Terms
of Use Agreement
Welcome!
These Terms of Use (the
"Agreement") govern your use of the Superagencia.com website (the
"Site"). Your access to, and use of, the Site, and the services,
products and networks found at or related to the Site (referred to
collectively
as the “Service") are subject to these Terms of Use. This is a legal
agreement between you and Superagencia.com and its corporate
affiliates. The
terms "Company", "we," "us", or "our"
shall refer to Superagencia.com and its subsidiaries, affiliates,
sister and
parent companies.
By
using the Site, you signify that
you have read, understand and agree to be bound by the Terms of Use.
The terms
"you," "your" or "User" shall refer to any
individual or entity who accepts the terms and conditions of this
Agreement by
using, viewing, transmitting, caching, storing and/or otherwise
utilizing the
Site, the services or functions offered in or by the Site and/or the
contents
of the Site in any way. By using the Site or the Service, you are
consenting to
have your personal data transferred to and processed in the United
States.
We
may change or modify the Terms of
Use at any time without further notice and such changes or
modifications will
come into effect immediately upon posting to the Site. We will indicate
at the
top of this page the date the Terms of Use was last revised. Your
continued use
of the Service or the Site after any change or modification constitutes
your
acceptance of the new Terms of Use. If you do not agree to abide by
these or
any future versions of the Terms of Use, do not use or access (or
continue to
use or access) the Service or the Site. It is your responsibility to
regularly
check the Site to determine if there have been changes to the Terms of
Use.
PLEASE
READ THE TERMS OF USE
CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL
RIGHTS,
REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
Eligibility
The
Site is available only to Users
that can form legally binding contracts under applicable law. The Site
and the
materials located on or through the Site are provided for informational
purposes only. You agree and acknowledge that we make no representation
or
warranty as to the accuracy of any information on the Site or linked to
the
Site. Any registration by, use of or access to the Site by anyone under
14 is
unauthorized, unlicensed and in violation of these Terms of Use. By
using the
Service or the Site, you represent and warrant that you are 14 years of
age or
older and that you are fully able to enter into and to abide by all of
the
terms and conditions of these Terms of Use. Your membership may be
terminated
and any profiles you have created may be deleted if we believe you are
less
than 14 years of age.
Content
Linked to by Superagencia.com
Superagencia.com
provides
information on, accepts advertising from, and provides links to
third-party
vendors. Offers from these vendors that may be mentioned on the Site or
in the
Publications are often subject to change at any time, and may have many
additional restrictions and limitations. Users of the Site and Service
agree to
confirm all aspects of third-party offers with the offering party, and
to hold
Company harmless for any circumstances that may arise from interactions
with a third
party.
The
Company has no control over, and
assumes no responsibility for, the content, privacy policies, or
practices of
any Third Party Sites and Third Party Content contained on the Site, to
which
the Site is linked, or on which Site Content is posted. A search using
Company
Services may produce search results and links to sites that some people
find
objectionable, inappropriate, or offensive. We cannot guarantee that a
search
will not locate unintended or objectionable content and assume no
responsibility
for the content of any site included in any search results or otherwise
linked
to by Company. By using the Site and Service, you expressly release the
Company
from any and all liability arising from search results or your use of
any Third
Party Sites or Third Party Content. Our terms and policies do not
govern any
Third Party Sites, and we encourage you to review the applicable terms
and
policies of any Third Party Site.
Personal
Use Only
The
Site and Services are made
available for your personal, non-commercial use only. You may not use
Site to
sell a product or service, or to increase traffic to your Web site for
commercial reasons, such as advertising sales. You may not take the
results
from a search and reformat and display them, or mirror the Company home
page or
results pages on your Website. You may not "meta-search" the Site. If
you want to make commercial use of the Services, you must enter into
written
agreement with Superagencia.com to do so in advance. Please contact us
for more
information.
Privacy
Policy
Review
the Superagencia.com Privacy Policy.
User
Conduct; General Practices
You
agree not to use the Service or
the Site to:
You
acknowledge, consent and agree
that the Company may access, preserve and disclose your account
information and
User Content if required to do so by law or in a good faith belief that
such
access, preservation or disclosure is reasonably necessary to: (a)
comply with
legal process; (b) enforce these Terms of Use; (c) respond to your
requests for
customer service; or (d) protect the rights, property or personal
safety of the
Company, its Users and the public. You understand that the technical
processing
and transmission of the Service may involve (a) transmissions over
various
networks; and (b) changes to conform and adapt to technical
requirements of
connecting networks or devices.
You
acknowledge that the Company may
establish general practices and limits concerning use of the Service.
