Terms of Use of Website

Hispano Club’s Website Terms of Use

 

Last Modified: October 3, 2017

 

THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

These terms of use are entered into by and between You and Hispano Club, LLC, a Delaware Limited Liability Company (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.hispanoclub.com, including any content, functionality and services offered on or through www.hispanoclub.com (the “Website”), whether as a guest or a registered user. PLEASE NOTE THAT THIS DOCUMENT DOES NOT GOVERN THE SERVICES OFFERED BY HISPANO CLUB THROUGH ITS MEMBERSHIP CARD OR THE HISPANO CLUB INDEPENDENT ASSOCIATE PROGRAM.  Additional terms and conditions may apply if You register for the Hispano Club Card or the Hispano Club Independent Associate Program.

 

By accessing, using, or viewing the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://hispanoclub.com/legal/privacy-policy/ incorporated herein by reference. You also certify that you are 18 years of age or older and that you have all necessary rights, power, and authority to enter into these Terms of Use and perform the obligations set forth herein.  If you do not agree to these Terms of Use or if you are not 18 years of age, you are not granted permission to use the Website and you must exit immediately.

 

If You breach any of the Terms of Use, Company reserves the right to suspend Your access to the Website and/or terminate your account.  The Company has the right to take legal action against You for any illegal or unauthorized use of the Website.  Further, the Company shall fully cooperate with any law enforcement or court order to provide information related to Your use of the website.

 

Changes to the Terms of Use

 

We reserve the right to change or amend these Terms of Use from time to time. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the Terms of Use periodically for updates.

 

Accessing the Website

 

We reserve the right to update the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including Members and Independent Associates.

 

Third Party Content

 

The Website may contain third party content such as third party intellectual property, as described in the “Intellectual Property Rights” section, and links to other sites and resources provided by third parties. This includes, without limitation, advertisements and sponsored links. We have no control over the contents of those sites or resources.  You interact with these links at your own risk.  Company disclaims any responsibility for these links and any harm or claims that may arise from your interaction with them.

 

Website Registration and Data Use

 

You may be asked to provide certain information, as described in our Privacy Policy (https://hispanoclub.com/politica-de-privacidad), through the registration process in order to access certain portions of the Website. (“Registered Use”).  It is a condition of your Registered Use of the Website that all the information you provide on the Website is true, accurate, and complete.

 

You agree that all information you provide to register with this Website or that is passively collected otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take, consistent with our Privacy Policy, with respect to your information.

 

If you choose, or are provided with, a user name, password or any other piece of information for Registered Use, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree not to provide any other person with access to this Website using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name and/or password or any other breach of security. Violating any of these terms can result in Company disabling Your access to the Website and/or terminating your account.

 

Intellectual Property Rights

 

The Company owns or has a license to the features, functionality, content, information, software, text, displays, images, video and audio, names, logos, product and service names, designs, slogans, trademarks, Company Trademarks (including but not limited to Hispano Club™, Hispanito™, and the Company logo), copyrights, service marks, the design, selection and arrangement thereof, of the Website, all of which are and/or may be protectable under United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (collectively “Material”).  The Company does not grant any license or other authorization to any of its Material by placing Material on the Website.  All rights not expressly granted are reserved by the Company.

 

You may not reproduce, distribute, modify, delete, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Material.  If you violate any of these Terms, your access to the Website automatically terminates.

 

Website Use and License

 

The Company grants You only a limited license under the Terms of Use to access and make personal, lawful, and non-commercial use of the Website.

 

Prohibited access and/or use of the Website includes, but is not limited to use and/or access by You via any means that:

 

  • Is commercial, including but not limited to, sending out solicitation, spam, or junk mail.
  • Is in violation of any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries or for harming minors)
  • Is in violation of the Company or a third party’s intellectual property rights or rights in Materials as described in the Terms of Use
  • Impersonates or attempts to impersonate the Company, a Company employee, another user or any other person or entity
  • Restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  • Is or may overburden, damage, interfere with, or impair the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or any accounts associated with third parties in effectuating the functioning of the Website.
  • Involves data mining, robots, or similar data gathering and extraction tools or processes.
  • Involves theft, attack, or manipulation of any data.

