Terms and conditions
Welcome to www.MasValeSaber.com (the "Website").
Please read these Terms and Conditions carefully before using our Website and the services, features or content offered (the “Services”) by Más Vale Saber, Inc.
By registering and/or using the Services in any manner, including but not limited to visiting or browsing the Website, you agree to this User Agreement and all other operating rules, policies and procedures that may be posted on the Website by us from time to time, each of which are incorporated by reference and may be updated from time to time without notice.
Some of the Services may be subject to additional terms and conditions, specified by us, from time to time; use of such services is subject to the additional terms and conditions that are incorporated into this User Agreement by this reference.
This User Agreement applies to all users of the services, including but not limited to users who contribute content, information and other materials or services, whether registered or not.
Regarding Notice of Arbitration and Waiver of Class Action: Except for certain types of disputes described in the arbitration section (below), you agree that disputes between you and us shall be resolved by individually binding arbitration, as well as by waiving your right to participate in a class action or class-wide arbitration.This article mentions your favorite hats at super low prices. Choose from same-day delivery, drive-up delivery or order pickup.
It is understood that you represent and warrant that you are at least 18 years of age. If you are under 18, you may not, under any circumstances or for any reason, use the services. We may, in our sole discretion, refuse to offer the services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that this User Agreement follows all laws, rules, and regulations applicable to you. Further, your right to access the services will be revoked where this User Agreement or use of the services is prohibited or where the offering, sale or provision of the services would conflict with any applicable law, rule or regulation. In addition, the services are provided only for your use, and not for the use or benefit of any third party.
You can register for an “Account” to access the Services or log in using your Facebook login information. You do not need to register for an Account to use certain parts of the Services. . You must provide accurate and complete information and keep your Account information up to date. You may not: (i) select or use as a user name the name of another person with the intent to impersonate that person; (ii) use as a user name a name that is subject to any right of a person other than yourself without proper authorization; or (iii) use as a user name a name that is offensive, vulgar or obscene. You are solely responsible for your Account activity and for keeping your password secure. You may never use another person’s user account or registration information to access the Services without permission. You must immediately notify us of any change in your eligibility to use the Services (including any change or revocation of any license from state authorities), security breach, or unauthorized use of your Account. You must never post, distribute or share login information for your Account. You will have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
By using the Services through Facebook, you allow us to access certain information in your Facebook profile for use on the Services. You can control the amount of information that is accessible to us by adjusting your Facebook account privacy settings. By using the Services, you authorize us to collect, store, retain and use indefinitely, in accordance with our Privacy Policy at www.masvalesaber.com/terminos-de-uso/#politica-de-privacidad, any and all information that you have allowed Facebook to provide to us.
Content
For purposes of this User Agreement, the term “Content” includes, without limitation: information, data, text, photographs, videos, audio clips, written publications, articles, comments, software, scripts, graphics, and interactive features generated by or accessible from the Services. For purposes of this Agreement, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, posted, distributed or submitted to the Services by users (collectively “User Content”), whether publicly or privately transmitted, is the sole responsibility of the person from whom such User Content originated. The author represents that all User Content provided is accurate, complete, current and in compliance with all applicable laws, rules and regulations. Conversely, you acknowledge that all Content, including User Content, that you access through the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
We do not guarantee that any Content you access through the Services is or will remain accurate.
The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You must comply with and maintain all copyright notices, information and restrictions contained in any Content posted on the Services.
Subject to this User Agreement, we grant each user of the Services a worldwide, non-exclusive, unlicensed and non-transferable license to use (i.e., to download and display locally) the Content, to the extent that we own such rights, for the purpose of the Terms and Uses of the Services described herein. The use, reproduction, modification, distribution or storage of any Content for purposes other than use of the Services is expressly prohibited without our prior written permission. You may not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates the rights of others.