You agree
that the Company has no responsibility or liability for the deletion or
failure
to store any communications or other Content maintained or transmitted
by the
Service. You further acknowledge that the Company reserves the right to
modify
these general practices and limits from time to time. The Company
reserves the
right at any time and from time to time to modify or discontinue,
temporarily
or permanently, the Service (or any part thereof) with or without
notice. You
agree that the Company shall not be liable to you or to any third party
for any
modification, suspension or discontinuance of the Service.
Intellectual
Property
All
content on the Site and
available through the Service, including but not limited to designs,
text,
graphics, pictures, video, information, applications, software, music,
sound,
and other files, and their selection and arrangement together with the
trademarks,
service marks and logos contained therein (the “Site Content”), is
owned by or
licensed to the Company, with all rights reserved and subject to and
protected
by copyright and other intellectual property rights under law. No Site
Content
may be modified, copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any form or by
any
means, in whole or in part, without the Company's prior written
permission. You
are granted a limited, revocable, nontransferable license to access and
use the
Site and the Site Content and to download or print a copy of any
portion of the
Site Content (excluding any software code) to which you have properly
gained
access solely for your personal, non-commercial use, provided that you
keep all
copyright or other proprietary notices intact. This license is subject
to the
Terms of Use, revocable at any time without notice or cause, and does
not
include use of any data mining, robots or similar data gathering or
extraction methods.
You may not otherwise copy, reproduce, republish, upload, post,
transmit,
distribute the Site or Site Content or otherwise use any Site Content
on any
Internet, Intranet or Extranet site or incorporate the information in
any other
database or compilation. Any use of the Site or the Site Content other
than as
specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will terminate the rights and
licenses
granted herein. Such unauthorized use may also violate applicable laws
including without limitation copyright and trademark laws and
applicable
communications regulations and statutes. Unless explicitly stated
herein,
nothing in the Terms of Use shall be construed as conferring any
license to
intellectual property rights.
Superagencia.com
and other Company
graphics, logos, designs, page headers, button icons, scripts and
service names
are the trademarks or trade dress of Company in the U.S. and/or other
countries. Company's trademarks and trade dress may not be used,
including as
part of trademarks and/or as part of domain names, in connection with
any
product or service in any manner that is likely to cause confusion and
may not
be copied, imitated, or used, in whole or in part, without the
Company’s prior written
permission.
Representations
and Warranties
Superagencia.com
represents and
warrants that it has full power and authority to enter into this
Agreement.
YOU
AGREE THAT YOU USE THE SITE AT
YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE
PROVIDED
"AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR
STATUTORY.
WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS
REGARDING THE
ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES,
CONTENT OR
MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN,
ACCURACY,
CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS,
AVAILABILITY,
COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. WE DO
NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR
FUNCTIONS
CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES,
CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES,
CONTENT
AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR ARE
ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS,
FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR
CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU WILL BE SOLELY RESPONSIBLE FOR
YOUR
USE OF THE SITE AND SERVICES AND ANY DAMAGES TO YOUR COMPUTER SYSTEM,
LOSS OF
DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Limitation
of Liability
UNDER
NO CIRCUMSTANCES SHALL COMPANY
OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE
DAMAGES,
INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE
OR IN
PART FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES
OR
FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO
ACCESS,
THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR
MATERIALS
IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE
SERVICES, OR
INFORMATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN
ADDITION, WE
HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. IN NO EVENT
SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR
OTHERWISE)
EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH THE
SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE
SITE
AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
ELECTRONIC
COMMUNICATIONS PRIVACY
ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF
CONFIDENTIALITY OR
PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR
ANY WEB
SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE
INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION
INFORMATION,
DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION,
OR ANY
OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR
OTHERWISE
CONNECTED WITH YOUR USE OF THE SITE.
NO
ORAL ADVICE OR WRITTEN
CORRESPONDENCE OR INFORMATION PROVIDED BY US OR OUR AFFILIATES WILL
CREATE A WARRANTY
OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR
ADVICE. WE
RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT
NOTICE, TO
CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY
ACCESS
TO THE SITE TO ANYONE AT ANY TIME. YOU AGREE AND ACKNOWLEDGE THAT WE
SHALL NOT
HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION
PROVIDED ON
THE SITE.
