These terms and conditions apply to the entire contents of spanishUno.com ("website" or "site" or "service"), to SpanishUno software ("software" or "service") and to any correspondence between SpanishUno ("we" or "us") and you.
Using this Website indicates that you accept these terms.
If you do not accept these terms, please do not use our website.
Please remember that SpanishUno offers you 30 day money back guarantee.
Please read these terms carefully before using the website.
The Website
1.1 Welcome to the SpanishUno's (SU) website.
1.2 Use of the website and the contents displayed in it is
subject to the terms of use specified below. SU offers the SU
website to you conditioned on your acceptance without
modification of this agreement. Your use of the website
constitutes your acceptance of this agreement. Anyone interested
in performing any action on the website, or that has performed
any action on the website (namely: the user), agrees that he/she
is aware of these terms, has read these terms, and agrees with
them. Therefore, the user, or anyone in his/her name commits to
having no claims and/or suits, directly or indirectly, against
SU, and/or any of its affiliates, regarding any action done by
the user through the website.
1.3 The website will display products and services (some via
pictures), to which some may have prices and availability. This
data is displayed solely for informational purposes.
1.4 All data, contents, interface, functions, and other
technologies embedded within the website, the software, or any
of the databases are property and copyrighted material of SU,
its licensors and vendors, or third-parties with whom SU is
affiliated.
1.5 Databases and information on the website include information
collected by SU and/or third parties. Neither SU nor its
affiliates will be liable to any user or anyone else for any
interruption, inaccuracy, error or omission, regardless of
cause, in such data or for any damages (whether direct or
indirect, consequential, punitive or exemplary) resulting there
from.
2. Permission of Use of the Website
2.1 Permission to explore the website and perform actions upon
it is allowed for any individual and/or legally operated
corporation.
2.2 SU may, in its sole discretion, terminate or suspend any
user's access to all or part of the website for any reason,
including, without limitation, breach of the Terms of Use or any
subsequent modifications. Any suspected fraudulent, abusive or
illegal activity, or disturbances to SU, including its services,
or other users receiving such services from SU, may be grounds
for termination of access and may be referred to appropriate law
enforcement authorities. SU shall not be liable to the user or
any third party for the termination of access or any claims
related to the termination of access. Also, the user agrees to
compensate SU for any damage, harm, profit loss, payment, or
expense – including attorney fees, and court fees caused by such
disturbances or breach of the Terms of Use, as noted above.
2.3 SU reserves the right to change the terms, conditions, and
notices under which it offers the website. The user is
responsible for regularly reviewing these terms, conditions and
notices, and any additional terms posted on the website. The
user's continued use of the website after the effective date of
such changes constitutes the user's acceptance of and agreement
to such changes. Also, SU reserves the right to close the site,
and change its structure, appearance, and the availability of
the products and services displayed in the website, without any
prior notice. The user shall not have any claim or suit against
SU or its affiliates regarding this matter.
2.4 SU reserves the right to perform maintenance operations on
the website, which may prevent user access to the website or
services provided in it. The user shall have no claim or suit
against SU regarding this matter.
2.5 SU reserves the right to prevent overall access to its
website.
2.6 The website, including databases and information contained
in it, is provided to the user "as is." Neither SU nor its
affiliates will be liable to any user or anyone else for any
interruption, inaccuracy, error or omission, regardless of
cause, in such data or for any damages (whether direct or
indirect, consequential, punitive or exemplary) resulting there
from.
2.7 SU will not disclose personal information on any user,
unless required to do so by law or if in the position of facing
legal charges (criminal or civil), regarding actions performed
by a user in or via the website. In such a case, SU reserves the
right to disclose the user's personal information to the party
claiming damage, or in accordance to judicial warrant
instructions.
2.8 In no event will any SU party be liable for any damages,
including without limitation any indirect, consequential,
special, incidental, or punitive damages arising out of, based
on, or resulting from this agreement or use of the website,
including blockage of access, loss of data, loss of profits,
resulting from or directly or indirectly linked to use or
performance of the website, inhibitions of use or inability to
access the website, or any information, software, or service,
resulting in any way from use of the website, even if such SU
party has been advised of the possibility of such damages.
3. Description of Service and Merchandise
3.1 The description of the software can be found on the Site. We
do our best effort to ensure that the software that is supplied
to you is identical to the one on the site, although there may
be minor variations to the description and/or specification of
the software.
3.2 Pictures and photographs of the software on the site are for
illustrative purposes only, and may not exactly match the
softwate.
3.3 The Customer must be over the age of 18 and entitled to
purchase software.
3.4 We will not be held liable for any incorrect information given be the Customer.
Availability
SpanishUno does not warrant that the Software or Site will
be available 24-hours per day, 7-days per week. We do not
warrant that the Service will be provided properly or
completely. If your access to the Service is suspended or
interrupted or a fault or defect occurs which prevents your
access to the Service, SpanishUno will attempt to restore access
to the Service (to the extent determined solely by SpanishUno in
its discretion). SpanishUno will have no liability to you for
the unavailability of the Service. In addition, SpanishUno
reserves the right, in its sole discretion, at any time and
without prior notice, to refuse Service access to any
individual, company, network, institution or other entity in
violation of these Terms of Use, or to cease providing the
Service in whole or in part.
