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This Use Agreement, including License,
defined below (collectively, the "Use Agreement"), is a legal document
that details the rights and obligations of your use of any web sites
owned, operated, or authorized by Saber Hacer LCC and its affiliated
and related companies ("Web Site(s)"). When you use the Web Site(s),
the terms regarding use of the Web Site(s) apply to you and when you
visit the Web Site(s), you accept these conditions. If you purchase
Saber Hacer DVDs or other Saber Hacer products offline or for offline
use, please refer to the End User License Agreement included with the
products for terms governing your use of such Saber Hacer products. Use
of the Web Site(s) is licensed, not sold, to you by Saber Hacer or one
of its affiliates for use under the terms of this Use Agreement and
Saber Hacer and its affiliates reserve any rights not expressly granted
to you herein. This Use Agreement contains important information
concerning your use of the Web Site(s). If you have any questions
regarding this Use Agreement, the Web Site(s), or any of your rights
and obligations related to your use of the Web Site(s), you should
contact our Customer Support Center at customersupport@saberhacer.com.
You and Saber Hacer agree that the services covered by this Use
Agreement are delivered by Saber Hacer or its authorized agents or
contractors.
Changes
to Use Agreement
To continue to provide you with world-class service and the highest
quality products, Saber Hacer is continually updating its products and
the Web Site(s). For these reasons, it may be necessary for Saber Hacer
to update or revise certain provisions of the Use Agreement, its
license agreements or its Privacy Policy. By your acceptance of this
Use Agreement, or by your continued use of the Web Site(s), you agree
that Saber Hacer may change the terms of this Use Agreement without
prior notice to you, and that the terms of use of the then-current Use
Agreement will govern your rights and obligations of your use of the
Web Site(s). You also agree that Saber Hacer may at any time revise,
edit or delete products, programs or content in their entirety. If you
do not agree to the terms in this Use Agreement as updated from time to
time, your only remedy is to cease using the Web Site(s).
Privacy
Policy
The Saber Hacer Privacy Policy explains how Saber Hacer collects, uses,
and discloses personal information in connection with your use of the
Web Site(s) and your purchase of Saber Hacer products, as well as the
choices Saber Hacer gives you about such uses and disclosures. By your
acceptance of this Use Agreement, by your continued use of the Web
Site(s), and if applicable, your continued use of the Saber Hacer
products, you authorize the collection, use, and disclosure of personal
information by Saber Hacer as provided for under Saber
Hacer’s then-current Privacy Policy. Since Saber
Hacer’s Privacy Policy may change, you should check the
current Privacy Policy for the most current version. You expressly
acknowledge and agree that Saber Hacer may contact you with information
regarding Saber Hacer products and about additional products that Saber
Hacer believes may be of interest to you.
Links
to Third Party Sites
Many of the Web Site(s) contain links that will let you leave the Web
Site(s). The linked sites are not under the control of Saber Hacer, and
you acknowledge that Saber Hacer is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the
contents of any linked site or any link contained in a linked site, or
any changes or updates to such sites. Saber Hacer is providing these
links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Saber Hacer of the site.
Third
Party Offers
From time to time, the Web Site(s) may make offers of Third Parties
("Third-Party Offers") available to you. Such Third-Party Offers are
not under the control of Saber Hacer, and you acknowledge that Saber
Hacer is not responsible for the fulfillment or any other aspect of
such Third Party Offers.
Copyrights
and Trademarks
All content included on the Web Site(s) is the property of Saber Hacer
LLC, its affiliated or related companies or its third-party licensors
and protected by U.S. and international copyright laws.
SABER HACER and other Saber Hacer and/or Delfos Media logos are
trademarks or registered trademarks of Delfos Media LLC. All other
trademarks not owned by Delfos Media LLC that appear on this site are
the property of their respective owners.
Making unauthorized copies of any content may subject you to legal
action. Similarly, third-party licensors may take criminal or civil
action against you. In that event, you agree to defend, indemnify and
hold harmless Saber Hacer and its subsidiaries, affiliates, related
companies, employees, officers, directors and agents.
