispute the information
a collection agency reported, contact the collection agency directly.
Site Changes and Availability.
Pronto reserves the right at any time to modify or discontinue, temporarily or permanently,
the Site, the Services, or any part of the Site or Services with or without notice
for any reason. Pronto performs regularly scheduled maintenance. While we do our
best to avoid customer impact, the Site or our Services may be temporarily unavailable
during maintenance periods.
You are responsible for reading the complete listing before making a commitment
to buy tickets. When placing an order, you are entering into abinding contract
with Pronto to purchase those tickets. Payment is remitted to Pronto according to
our payment policy. All Sales are Final, Non-Refundable, and Non-Transferable.
Except for cancelled events, you will not receive a refund for completed purchases.
You cannot change or cancel any orders after the sale is complete.
Event Cancellations, Postponement and other Event Changes.
Cancellation : If an event is cancelled or a contingent event (e.g.
playoff game) does not occur, we will remove the relevant listings and email you
about the cancellation. The Buyer will receive a full refund.
Postponement : If an event is postponed and rescheduled, Pronto
will work with Buyers on a case-by-case basis attempting to resolve any ticket issues.
Refunds will not be issued for postponed events (unless they are ultimately cancelled).
Other changes: Pronto is not responsible for partial performances,
or venue, line-up, date, or time changes. No refunds will be issued in these instances.
International Transactions and use of Pronto mobile applications.
Your Pronto account can also be used to access or transact on other international
Pronto websites or Pronto mobile applications, subject to the applicable User Agreement
and User Privacy Notice, which may differ from this Agreement.
2. Abusing Pronto
When using the Site or the Services, you agree that you will not
do any of the following:
- Contact or invite contact with other Pronto users for any reason other than the
purpose for which you received the Pronto user's contact information or solicit
sales outside of Pronto;
- Violate any venue or event promoter rules at events or violate any applicable third
party terms of service (for instance, when using our mobile applications);
- Use our Services if you are not able to form legally binding contracts (for example
if you are under 18);
- Use the Site or the Services for unlawful purposes or in an unlawful manner;
- Use Pronto's trademarks without our written permission;
- Copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt
to derive source code from, create derivative works from, distribute, or publicly
display any content (except for your information) or software from our Site or Services
without the prior express written permission of Pronto and the appropriate third
party, as applicable;
- Commercialize any Pronto application or any information or software associated with
- Export or re-export any Pronto application or tool except in compliance with the
export control laws of any relevant jurisdiction and in accordance with posted rules
- Use any robot, spider, scraper, or other automated means to access our Site for
any purpose without our express written permission;
- Take any action that imposes or may impose (to be determined in our sole discretion)
an unreasonable or disproportionately large load on our infrastructure or otherwise
interferes with the functioning of the Site;
- Bypass our robot exclusion headers, robots.txt rules or any other measures we may
use to prevent or restrict access to our Site or Services; or
- Do anything else that Pronto determines, in its sole discretion, misuses the Site
or Services or otherwise negatively impacts our marketplace
3. User Content and Ideas.
You own and are solely responsible for any content including images, text, audio
or other materials that you submit ('User Content').
By submitting User Content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers)
right and license to use, reproduce, distribute, create derivative works from, publicly
perform, display, store, or publish in any way, in any media known now or in the
future. You grant Pronto the right to use your name or image in association with
your User Content, if we so choose.
You represent and warrant that the User Content: (a) is owned by you or you control
all necessary rights to it; (b) does not violate, misappropriate or infringe on
the rights of any third party including intellectual property rights, privacy rights
or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory;
and (d) will not cause injury to any person, entity or system. You will indemnify
Pronto for any and all claims resulting from your User Content.
Pronto has the right but not the obligation to monitor, edit or remove your User
Content. The User Content is non-confidential and Pronto will not be liable for
its use or disclosure.
If you submit ideas, suggestions, documents, and/or proposals ('Ideas') to Pronto,
you do so voluntarily and with no expectation of confidentiality. By submitting
Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in
any media now known or in the future and throughout the universe without any obligation
or payment. You understand that Pronto may have something similar to the Ideas under
consideration or in development.
4. Protecting Intellectual Property Rights
Pronto respects intellectual property rights. If you have a good faith belief that
your copyright, trademark or other intellectual property is being infringed, complete
a notice of infringement.
If you have a good faith belief that your content was mistakenly removed, complete
a counter notice.
If you repeatedly infringe other people's intellectual property rights, we will
terminate your account when appropriate.