4. User Conduct
4.1 The user may not copy, reproduce, retransmit, or
redistribute any material contained in the website in whole or
in part or in any medium or form, including software and
databases, to any third party. The user may not modify, copy,
distribute, forward, display, repost, reprint, sublicense,
create derivative works from, transfer, link to, quote or sell
any content from the website, the databases, or software.
4.2 The user may not do any of the actions listed below: any
action that limits or blocks others use of the website, or that
is unlawful, illegal, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy or publicity rights, any action that infringes
on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party, any transfer
of information that contains software viruses or any other
computer code, files, or programs that are designed or intended
to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any
third party.
4.3 The user shall bear full and sole responsibility for use of
any software, database, and the website. Without infringing on
the aforementioned, the user will bear sole responsibility for
any damages, including without limitation any indirect,
consequential, special, incidental, or punitive damages to the
user, SU, any third-party arising out of, based on, or resulting
from any action or lack of action by the user, as a result of
the user's use of the website.
5. Copyrights
SU has all the copyright and Intellectual Property (IP) rights
in the website design, photographs, pictures, drawings, audio
tracts, video tracts, graphics and program applications, texts,
and any other material included in the website.
6. Law Jurisdiction
This Agreement shall be governed by and construed in accordance
with the laws of the United States.
Disputes concerning the website or this Agreement for any matter
concerning it will be resolved exclusively through binding
arbitration conducted in the legal courts in the United States,
New York City.
7. Delivery
7.1 The items will be delivered to the specified delivery
address provided by you on the order form only after payment has
been received.
7.2 The items will be delivered as fast as possible, though
minor delays or set-backs may occur. The shipping date and time
specified by us is only an estimate and is not guaranteed.
7.3 If for any reason at all (not due to the Company's fault)
you do not accept delivery of the software in accordance with
this paragraph then we may charge you an additional fee to cover
any reasonable additional direct costs incurred by us as a
result (including additional insurance, delivery, storage or
similar charges).
7.4 We will not be held responsible for any delay caused by our
suppliers.
8. Inspection of Software
8.1 Upon delivery the Customer is encouraged to inspect the
software carefully. If the software is damaged, please contact
us, and refrain from using it.
8.2 The Customer will be liable for any loss or damage inflicted
on the software from the time of the delivery unless such loss
or damage is caused by our negligence.
8.3 The Company will not pay the Customer's cost for any return of software.
9. Price and Payment
9.1 Prices mentioned on the site do not include only online
delivery (by email).
9.2 The Customer will pay the specified price upon placing
the order.
9.3 If authorization of credit card is declined, we will not be
held liable for non-delivery of any ordered software.
10. Resale of the Software
The software is sold on the condition that it is not resold to the public.
11. Recording of Telephone calls
Phone calls to the Company may be recorded for future use.
12. Return of Software
SpanishUno offers 30 day money-back guarantee.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN
RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR
TERM - EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING
BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY,
PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF
THE SERVICE IS GIVEN OR ASSUMED BY SPANISHUNO N. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS
ARE HEREBY EXCLUDED. SPANISHUNO MAKES NO WARRANTY THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY
INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE
FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING
ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES.
SPANISHUNO MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE
INFORMATION DELIVERED OR RECEIVED ON OR THROUGH THE SERVICE FOR
ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,
COMPLETENESS OR CORRECTNESS. SPANISHUNO DOES NOT WARRANT OR
GUARANTEE THAT THE INFORMATION RECEIVED ON OR THROUGH THE
SERVICE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL
WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE OR INAPPROPRIATE.
THE INFORMATION AND DATA DELIVERED BY OR RECEIVED FROM USERS ON
OR THROUGH THE SERVICE IS NOT REVIEWED, CONTROLLED OR EXAMINED
BY SPANISHUNO BEFORE IT APPEARS ON THE WEBSITE. SPANISHUNO DOES
NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY
SUCH INFORMATION OR DATA. USERS ARE SOLELY RESPONSIBLE FOR THE
CONTENTS OF INFORMATION RECEIVED FROM THE SITE AND MAY BE HELD
LEGALLY LIABLE OR ACCOUNTABLE FOR THE USE OR MISUSE THEREOF
(INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS).
14. LIMITATION OF LIABILITY
IN NO EVENT WILL SPANISHUNO BE LIABLE TO ANY USER OF THE
SERVICES OR OTHER PARTY AFFECTED BY THE SERVICE FOR ANY DAMAGES
INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS
AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF
THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR
IMPROPER USE OF THE SERVICE, EVEN IF SPANISHUNO WILL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. AS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF
INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
15. Transfer of Contract
This contract is personal to you. You may not transfer the contract to any other person.
We may transfer, assign or subcontract the contract or part
of the contract to any third person or company.
16. Privacy Policy
16.1 The Company is devoted to ensuring the Customer's
privacy and to providing the Customer with a secure online
purchase.
16.2 The Company will ensure that our employees, agents and
sub-contractors shall, at all times, comply with all laws in
relation to data received from you in relation to this contract
and shall only process personal data received from you where
necessary to fulfill our obligations under this contract.
16.3 Cookies are small pieces of information sent to your computer and saved on your hard disk so that the site can remember who you are. Cookies are sent by our Site to your computer. The cookie helps us recognize you and match relevant content to your interest.
17. Rights
This Website and all of its content are owned and copyrighted
by SpanishUno.
18. Further Information
For questions and queries unavailable via the website, you may
contact our customer service representatives by email:
info@spanishUno.com