Welcome to the Salseros Club Web Site (“Salseros Club” or “the Club” or the “Site”). You agree that by registering on Salseros Club, or using the Salseros Club website and/or other information provided as part of the services the Salseros Club provides (“Services”), you are entering a legally binding agreement with Salseros Club, LLC, located at P.O. Box 124575; San Diego, CA 92112, USA, based on the terms of this Salseros Club Agreement (“Agreement”) You are individually bound by this Agreement if you are the using Salseros Club Site on behalf of a company or other legal entity, even if said entity has a separate agreement with Salseros Club. If you do not wish to register an account and become a member of Salseros Club, not enter into this agreement, do not click “Join Us Now” and do not access, view download or otherwise use any Salseros Club webpage, information or services. By clicking “Join us Now” and/or using the Services you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Join Us Now,” you also consent to use electronic signatures and acknowledge your clicking of the “Join Us Now” as one.
You own the information you provide Salseros Club under this Agreement, and may request its deletion at any time, unless you have shared information or content with other users and they have not deleted it, or it was copied or stored by users. Additionally, you grant Salseros Club a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to Salseros Club to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Salseros Club, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Salseros Club, without any further consent, notice, and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Salseros Club profile information accurate and updated.
The profile you create on Salseros Club will be part of Salseros Club and except for the information that you license to us is owned by Salseros Club. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Salseros Club account to another party; and (5) not charge anyone for the access to any portion of Salseros Club, or any information therein. Further, you are responsible for anything that happened through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit "Delete Account." Please do keep in mind that this action is irreversible.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Salseros Club.
If you purchase any services or items the Salseros Club offers for a fee, either on a one-time or subscription basis (“Services”), you agree to Salseros Club storing your payment information. You also agree to pay the applicable fee for the Services (including, without limitation, periodic fees for the all accounts) as they become due plus all related taxes, and to reimburse us for all collection costs as interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method is issued, your transaction with us may be subject to foreign exchange fees or difference in prices, because of exchange rates. Salseros Club does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as credit card, reaches its expirations date and you do not edit your payment method information or cancel your account or such Services, you authorize us to continue billing the payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of the purchase. You may cancel or suspend your Services here. The Salseros Club’s refund policy is explained here. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Salseros Club’s Services are subject to this Agreement and any additional terms related to the provisions of the Services. Additionally, if you require a printed invoice for your transaction with us, you may access it through your Salseros Club account settings under “Order History” request one by contacting us.
Notification of potential violation of this Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reason in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Notifications and Services
For purposes of services message and notices about the Services, Salseros Club may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Salseros Club to an email address associated with your account, even if we have other contact information. You also agree that Salseros Club may communicate with you through your Salseros Club account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Salseros Club account or services associated with Salseros Club. Please review your Preferences to control what kind of messages you receive from Salseros Club. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
Salseros Club may offer the Services through applications built using Salseros Club’s platform (“Salseros Club Applications”). Examples of Salseros Club Applications include its smart phone applications, and Salseros Club’s “Share” buttons and other interactive plugins distributed on websites across the web. If you use a Salseros Club Application or interact with a website that had deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Salseros Club plugins that load in your browser may be communicated to us. Further, by importing any of your Salseros Club data through the Salseros Club Application, you represent that have authority to share the transferred data with your mobile carrier or other access providers. In the event you change or deactivate your mobile account, you must promptly update your Salseros Club account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all changes and necessary permissions related to accessing Salseros Club through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
User-to-User Communication and Sharing
Salseros Club offers various forums such as Salseros Sozial where you can post your observations and comments on designated topics. Salseros Club also enables sharing of information by allowing users to post updates, including links to news articles and other information such as product recommendations and other content to their profile and other parts of the site, such as Salseros Club Groups. Salseros Club members can create Salseros Club Groups for free, however, Salseros Club in its sole discretion, may close or transfer Salseros Club Groups, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and Salseros Club cannot guarantee that other Members will not use the ideas and information that you share on Salseros Club. Therefore, if you have an idea that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that might be infringed by your sharing it, do not post it to any Salseros Club Groups, into your Network Update, or elsewhere on Salseros Club. SALSEROS CLUB IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON SALSEROS CLUB
Your use of Salseros Club services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or services to any en-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
Contributions to Salseros Club
By submitting ideas, suggestions, documents, or proposals (“Contributions”) to Salseros Club through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Salseros Club is under no obligation of confidentiality, express or implied, with respect to the Contributions; (c) Salseros Club shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Salseros Club may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Salseros Club rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Salseros Club under any circumstances.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Salseros Honor Code, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Salseros Club authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Salseros Club or its Members), to view information and use the Services that we provide on Salseros Club webpages and in accordance with this Agreement. Any other use of Salseros Club contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or use information gathered from Salseros Club commercially unless expressly authorized by Salseros Club) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Salseros Club and all related items, including any and all copies made of the Salseros Club website.
Our Rights & Obligations
For as long as Salseros Club continues to offer the Services, Salseros Club shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Salseros Club as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Salseros Club, partially or entirely, or change, and modify prices prospectively for all of part of the Services for you or for all our Members in our sole discretion. All these changes shall be effective upon their posting on Salseros Club or by direct communication to you unless otherwise noted. Salseros Club further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Salseros Club to be contrary to this Agreement. For avoidance of doubt, Salseros Club has no obligation to store, maintain or provide a copy of any content that you or other Members provide when using the Services.