Indemnity
User
shall indemnify, defend, and
hold harmless Company, and each of its affiliates and their respective
officers, directors, shareholders, employees, agents, contractors,
partners,
and representatives (collectively, the "Indemnitees"), from and
against any and all liability, demands, claims, losses, damages,
recoveries,
settlements, costs and expenses (including interest, penalties,
attorney fees,
accounting fees, and expert witness fees) ("Losses"), known or
unknown, contingent or otherwise, directly or indirectly arising from
or
related to this Agreement, your use of the Services or the Site, your
conduct
in connection with the Services or the Site or with other Users of the
Services
or the Site, any Third Party Content you post or share on or through
the Site,
or any violation of these Terms of Use or of any law or the rights of
any third
party.
Submissions
You
acknowledge and agree that any
questions, comments, suggestions, ideas, feedback or other information
about
the Site or the Service ("Submissions"), provided by you to Company
are non-confidential and shall become the sole property of Company.
Company
shall own exclusive rights, including all intellectual property rights,
and
shall be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without
acknowledgment or
compensation to you.
Governing
Law; Venue and Jurisdiction
The
laws of the State of California,
without regard to principles of conflict of laws, will govern these
Terms of
Use and any dispute of any sort that might arise between you and the
Company or
any of our affiliates. You agree not to commence or prosecute any
action in
connection therewith other than in the state and federal courts located
in Los
Angeles, California, and you hereby consent to, and waive all defenses
of lack
of personal jurisdiction and forum non conveniens with respect to,
venue and
jurisdiction in the state and federal courts of Los Angeles,
California. YOU
AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE
SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous
Provisions
User
may not assign any of its
rights or delegate any of its duties under this Agreement without our
prior
written consent. Despite such consent, no assignment shall release the
assignor
of any its obligations or alter any of its primary obligations to be
performed
under the Agreement. This Agreement is made solely for the benefit of
the
parties to this Agreement and their respective successors and
assignees, and no
other person or entity shall have or acquire any right by virtue of
this
Agreement. User is an independent contractor and in no way and under no
circumstances that User should look to us for compensation and benefits
as an
employee. If any party fails to perform its obligations because of
strikes,
lockouts, labor disputes, embargoes, acts of God, inability to obtain
labor or
materials or reasonable substitutes for labor or materials,
governmental
restrictions, government regulations, governmental controls, judicial
orders,
enemy or hostile governmental action, civil commotion, fire or other
casualty,
or other causes beyond the reasonable control of the party obligated to
perform, then that party's performance shall be excused. No party has
been
induced to enter into this Agreement by, nor is any party relying on,
any
representation or warranty outside those expressly set forth in this
Agreement.
If a court or an arbitrator of competent jurisdiction holds any
provision of
this Agreement to be illegal, unenforceable, or invalid in whole or in
part for
any reason, the validity and enforceability of the remaining
provisions, or
portions of them, will not be affected. No waiver of a breach, failure
of any
condition, or any right or remedy contained in or granted by the
provisions of
this Agreement shall be effective unless it is in writing and signed by
the
party waiving the breach, failure, right, or remedy. No waiver of any
breach,
failure, right, or remedy shall be deemed a waiver of any other breach,
failure,
right, or remedy, whether or not similar, nor shall any waiver
constitute a
continuing waiver unless the writing so specifies. The headings in this
Agreement are included for convenience only and shall neither affect
the
construction or interpretation of any provision in this Agreement nor
affect
any of the rights or obligations of the parties under this Agreement.
This
Agreement constitutes the final, complete, and exclusive statement of
the terms
of this Agreement between the parties and supersedes all prior and
contemporaneous understandings or agreements of the parties.
Copyright
Policy
The
Company respects the
intellectual property of others, and we ask our Users to do the same.
It is our
policy to respond to clear notices of alleged copyright infringement.
In
accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, the Company has adopted a policy of terminating, in
appropriate
circumstances and at Company's sole discretion, Users who are deemed to
be
repeat infringers. The Company may also at its sole discretion limit
access to
the Site and/or terminate the memberships of any Users who infringe any
intellectual property rights of others, whether or not there is any
repeat
infringement. If we remove or disable access in response to such a
notice, we
will make a good-faith attempt to contact the owner or administrator of
the
affected site or content so that they may make a counter notification.
If
you believe that your work has
been copied in a way that constitutes copyright infringement, or that
your
intellectual property rights have been otherwise violated, please file
a notice
of infringement with the Company’s copyright agent containing the
information
specified below. Please note that you may be liable for damages
(including
costs and attorneys' fees) if you materially misrepresent that a
product or
activity is infringing your copyrights.
The
Company’s agent for notice of
claims of copyright or other intellectual property infringement can be
reached
as follows:
By
mail
Superagencia.com
924 Bergen Ave.
PMB 126
Jersey City, NJ 07306
By
email
copyright@Superagencia.com
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Superagencia.com, Inc. - All Rights Reserved