 

User Contributions

 

The Website may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users (hereinafter, “post”) different types of content, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.  All User Contributions are subject to the Company’s DMCA Policy and take down procedures for any User Contributions that you believe may be infringing will be governed by the DMCA Policy. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy https://hispanoclub.com/legal/dmca-policy/ in the manner and by the means set forth therein.

 

Any User Contributions you post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive right to use, reproduce, modify, perform, display, revise, distribute and otherwise disclose to third parties any User Contributions for any purpose.

 

You represent and warrant that all User Contributions provided by You are complete, up-to-date, accurate, in compliance with all applicable laws, rules, and regulations, and that You have the rights to post the User Contributions to the Website and the rights to grant the licenses to the User Contributions to the Company, our affiliates and service providers, and each of their and our respective licensees, successors and assigns, as described in this Section.

 

You understand and acknowledge that you are responsible for adhering to the Content Standards in the Terms of Use, and you, not the Company, have full responsibility and liability for the legality, reliability, accuracy and appropriateness of the User Contributions.

 

Content Standards

 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any violence, illegal activity, or advocate, promote or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

We have the right to remove or refuse to post any User Contribution that violates the DMCA Policy, Terms of Use, or Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.   The Company assumes no liability for any action or inaction regarding User Contributions.

 

Job Board

 

As a potential employer or recruiter using the Website’s Job Board, you represent and warrant that you have all the rights, power and authority for yourself and your employer and/or the entity you represent, or are the agent of or associated with or acting on behalf of such employer or entity (e.g., university, college or other institution, or as an employer or recruiter) and that the employer or entity has authorized you to grant the licenses in this section.

 

As a candidate using the Website’s Job Board, You represent that all User Contributions, such as candidate materials, provided by you are complete, up-to-date, and accurate in all respects and in compliance with all applicable laws, rules and regulations. You acknowledge that access to User Contributions using   the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

 

All employers and recruiters submitting User Contributions, including but not limited to all job postings, shall only submit content that is accurate, true, not misleading or deceptive in any manner, and fully in compliance with all applicable federal, state and local laws (including laws prohibiting employment discrimination). All potential employer or recruiter posts must be for actual job listings in compliance with all applicable federal, state and local laws and may not contain (i) any form of advertisement, promotion or endorsement, other than promotion of the job itself or (ii) require any form of upfront payment or referrals to other candidates. All employers are solely responsible for their own hiring determinations.

 

We do not guarantee that any User Contributions you post or access on or through the Website, including job postings and candidate materials, are or will continue to be true, accurate, or secure.

 

Contests and Promotions Rules

 

Hispano Club, from time to time may publish on the Website contests and promotions to the general public. Please see our rules at: https://hispanoclub.com/legal/contest-promotions/

 

Payment of Services

 

Service provided by GRUPO REGALII INC. (“Regalii”). This section governs the terms under which you may access and use Regalii’s products and services (“Regalii’s Service” or “Regalii’s Platform”).

 

By accessing and using the Service, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE SERVICE.

 

  1. Certain Definitions
  2. Service Providers: means participant billers that form part of the Regalii Platform ecosystem.
  3. Consumer / Sender: Means You.
  4. Recipient: means the client of the Participating Provider or Service Provider who is/are the beneficiary of the execution of the Transaction.
  5. “Payable Amount” means the amount of any payment accepted from the Consumer, for its further payment to the Service Provider through the Regalii’s Platform, in order to satisfy the Recipient’s obligations with said provider.
  6. Transaction is a bona fide, specific Bill Payment by a Sender in the United States.
  7. Transaction Amount Means the Payable amount plus Fee.
  8. Fee: means amount of money charged by Regalii and / or Us, for rendering Regalii’s Service.

 

  1. Overview of The Service

 

Regalii is not a bank or an issuer of stored value products, as defined by the United States Department of Treasury. The Service allows individuals who use Regalii’s Platform to paid services or utilities either through the Regalii’s platform.

 

  1. Accessing the Service

 

  1. Eligible Users.You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be a United States resident, citizen or legal visitor. You must be able to form legally binding contracts under applicable law. Other restrictions may apply. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with the terms and conditions of these Terms of Use.
  2. Not Available to Certain Residents.The Service may not be available in whole or in part in different countries, states, counties or other jurisdictions and Regalii and the Company make no guarantee that the Service will be available in any location. Senders and Recipients are entirely responsible for compliance with all applicable laws.