By submitting User Content, through the Services, you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, licensed and transferable license to use, edit, modify, shorten, add to, reproduce, repair derivative works from, display, perform and otherwise exploit User Content relating to the Website, the Services and our business (and that of our successors and permitted assigns), including, without limitation, to promote and redistribute part or all of the Website or the Services (and derivative works thereof) in any media format and through any media channels (including, without limitation, third party websites and feeds) and including after termination of your Account or the Services.
For clarification, the foregoing license includes our right to distribute, display, perform and otherwise use User Content in connection with material provided by our sponsors; therefore, there shall be no right to any compensation for such use. To the extent that any User Content you submit includes your name, image, voice or photograph, you acknowledge and agree that the foregoing license in this Section 4(e) shall apply to it. In addition, you also grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services solely for that user’s personal use of such User Content, your Account or the Services. For clarity, the above licenses granted to us and our users do not affect any other proprietary rights or licenses in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed to in writing. You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party’s rights, including, without limitation, rights of privacy, rights of publicity, copyrights, trademarks, contractual rights or any other intellectual property or proprietary rights.
Unless agreed to in writing by you and Más Vale Saber, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the Content.
We do not guarantee that any Content will be available on the Website or through the Services. We reserve the right to: (i) remove, edit, modify or manipulate any Content in our sole discretion, at any time, without notice and for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that it may have violated this User Agreement), or for no reason at all and (ii) remove or block any Content from the Services.
We participate in affiliate marketing; therefore, we may allow our affiliates’ links to be encoded on some of our pages. This means that we can earn a commission if you click or buy through affiliate links.
As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all your activity related to the Services.
You shall not (and shall not allow any third party to) either: (a) take any action or (b) upload, download, post, send or otherwise distribute or facilitate the distribution of any Content on or through the Services, including, without limitation, any User Content, that
Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contractual right (see our Copyright Policy (PDA) here www.masvalesaber.com/terminos-de-uso/#politica-de-derechos-de-autor)
You know that it is false, misleading or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, fraudulent, invasive of another’s privacy, offensive, vulgar, pornographic, profane, contains or depicts nudity, contains or depicts sexual activity, or is inappropriate, unless determined by us in our sole discretion;
Constitutes unauthorized or unsolicited advertising, junk mail, or spam;
Contains software viruses or any other computer code, files or programs designed to interrupt, damage, limit or interfere with the proper working of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or any third party;
impersonate any person or entity, including any of our employees or representatives; or
Includes identification documents of any person or confidential financial information. You shall not: (i) take any action that imposes or may impose (unless determined by us in our discretion) an unreasonable or disproportionately large load on our infrastructure (or that of our third party providers); (ii) interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services; (iii) attempt to circumvent or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) execute any form of automatic response or “spam” on the Services; (v) use software, devices or other manual or automated processes to “crawl” or “spider” over any portion of the Website; (vi) seed or scan any Content on the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You must not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code, underlying ideas or algorithms from any part of the Services; (ii) modify, translate or create derivative works from any part of the Services; or (iii) copy, rent, lease, distribute or otherwise transfer any of the rights received hereunder. You must comply with all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve and disclose any information that we reasonably believe is necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce this User Agreement, including investigation of: (iii) detect, prevent or otherwise resolve fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
The Services may allow you to link to other websites, services or resources on the Internet, including but not limited to our sponsors and Facebook. Conversely, other websites, services or resources may contain links to our Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of such a link does not imply endorsement by us of the site or any association with its operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
We may terminate your access to all or part of the Services at any time, with or without cause, with or without notice and with immediate effect, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to close your Account, you may do so by following the instructions on the Website or through the Services. All provisions of this User Agreement shall survive termination of this User Agreement including, without limitation, User Content licenses, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
We have no special relationship or fiduciary duty to you. You acknowledge that we have no duty to take any action with respect to
Which users are granted access to the Services.
Which Content you access through the Services.
How you may interpret or use the Content.