If we believe you are abusing Pronto in any way (including, by way of example only,
suspected violations of the User Agreement or applicable law, and actions that fail
to comply with the letter or spirit of our policies (e.g., by deliberately exploiting
any policy loopholes)), we may investigate and you are obligated to cooperate. We
may take any action that we deem appropriate in our sole discretion for such abuse.
These actions may include, but are not limited to: temporarily or permanently suspending
you from using or accessing the Site or Services, or charging the payment method
on file for amounts you owe us or costs we incur due to your misconduct (including,
without limitation, any costs associated with collection of delinquent accounts
or charge-backs and any replacement costs). We reserve the right to report any activity
that we believe to be illegal and we will respond to all inquiries initiated by
governmental agencies or as otherwise legally required. In addition, we reserve
the right to refuse or terminate our Services to anyone for any reason at our discretion.
6. Privacy and Communications
All communications between you and Pronto (including our service providers, our
parent company, Accelar, Inc.) are subject to our
User Privacy Notice.
You consent to receive calls, including autodialed or prerecorded calls, and text
messages from Pronto at any telephone number that you have provided us or we have
otherwise obtained. We may place such calls and texts to (i) notify you regarding
your account; (ii) provide customer support; (iii) collect a debt; (iv) resolve
a dispute; (v) poll your opinions through surveys or questionnaires; (vi) contact
you with marketing or promotional material; or (vii) as otherwise necessary to service
your account, provide the Services, applications or tools, or enforce this User
Agreement, our policies, applicable law, or any other agreement we may have with
you. Standard rates may apply.
We may share your telephone numbers with our service providers (such as billing
or collections companies) who we have contracted with to assist us in pursuing our
rights or performing our obligations under the User Agreement, our policies, applicable
law, or any other agreement we may have with you. You agree these service providers
may also contact you using autodialed or prerecorded calls and text messages, as
authorized by us to carry out the purposes we have identified above, and not for
their own purposes.
In addition, you understand and agree that we may, without further notice or warning
and in our discretion, monitor or record telephone conversations you or anyone acting
on your behalf has with us or our agents for quality control and training purposes
or for our own protection. Not all telephone lines or calls may be recorded by Pronto
so we do not guarantee that recordings of any particular telephone calls will be
retained or retrievable.
If Pronto provides you with information about another user, you agree you will use
the information only for the purposes it is provided to you. You may not disclose,
sell, rent, or distribute a user's information to a third party for purposes unrelated
to the Services. You may not distribute or post spam, unsolicited or bulk electronic
communications, chain letters or pyramid schemes. Additionally, you may not use
information for marketing purposes, via electronic or other means, unless you obtain
the consent of the specific user to do so.
7. Agreement to Arbitrate Legal Disputes with Pronto
You and Pronto each agree that any and all disputes or claims that have arisen
or may arise between you and Pronto relating in any way to or arising out of this
or previous versions of the User Agreement, your use of or access to Pronto's Site
or Services, or any tickets or related passes sold or purchased through Pronto's
Site or Services shall be resolved exclusively through final and binding arbitration,
rather than in court, except that you may assert claims in small claims court, if
your claims qualify and so long as the matter remains in such court and advances
only on an individual (non-class, non-representative) basis. The Federal
Arbitration Act governs the interpretation and enforcement of this Agreement to
(a) Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PRONTO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY
ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PRONTO AGREE OTHERWISE,
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS,
AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR
CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE,
AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND
ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL
CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PRONTO USERS.
(b) Arbitration Procedures
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, and court review of an arbitration award is very limited.
However, an arbitrator can award the same damages and relief on an individual basis
that a court can award to an individual; and an arbitrator must also follow the
terms of the User Agreement, as a court would.
All issues are for the arbitrator to decide, except that issues relating to arbitrability,
the scope or enforceability of this Agreement to Arbitrate, or the interpretation
of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative
Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction
The arbitrator, and not any federal, state, or local court or agency, shall have
exclusive authority to resolve any dispute arising out of or relating to the interpretation,
applicability, enforceability or formation of this Agreement to Arbitrate, any part
of it, or of the User Agreement including, but not limited to, any claim that all
or any part of this Agreement to Arbitrate or the User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ('AAA')
under its rules and procedures, including the AAA's Supplementary Procedures for
Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate.
The AAA's rules are available at www.adr.org
or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by certified
mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice. A Notice to Pronto should be sent to eBay Inc.,
Attn: Litigation Department, Re: Pronto Notice of Dispute, 583 W. eBay Way, Draper,
UT 84020. Pronto will send any Notice to you to the physical address we have on
file associated with your Pronto account; it is your responsibility to keep your
physical address up to date. All information called for in the Notice must be provided,
including a description of the nature and basis of the claims the party is asserting
and the relief sought.