 

  1. Offer and Acceptance

 

If you submit a Transaction, You are requesting Regalii to process your Transaction. A Sender cannot request a refund after the bill has been successfully paid.  REGALII AND THE COMPANY ARE NOT RESPONSIBLE FOR WRONG CONTRACTS NUMBER, TELEPHONE NUMBERS OR ANY WRONG INFORMATION GIVEN BY SENDER.

 

  1. Payment

 

  1. Charges.For each Transaction that Sender submits, Sender agrees to pay Regalii the Transaction Amount (in U.S. dollars) plus a fee. Fee may include an additional amount for utilizing Regalii’s Platform through the Company’s website. The additional amount may be reduced if You are a member of the Company’s membership.

 

If Sender submits a Transaction that results in Regalii being charged non-sufficient fund fees, chargeback fees, or other fees, Sender agrees to reimburse Regalii for such fees.

 

  1. Payment.In order for Regalii to collect payment from Sender, Sender authorizes Regalii, on behalf of the Service provider selected by Sender, to access, charge, or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a “Payment Instrument“) including, for example, your credit card, debit card or cash. If your payment fails or is insufficient, you authorize Regalii to re-try one or more times using the same or a different Payment Instrument. You represent and warrant that you are the lawful owner of your Payment Instrument(s).

 

  1. Other Charges. Regalii is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. Regalii is not responsible for any non-sufficient funds charges, chargeback fees, or other charges that might be imposed on you by your bank, credit card issuer, or other provider.

 

  1. Disbursement

 

  1. Service Provider: Sender is the only responsible party for designating the Recipient. However, you agree that Regalii is not responsible for any inaccurate or incomplete information regarding Service Providers that may be posted.

 

  1. VerificationEach Sender may be required to provide Regalii certain information, which may include Sender’s and Recipient’s names and telephone numbers. This information will be collected and processed in accordance with our Privacy Policy available at https://www.regalii.com/terms-and-privacy/.  By providing the above information, you give Regalii permission to store and process such information in connection with performing the Service as described in its Privacy Policy.

 

  1. Restrictions

 

  1. General.Regalii may, at any time and in its sole discretion, refuse any Transaction or limit the amount of any Transaction, either on a per Transaction basis or on an aggregated basis without prior notice. Regalii’s reserve the right at any time, and from time to time, to modify or discontinue all or any portion of the Service to any and/or all Senders and/or Recipients at any time with or without notice.

 

  1. Delays. Your Transactions may be delayed or cancelled whether in the course of Regalli’s efforts to validate any of your Transactions or to comply with applicable laws, rules or regulations or for any other reason. Technology limitations and business hours of Services Providers may also cause delays.

 

  1. No Commercial Transactions.The use of the Service for commercial purposes is prohibited. Sender agrees that will only use the Service with people that Sender knows personally and for personal reasons. Regalii reserves the right to cancel any Transaction.

 

  1. Unauthorized Transactions.You may not use the Service in violation of these Terms of Use or applicable laws, rules or regulations. Regalii may cancel any Transaction for any reason, including if it suspects or believes a Transaction is being utilized for fraud, money laundering, or sending money to a Recipient that has violated these Terms of Use. If you use the Service in connection with illegal conduct, Regalii will report you to the appropriate law enforcement agency or agencies either in the United States or any other applicable country where the Transaction is being completed.

 

  1. Others.You may not act as a Sender or as a Recipient on behalf of any other person, or on behalf of a business, charity, or other non-human entity. Regalii may, at any time and in its sole discretion, refuse any Transaction, close multiple accounts held by an individual or persons related to the individual or living in the same household.

 

  1. No Changes.Regalii does not permit changes to a Transaction once it has been submitted for processing. It is Sender’s responsibility to make sure the Transaction details are accurate before submitting for processing.

 

SOME BILLERS DO NOT REFUND ANY MISTAKEN TRANSACTION, IT IS YOUR SOLE RESPONSIBILITY TO ENTER ALL THE PAYMENT INFORMATION CORRECTLY. REGALII WILL ONLY REIMBURSE TRANSACTIONS ERRONEOUSLY SUBMITTED WHEN THE BILLER REIMBURSES TO REGALII.

