Terms and Conditions for Access and Use of sispanish.com
The Sí Spanish Web Site (the "Web Site") is an online communication and information service provided by Sí Spanish. Access and use of the Web Site is subject to compliance with the terms and conditions set forth in this agreement ("Agreement"). Please take the time to examine this document carefully and understand its full contents before accessing or using the Web Site. By accessing or using the Web Site, you will agree to be legally bound by the terms and conditions set forth below. You should not access or use the Web Site if you do not want to be bound by these terms and conditions, without exception. This Agreement may be modified at any time without notice, and any such modification shall be effective immediately upon posting. By accessing and using this Web Site you agree to periodically review this Agreement and be bound by any modifications or amendments to this Agreement.
By accessing and using the Web Site you hereby agree to fully comply with the Operational Polices ("Policies") set forth below. The Policies are the rules that govern the use of, and activity in connection with the Web Site. Sí Spanish has the right to amend such Policies without notice and from time to time as it in its sole discretion deems appropriate.
The additional legal terms and conditions stated below, as well as the legal terms and conditions above, apply to use of the Web Site. Use of and/or access to the Web Site constitutes acceptance of these legal terms and conditions. While using the Web Site you may not interfere, in any way, with other use of or access to the Web Site.
If you are dissatisfied with the Web Site or with any terms, conditions, rules, policies, guidelines or practices of Sí Spanish in operating the Web Site, your sole remedy is to discontinue using the Web Site.
Sí Spanish will not be responsible for errors or technical difficulties with the functionality of the Web Site or for electronic mail transmissions. Sí Spanish accepts no responsibility for errors in specifications, pictures or illustrations, typographical or photographic errors, or functioning of this site's software or hardware.
The information, photography, text, graphics and other materials provided on this Web Site are intended solely for informational purposes only. While we make every effort to provide accurate information on the Web Site, we cannot guarantee that all of the information on the Web Site is correct or current.
You understand that, except for information, products or services clearly identified as being supplied directly by Sí Spanish, Sí Spanish does not operate, control, endorse, guarantee, represent or warrant any information, products or services on, or accessed through, the Web Site in any way. Except for Sí Spanish identified information, products or services, all information, products and services offered on the Web Site are offered by third parties that are not affiliated with, nor under the control of, Sí Spanish. Sí Spanish will not and does not guarantee, represent or warrant that files or software of any kind, or from any source, available for use or downloading through the Web Site, will be free of infection or viruses, worms, Trojan horses or other code or defects that manifest contaminating or destructive properties.
You are responsible for implementing sufficient firewalls, protections, procedures and checkpoints to satisfy your particular requirements for protection of your system.
BY ACCESSING OR USING THE WEB SITE, YOU ASSUME ANY AND ALL RESPONSIBILITY AND RISK OF USE OF THE WEB SITE AND ANY PRODUCTS OR SERVICES CONTAINED THEREIN. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. SI SPANISH ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEB SITE OR ANY OTHER WEB SITE WHICH MAY BE REFERENCED OR LINKED TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES, INFORMATION, OR PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
UNDER NO CIRCUMSTANCES SHALL SÍ SPANISH BE LIABLE TO A USER OR ANY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, SALES, GOODWILL OR PROFITS, WHETHER OR NOT SÍ SPANISH HAS BEEN ADVISED OF SUCH POSSIBILITY, OR UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION WITH OR BY THE WEB SITE. THE INFORMATION INCLUDED IN THE WEB SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. SÍ SPANISH DOES NOT REVIEW OR SUBSTANTIATE ANY OF THE INFORMATION, PRODUCTS, SERVICES, OR CLAIMS MADE ON THE WEB SITE. IMPROVEMENTS, MODIFICATIONS AND/OR AMENDMENTS (COLLECTIVELY "CHANGES") ARE PERIODICALLY MADE TO THIS AGREEMENT; THESE CHANGES WILL BE INCORPORATED INTO THE WEB SITE. SÍ SPANISH MAY MAKE IMPROVEMENTS AND/OR AMENDMENTS TO THE WEB SITE AT ANY TIME WITH OR WITHOUT NOTICE ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR. IT IS SOLELY THE USERS RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, SERVICES, MERCHANDISE PROVIDED THROUGH THE WEB SITE. SÍ SPANISH DOES NOT AND WILL NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED.