If you and Pronto are unable to resolve the claims described in the Notice within
30 days after the Notice is sent, you or Pronto may initiate arbitration proceedings.
A form for initiating arbitration proceedings is available on the AAA's website
at www.adr.org. In addition to
filing this form with the AAA in accordance with its rules and procedures, the party
initiating the arbitration must mail a copy of the completed form to the opposing
party. You may send a copy to Pronto at the following address: Pronto c/o National
Registered Agents, Inc., 2875 Michelle Dr., Ste. 100, Irvine, CA 92606. In the event
Pronto initiates arbitration against you, it will send a copy of the completed form
to the physical address we have on file associated with your Pronto account. Any
settlement offer made by you or Pronto shall not be disclosed to the arbitrator.
The arbitration shall be held in the county in which you reside or at another mutually
agreed location. If the value of the relief sought is $10,000 or less, you or Pronto
may elect to have the arbitration conducted by telephone or based solely on written
submissions, which election shall be binding on you and Pronto subject to the arbitrator's
discretion to require an in-person hearing, if the circumstances warrant. In cases
where an in-person hearing is held, you and/or Pronto may attend by telephone, unless
the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws
of the State of California, including recognized principles of equity, and will
honor all claims of privilege recognized by law. The arbitrator shall not be bound
by rulings in prior arbitrations involving different Pronto users, but is bound
by rulings in prior arbitrations involving the same Pronto user to the extent required
by applicable law. The arbitrator's award shall be final and binding, and judgment
on the award rendered by the arbitrator may be entered in any court having jurisdiction
(c) Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the
AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value
of the relief sought is $10,000 or less, at your request, Pronto will pay all filing,
administration, and arbitrator fees associated with the arbitration. Any request
for payment of fees by Pronto should be submitted by mail to the AAA along with
your Demand for Arbitration and Pronto will make arrangements to pay all necessary
fees directly to the AAA. If the value of the relief sought is more than $10,000
and you are able to demonstrate that the costs of accessing arbitration will be
prohibitive as compared to the costs of accessing a court for purposes of pursuing
litigation on an individual basis, Pronto will pay as much of the filing, administration,
and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing
arbitration from being prohibitive. In the event the arbitrator determines the claim(s)
you assert in the arbitration to be frivolous, you agree to reimburse Pronto for
all fees associated with the arbitration paid by Pronto on your behalf that you
otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in subsection (a) of this Agreement
to Arbitrate ('Prohibition of Class and Representative Actions and Non-Individualized
Relief'), if an arbitrator or court decides that any part of this Agreement to Arbitrate
is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall
still apply. If an arbitrator or court decides that any of the provisions in subsection
(a) of this Agreement to Arbitrate ('Prohibition of Class and Representative Actions
and Non-Individualized Relief') is invalid or unenforceable, then the entirety of
this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement
will continue to apply.
(e) Opt-Out Procedure
You can choose to reject this Agreement to Arbitrate ('opt out') by mailing
us a written opt-out notice ('Opt-Out Notice'). The Opt-Out Notice must be postmarked
no later than 30 days after the date you accept the User Agreement for the first
time. You must mail the Opt-Out Notice to Accelar, Attn: Litigation Department,
440 N. Wolfe Road, Sunnyvale, CA 94085.
For your convenience, we are providing an Opt-Out Notice form you must complete
and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out
Notice form by providing the information called for in the form, including your
name, address (including street number and address, city, state, and zip code),
phone number and the email address(es) used to log in to the Pronto account(s) to
which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.
This procedure is the only way you can opt out of the Agreement to Arbitrate. If
you opt out of the Agreement to Arbitrate, all other parts of the User Agreement
will continue to apply. Opting out of this Agreement to Arbitrate has no effect
on any previous, other, or future arbitration agreements that you may have with
(f) Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we
agree that if we make any amendment to this Agreement to Arbitrate (other than a
change to any notice address or website link provided herein) in the future, that
amendment shall not apply to any claim that was filed in a legal proceeding between
you and Pronto prior to the effective date of the change. The amendment shall apply
to all other disputes or claims governed by the Agreement to Arbitrate that have
arisen or may arise between you and Pronto. We will notify you of amendments to
this Agreement to Arbitrate by posting the amended terms on
http://www.Pronto.com at least thirty (30) days before the effective date
of the amendments and by sending notice via email to your email address on file
with us. If you do not agree to the amended terms, you may close your account within
the thirty (30) day period and you will not be bound by the amended terms.