 

  1. Restricted Activities.In connection with your use of Regalii’s Service, or in the course of your interactions with Regalii, another user or a third party, you will not:
  2. Breach these Terms of Use, or any other agreement between you, Regalii and / or the Company;
  3. Provide false, inaccurate, or misleading information;

iii. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

  1. Use or access the Service by any means other than as authorized by Regalii;
  2. Attempt to hack, destabilize or adapt Regalii’s Platform or the Company’s website;
  3. Use or access the Service by any means other than as authorized by Regalii;

vii. Use any robot, spider, other automatic device, or manual process to monitor or copy Regalii’s Platform.

 

  1. COLLECTION OF INFORMATION

 

  1. Privacy Policy.By agreeing to these Terms, you acknowledge and consent to Regalii’s Privacy Policy, available at https://www.regalii.com/terms-and-privacy/., which is incorporated herein by reference.

 

  1. Government Disclosures.Regalii and Services Providers may provide information about you and your Transactions to government authorities and enforcement agencies.

 

  1. Verifying information.You authorize Regalii, directly or through third parties, to make any inquiries considered necessary or reasonable to validate the information that you provide to Regalii. This may include asking you for additional information, requiring you to take steps to confirm ownership of your e-mail address or financial instruments, or verifying your information against third party databases or through other sources.

 

  1. Problems

 

General. If you are a Sender, please let us know if you have any problems with the Service. You can communicate with us using the contact information at the bottom of these Terms. Residents of certain jurisdictions may also consider the following: In the United States, please call: 1-800-917-7198 or send an email to support@regalii.com

 

  1. Regalii’s Intellectual Property

 

The Service includes trade secrets and information that is confidential and proprietary to Regalii and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Service, including any related documentation, belong solely to Regalii and its licensors, if any, including all intellectual property rights therein. Further, you acknowledge that the Service, including but not limited to the content of the Regalii website, text, graphics, links, buttons, logos, and images, as well as all other Regalii copyrights, trade secrets, trademarks, service marks, logos, product and service names and all other Regalii intellectual property are owned exclusively by Regalii (collectively, the “Regalii Intellectual Property“).

 

You agree not to display, use, copy, or modify the Regalii Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof) or in the Service; or (iii) infringe any Regalii Intellectual Property, or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy. Regalii hereby expressly reserves all rights in the Service which are not expressly granted to you hereunder.

 

  1. Intellectual Property Restrictions

 

You only obtain a license to use the Service. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on any Regalii software; (ii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, software or other algorithms of the Service by any means whatsoever; or (iv) remove, obscure or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Service.

 

  1. Claims

 

YOU AND REGALII AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

  1. Termination

 

Without limiting any other remedies, Regalii may limit, suspend, discontinue or terminate all or any part of Regalii’s Service, with immediate effect, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if Regalii believes that you are (i) in breach of any of these Terms of Use, (ii) creating problems or legal liabilities (actual or potential), (iii) infringing a third party’s intellectual property rights, or (iv) engaging in fraudulent, immoral or illegal activities. You agree that Regalii is under no obligation to provide the Service, and that Regalii shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Service.

 

  1. Prevention of Unauthorized Use

 

Regalii reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Service, including, but not limited to, technological barriers and/or other methods as Regalii may choose from time to time.

 

  1. Injunctive Relief.

 

You acknowledge that your obligations made hereunder are of a unique and irreplaceable nature, the loss of which shall irreparably harm Regalii and which cannot be replaced by monetary damages alone so that Regalii shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

 

  1. Electronic Communications

 

Unless otherwise required by applicable law, the following categories of information (“Communications“) will only be provided by electronic means and not in paper format or through other non-electronic means: (i) your records of transactions through the Service; (ii) any initial, periodic or other disclosures or notices provided in connection with Regalii’s Service, including without limitation those required by federal, state or other law; (iii) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of Regalii’s Service; (iv) any other communication related to the Service or Regalii.

 

  1. Recipients.

 

The Service is hosted in the United States and by using the Service, if you are located in any region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, then you understand and consent to the processing of personal information in the United States.