Links To Third Parties' Sites
The Web Site may contain links and pointers to sites maintained by third parties. Sí Spanish does not operate or control, in any respect, any software, hardware, information, products or services received on or through such third-party sites. Third-party links and pointers are included solely for the convenience of third-party, and do not constitute any endorsement, representation, warranty, or guarantee by Sí Spanish of such third-party sites. Third-party assumes sole responsibility and risk for use of such third-party links and pointers.
Web Site Property
The computer programs contained on the Web Site or other electronic media contains the intellectual property and other proprietary information of Sí Spanish. All title to, ownership of, and rights in and to the software including and enhancements, improvements and other additions thereto shall remain the sole and exclusive property of Sí Spanish.
All software involved in the Web Site is the exclusive property of Sí Spanish. This software, including without limitation all HTML code, Java Programs and ActiveX controls contained in the Web Site, exclusively owned by Sí Spanish, is and shall, to the maximum extent possible, be protected by copyright laws and international treaty provisions.
Any reproduction, redistribution, public performance, display or creation of a derivative work of the software is expressly prohibited by this Agreement and breaches will be pursued by legal action to the fullest extent possible. To the extent this software is covered by copyright law, violators are given notice that any such violations may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You shall have no right or claim of right to the software or any unique ideas found on this site.
All data and materials digitized by Sí Spanish, shall be exclusively licensed to Sí Spanish for the sole purpose of use on the Web Site. You, or any agent or party on your behalf, agree that you shall not enter the Web Site in order to use data digitized by Sí Spanish for any purpose other than those described in these terms and conditions, without the express written consent of Sí Spanish.
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
U.S. Government Restricted Rights
Use, duplication or disclosure of the Software by the Government will be subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c0 (1) (ii) of the Rights in Technical Data and Computer Software clause in the FAR Supplement.
You shall indemnify, defend and hold harmless Sí Spanish, the Web Site and its owners, parents, subsidiaries, affiliates, and their directors, officers, employees, agents, and subcontractors against all claims, actions, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, that may at any time be incurred by reason of (i) any claim arising out of any breach or alleged breach of Sí Spanish's representations or warranties contained in this Agreement, (ii) any claim based upon alleged errors or omissions or misrepresentations in information provided, (iii) any virus, worm, Trojan horse or other contaminating or destructive feature contained in such information, or (iv) any other claim brought by a third party having a basis in contract or tort, in law or in equity, including but not limited to, interference with contract or prospective economic advantage, breach of contract, negligence, misrepresentation, gross negligence, products liability or strict products liability.
Inclusion and Deletion
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Web Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
Jurisdiction, Venue, Choice of Law
This Agreement is governed by the laws of the State of California, USA without regard to conflicts of laws principals.
You consent to the exclusive jurisdiction and venue of courts in Folsom, California, U.S.A. in all disputes arising out of or relating to the use of the Web Site.
Use of the Web Site is unauthorized in any jurisdiction, which does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Sí Spanish's of this Agreement is subject to existing laws and legal process in the State of California and nothing contained in this Agreement is in derogation of Sí Spanish's right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Sí Spanish with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, such invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that emulates the intent of such original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and Sí Spanish with respect to this site and it supersedes all prior or contemporaneous oral, written or electronic communications and proposals between you and Sí Spanish regarding this site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions or any agreement incorporating these terms and conditions be reference, shall be settled by arbitration to be held in Folsom, California, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the Parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The Parties shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses.
Copyright and Trademark Notices
The entire contents of the Web site are copyrighted under the United States copyright laws. Sí Spanish is the exclusive owner of the copyright. Any rights not expressly granted herein are reserved.