Third Party Sites and Developers
Disclosure of User Information
Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. Salseros Club may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Salseros Club reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Salseros Club determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
Intellectual Property Notices
The Services includes the copyrights and Intellectual property rights of Salseros Club and except for the limited license granted to you in "Your Rights," Salseros Club reserves all of its intellectual property rights in the Service. Salseros Club, the Salseros Club and “in” logos and other Salseros Club trademarks, service marks, graphics, and logos use in connection with Salseros Club are trademarks or registered trademarks of Salseros Club in the U.S. and/or other countries. Other trademarks and logos used in connection with Salseros Club may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON SALSEROS CLUB OR ITS SUPPLIERS, INFORMATION THERE IN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR SALSEROS CLUB AND ALL INFORMATION AND SERVICES ON “AS IS" AND "AS AVAILABLE" BASIS. SALSEROS CLUB DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SALSEROS CLUB AND SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED HARMED BY SALSEROS CLUB OR ANYTHING RELATED TO SALSEROS CLUB, YOU MAY CLOSE YOUR SALSEROS CLUB ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. SALSEROS CLUB IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OR ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SALSEROS CLUB TO ANYONE. IN ADDITION, WE NEITHER WANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES LICENSED SUCH MATERIALS, SERVICE, OR TECHNOLOGY TO US. SALSEROS CLUB DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSON SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE THE OBLIGATION TO MONITOR SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SALSEROS CLUB DISCLAIMS ALL LIABILITY FOR THE IDENTITY THAT OR ANY OTHER EASY USE OF YOUR IDENTITY OR INFORMATION BY OTHERS. SALSEROS CLUB DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SALSEROS CLUB DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS FUNCTIONING. FURTHERMORE, SALSEROS CLUB DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR PEOPLE FOR USE CONDITIONS OF THE SALSEROS CLUB SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO THE INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
Limitation of Liability
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Salseros Club nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors, ("Salseros Club Affiliates") shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for the Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third-party person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Salseros Club. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
· Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
· Not apply to any damage that Salseros Club may cost you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
· Not apply if you have entered into a separate agreement to purchase Services with a separate Limitation of Liability provision that supersedes this section in relation to those Services.
Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, without notice to Salseros Club pursuant to "Notices and Service of Process", under "General Terms". This notice will be effective upon Salseros Club processing your notice. Salseros Club may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This consolation shall be effective immediately or as may be as specified in the notice. For avoidance of doubt, only Salseros Club or the party paying for the services may terminate your access to any Services. Termination of your Salseros Club account includes disabling your access to Salseros Club and may also bar you from any future use of Salseros Club.
Misuse of the Services
Salseros Club may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Salseros Club messaging services; creating multiple or false profiles; using the Services commercially without Salseros Club’s authorization, infringing any intellectual property rights, violating any of the Honor Code, or any other behavior that Salseros Club, and it's sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Salseros Club has adopted a policy of terminating accounts of Members who, in Salseros Club's sole discretion, are deemed to be repeat infringers Under United States Copyright Act.
Effect of Termination
Upon termination of your Salseros Club account, you lose access to the Services. The terms of this Agreement shall survive any termination, except under “Your Rights” and under "Services Availability," "Third Party Sites and Developers," and "Disclosure of User Information" under "Our Rights and Obligations."
Law and Forum for Legal Disputes
This agreement or any claim, cause of action or dispute (“claim") arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin where you access Salseros Club, and notwithstanding any conflicts of law principles and the United Nations Convention of the International Sales of Goods. You and Salseros Club agree that all claims arising out of or related to this Agreement must be resolved exclusively by state or federal court located in San Diego County, California, except as otherwise agreed by the parties or as described in Arbitration Option paragraph below.
Salseros Club agreed to submit to the personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Salseros Club shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific matter shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties and witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court or competent jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction arbitrator to be illegal, void, or unenforceable, the enforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to fact the intention of the provision; if the court or arbitration finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Notices and Service of Process
In addition to “Notice and Service Messages,” we may notify you via posting on www.salserosclub.com. You may contact us here. Or via mail or courier at: Salseros Club, LLC PO Box 124575; San Diego, CA 92112 USA. Additionally, Salseros Club accept service of process this address. Any notices that you provide without compliance with this section shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Salseros Club regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Salseros Club services, third-party content or third party software.
Amendments to This Agreement
No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, all representations, statements, consents, waivers or other acts or omissions by any Salseros Club Affiliate shall be deemed legally binding on any Salseros Club Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Salseros Club.
No Injunctive Relief
You waive your rights to try to stop Salseros Club, but we don't waive our rights to ask a court to stop your actions.
In no event shall the UC or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation or any advertising or other material issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services
Entities other than Salseros Club, LLC, that Salseros Club, LLC owns a 50% or greater interest in ("affiliate") are not parties, but intended third party beneficiaries of this Agreement, weave a right to enforce this Agreement directly against.
Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Salseros Club.com, LLC for any third party that assumes our rights and obligations under this Agreement.
Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside of the United States.
This document was last updated on November 23, 2014