 

  1. Security

 

Unfortunately, scams and fraudsters are abundant and we urge you not pay any bill to any recipient that you do not know personally. In particular, you should be cautious of deals or offers that seem too good to be true. If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at support@regalii.com. If you receive any fake (phishing) emails purporting to be from Regalii, please forward them to us at support@regalii.com

 

  1. Contact Information

 

Questions, notifications, and requests for refunds or further information can be sent to support@regalii.com

 

[End of Regalii’s Terms of Use]

 

Privacy

 

All information we collect on this Website is subject to our Privacy Policy https://hispanoclub.com/legal/privacy-policy. By using the Website, you consent and agree to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Disclaimer of Warranties

 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

 

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Exceptions to Limitations and Exclusions of Liability.

 

Please note that some jurisdictions, including New Jersey, do not permit some of the limitations or exclusions of liability set forth in the Disclaimer of Warranties and Limitations of Liability sections above, including limitations of warranties for consumer products and services. Accordingly, some of the foregoing exclusions may not apply to you. We encourage you to consult a local attorney for legal counsel on these issues. If any of the limitations or exclusions of liability set forth in these Terms of Use is deemed invalid or unenforceable for any reason, then the limitation or exclusion shall apply to the greatest extent permitted by applicable law. If you are dissatisfied with the Website or any of these Terms, your sole and exclusive remedy is to discontinue using the Website.

 

Indemnification

 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

International Use

 

We make no representation or warranty that the site and site content are appropriate or available for use in locations outside the United States of America. Accessing the site or any site content from territories in which such access is illegal is prohibited. You agree that if you choose to access the site from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.

 

Governing Law and Jurisdiction

 

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Houston and County of Harris, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Disputes and Arbitration Agreement

Any dispute or claim relating in any way to the Website, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including, without limitation, claims relating to the Terms of Use, Privacy Policy or any other agreements with the Company) will be resolved by binding arbitration, rather than in court.  This includes any dispute or claim you assert against our subsidiaries, affiliates, successors, and assigns.

 

The Federal Arbitration Act and federal arbitration law will apply.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, except as expressly limited by these Terms, an arbitrator can award on an individual basis the same damages, and must follow the terms of these Terms as a court would.

 

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator(s) may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described below. Without limiting the foregoing, if for any reason a claim proceeds in court rather than in arbitration, WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If a dispute arises, we strongly encourage you to first contact our Customer Service Department.  We value our relationships with our users and will try to resolve your claims informally and quickly.

 

If your dispute is not resolved by our Customer Service Department, before beginning arbitration, you must send a written notice describing the claim to our Compliance Officer at the following address:

 

Attention to:                           Jose Antonio Garcia Sam

Title:                                       Compliance Officer.

E-mail:                                   contacto@hispanoclub.com

Address:                                5433 Westheimer Rd. Suite 1100

Houston, Texas 77056

 

If your dispute has not been resolved within 30 days of sending the notice to our Compliance Officer, you may then commence mediation and, if necessary, arbitration, according to the following procedures:

 

  • Mandatory Mediation. If your dispute cannot be resolved through direct discussions pursuant to the process described above, then You and We agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration.

 

  • Mandatory Arbitration
    1. Any dispute that cannot be resolved through mediation pursuant to the process described above shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    2. If a dispute proceeds to arbitration, such arbitration shall be conducted according to the following procedures and governing law:
      1. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $100,000.00 (One Hundred Thousand Dollars), in which case the dispute shall be heard by a panel of three arbitrators.
      2. The place of arbitration shall be Houston, Texas.
  • The arbitration shall be governed by the laws of the State of Texas.
  1. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed.
  2. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing.
  3. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section.  Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
  • Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.
  • Failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award.  Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
  1. If the claim amount exceeds $100,000.00 (One Hundred Thousand Dollars), then the award of the arbitrator(s), if any, shall be accompanied by a reasoned opinion.

 

  • Confidentiality. Except as may be required by law, neither a party nor a mediator or arbitrator may disclose the existence, content, or results of any mediation or arbitration hereunder without the prior written consent of both parties.

 

Waiver and Severability

 

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

 

The Terms of Use, Privacy Policy, all the documents herein incorporated by reference, and any other agreements with the Company constitute the sole and entire agreement between you and Hispano Club LLC, with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

Your Comments and Concerns

 

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contacto@hispanoclub.com or via our toll-free number: 855-544-7726.