You release us from any liability for your purchase or failure to purchase Content through the Services. We do not make any representations regarding any Content or access through the Services, and we are not responsible for the accuracy, copyright compliance or legality of any material or Content found or accessed through the Services.
The Services and Content are provided “as is”, “as available” and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any implied warranties of any course of performance or usage of trade, all of which are expressly disclaimed. We and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the Services are secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available on or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements. Use of the Services is solely at Your own risk.
Compensation
You will defend, indemnify and hold us and our affiliates and each of our employees, contractors, directors, suppliers and representatives harmless from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising out of or relating to your use or misuse of access to the Services, Content or User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity on the Services, of any intellectual property or other rights of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In no event shall we or our directors, employees, agents, partners, suppliers or content providers be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Services: (i) for any monetary loss, loss of data, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind, substitute goods or services (regardless of origin); (ii) for any errors, “trojan horses,” or the like (regardless of origin); or (iii) for any direct damages in excess of (in the aggregate) $500.00 (USD).
Arbitration Clause & Class Action Waiver (Important. Please Read Now That It Affects Your Legal Rights)
You agree that all disputes between you and us (whether or not such dispute involves a third party) regarding your relationship with us, including, without limitation, disputes relating to this User Agreement, your use of the Services and/or the Privacy and/or Publicity Rights, shall be resolved by individually binding arbitration under the rules of the American Arbitration Association. For arbitration of consumer-related disputes, you and we hereby expressly waive a jury trial. Discovery and appeal rights in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. Alternatively, you may file your claim in your local “small claims” court, if permitted by the rules of the small claims court and if within the jurisdiction of that court, unless such action is transferred, removed or appealed to another court. You may file claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claim covered by this agreement. You are giving up your right to participate as a class representative or class member in any class claims you may have against us including any rights to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision shall be governed by the federal arbitration law and not by any state arbitration law. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of the filing of the case, then we or you may elect to have the arbitration administered by the Court Arbitration and Mediation services. The arbitrator’s award may be entered in any court of competent jurisdiction. However, under any provision of applicable law, the arbitrator shall have no authority to award damages, remedies or indemnities that conflict with this User Agreement.
If the above prohibition of class actions and other claims brought on behalf of third parties is declared unenforceable, then all of the above language in this Arbitration section shall be null and void. This arbitration agreement shall survive the termination of your relationship with us.
This User Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, including its conflicts of law rules, and the United States of America. You agree that any dispute arising out of or relating to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction of the state and federal courts of Maricopa County, Arizona.
We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or to change, suspend or discontinue the Services (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the website or sending a notice through the Services, by email or by any other appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. We will endeavor to provide timely notice of changes, and it is also your responsibility to check this User Agreement periodically for changes. Your continued use of the Services following notification of any changes to this User Agreement constitutes acceptance of those changes.
Entire Agreement and Severability: This User Agreement is the entire agreement between you and us with respect to the Services, including your use of the Website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary to make this User Agreement otherwise valid and effective and enforceable. The failure of either party to exercise any right hereunder shall not be deemed a waiver of any other right hereunder.
We shall not be liable for any failure to comply with our obligations hereunder, where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
This User Agreement is personal to you, and is not assignable, transferable or licensable by you, except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture or employment relationship is created as a result of this User Agreement and neither party has any authority whatsoever to bind the other in any respect.
Unless otherwise specified in this User Agreement, all notices under this User Agreement shall be in writing and shall be deemed received, if delivered personally or sent by certified or registered mail, when receipt is confirmed electronically, if transmitted by fax or email; or the day after it is sent, if sent for next day’s delivery by overnight recognized delivery service. Electronic notices should be sent to Info@MasValeSaber.com.
Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of enforcement in any particular case does not mean that we will waive enforcement in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in this User Agreement are for convenience only and will not affect its interpretation.
You can contact us at the following address: 7339 N. 27 Ave. Phoenix, AZ 85051
Effective Date of User Agreement: 02/06/2017