8. Applicable Law
Except as otherwise stated, the Agreement shall be governed by the laws of the State
9. Disclaimer of Warranties; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF PRONTO'S SITE AND SERVICES ON
AN 'AS IS' AND 'AS AVAILABLE' BASIS. PRONTO MAKES NO WARRANTY WITH RESPECT TO ITS
SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS
OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRONTO (INCLUSIVE OF ANY OF
ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS,
OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF,
OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS
SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES,
OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD
PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS YOU LIST APPEAR ON THE
SITE OR SERVICES;
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES,
SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY
IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE
TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE
TO THE LIABILITY, OR (B) $50.
10. Release and Covenant Not to Sue
To the fullest extent permitted by law, you release and covenant not to sue Pronto,
its affiliated companies, and our and their respective officers, directors, agents,
joint venturers, employees, legal representatives, and suppliers from any and all
claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with disputes between users. In entering into this
release you expressly waive any protections (whether statutory or otherwise - e.g.,
California Civil Code § 1542) that would otherwise limit the coverage of this release
to include only those claims, which you may know or suspect to exist in your favor
at the time of agreeing to this release.
You agree to indemnify and hold Pronto and (if applicable) Pronto's parent, subsidiaries,
affiliates, and our and their respective officers, directors, attorneys, agents,
employees, licensors and suppliers (the 'Pronto Indemnitees') harmless against any
claim or demand and all liabilities, costs and expenses (including reasonable attorneys'
fees) incurred by Pronto and (if applicable) any Pronto Indemnitee resulting from
or arising out of your breach of this User Agreement, your improper use of Pronto's
Site or Services, and/or your violation of any law or the rights of a third party.
12. General Provisions
This Agreement, together with all additional policies referenced above constitutes
the entire agreement between you and Pronto relating to your use of our Site or
Services. You consent to receive notice by email to the address provided at registration.
To the extent this Agreement conflicts with the Top Seller Handbook, the Top Seller
Handbook governs. No amendment, modification or supplement of any provision of this
Agreement will be effective unless in writing. If any provision of this Agreement
is held to be invalid or unenforceable under any circumstances, its application
in any other circumstances and the remaining provisions of this Agreement shall
not be affected. Pronto may assign or transfer this Agreement at any time. You may
not assign or transfer this Agreement, or any of its rights or obligations, without
the prior written consent of Pronto, which we can refuse in our sole discretion.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee
relationship is intended or created by this Agreement, your use of the Site, or
the provision of our Services. This Agreement is for your benefit only, not for
the benefit of any third party except for Pronto's permitted successors and assigns.
The following Sections survive any termination of this Agreement: Fees, Taxes, Abusing
Pronto, User Content and Ideas, Consequences, Agreement to Arbitrate Disputes with
Pronto, Limitation of Liability, and Indemnification.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you
may report complaints to the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by contacting them in
writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
TO REPORT INFRINGEMENT OF YOUR INTELLECTUAL PROPERTY
If you have a good faith belief that your intellectual property rights have been
violated, you can submit a Notice of Claimed Infringement to Pronto's designated
agent with the following information:
1. The physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
2. Identification or description of the copyrighted work or other intellectual property
you claim has been infringed. If you are asserting infringement of an intellectual
property right other than copyright, please specify the right at issue (for example,
trademark or patent);
3. Identification or description of where the material that you claim is infringing
is located on Pronto, with enough detail that we may find it on the Site including,
whenever possible, the URL;
4. Brief description of how the challenged content infringes the owner's intellectual
5. Your address, telephone number, and email address;
6. A statement by you that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright or intellectual property
owner, its agent, or the law; and
7. A statement, under penalty of perjury, that the information in the notification
is accurate and that you are the copyright or intellectual property owner or authorized
to act on the owner's behalf.
TO CHALLENGE A DMCA TAKEDOWN
DMCA Counter-Notice. If you believe that your User Content that was removed (or
to which access was disabled) is not infringing, or that you have the authorization
from the copyright owner, the copyright owner's agent, or pursuant to the law, to
post and use the material in your User Content, you may send a counter-notice containing
the following information to the Designated Agent at the address(es) listed above:
1. Your physical or electronic signature;
2. Identification of the User Content that has been removed or to which access has
been disabled and the location at which the User Content appeared before it was
removed or disabled;
3. A statement that you have a good faith belief that the User Content was removed
or disabled as a result of mistake or a misidentification; and
4. Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in San Francisco, California, and
a statement that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by Pronto's Designated Agent, Pronto may send a
copy of the counter-notice to the original complaining party informing that person
that it may replace the removed User Content or cease disabling it in ten (10) business
days. Unless the copyright owner files an action seeking a court order against the
User Content provider, member or user, the removed User Content may be replaced,
or access to it restored, in ten (10) to fourteen (14) business days or more after
receipt of the counter-notice, at Pronto's sole discretion.