Governing
Law, Notices, and Language
This Use Agreement is intended for your benefit and not the benefit of
any third party. This Agreement shall be governed by and construed in
accordance with the laws of the United States of America and the state
of California, and any action brought by either party to enforce this
Agreement shall be brought in the relevant state or federal court in
Los Angeles, California. You hereby submit to the personal jurisdiction
of such courts. If for any reason a court of competent jurisdiction
shall find any provision of this Use Agreement to be unenforceable,
that provision shall be enforced to the maximum extent permissible so
as to effect the intent of the parties, and the remainder of this Use
Agreement shall continue in full force and effect. If you send notice
to Saber Hacer, you must use the following email address: Legal
Department, Saber Hacer, LLC,
legaldepartment@saberhacer.com or Fax: 310) 491-9625 . You
and Saber Hacer expressly agree that this Use Agreement is written in
the English language only which language shall be controlling in all
respects.
Electronic
Delivery
By affirmatively ordering Saber Hacer products, you consent to receive
all communications, including agreements, notices, legally-required
disclosures and other information relating to the Web Site(s) or Saber
Hacer products electronically from Saber Hacer. You agree that Saber
Hacer may send you electronic notice by e-mail and/or by notice on the
Web Site(s). You must have Internet access in order to access
electronic communications. You can retrieve an electronic copy and a
printable version of this Use Agreement at: click here to download.
You may withdraw your consent to
receive notices electronically by contacting the Legal Department,
Saber Hacer, LLC, at legaldepartment@saberhacer.com,
Fax: 310) 491-9625 However, if you choose to withdraw consent, Saber
Hacer may terminate your license to use certain portions of the Web
Site(s). All registrations, terms, and agreements will be completed
electronically and for all legal purposes will be considered to be in
writing and legally enforceable as a signed writing.
Web
Site(s) License
The Web Site(s) are the proprietary and copyrighted work of Saber
Hacer, its affiliated or related companies and/or its third-party
licensors or contractors. Saber Hacer provides you with a limited
license to use the Web Site(s), which you agree to use in accordance
with these rules ("License"). You may not sub-license, or charge others
to use or access, our Web Site(s) without first obtaining written
permission from us. We will occasionally provide automatic upgrades to
improve your experience on the Web Site(s). All right, title and
interest in and to the Web Site(s) is retained by Saber Hacer, its
affiliated or related companies and/or its licensors, and this Use
Agreement shall not be construed as transferring any rights of
ownership or license to any information therein except as expressly set
forth in this Use Agreement.
Restrictions
You may not modify, adapt, translate, rent, lease, loan or create
derivative works based upon the Web Site(s) or any parts thereof. You
may not reproduce, transmit, edit, alter, modify, create derivative
works of, rent, lease, loan, resell or distribute the Web Site(s), in
whole or in part. You may not copy, download or otherwise transfer the
content from the Web Site(s) to your computer or any other computer or
storage device. You may not remove any proprietary markings of Saber
Hacer, its affiliated or related companies and/or its licensors.
You agree to defend, indemnify and hold harmless Saber Hacer and its
employees, contractors, officers, directors from all liabilities,
claims and expenses, including attorneys’ fees that arise
from a breach of this Use Agreement for which you are responsible.
Saber Hacer reserves the right to assume the exclusive defense and
control of any matter otherwise subject to your indemnification
obligation.
Submissions
Saber Hacer welcomes your comments
about the Web Site(s). However, unless the Web Site(s) has set up a
specific submissions policy, Saber Hacer will not review or consider
any unsolicited creative submissions. This policy is intended to avoid
the possibility of future misunderstandings in the event that projects
developed by our professional staff might seem to others to be similar
to their own creative work. Accordingly, Saber Hacer asks that you not
send Saber Hacer any original creative ideas, suggestions or materials.
If, despite Saber Hacer’s request, you send us any creative
idea, suggestion or material ("Submission"), it shall become the
property of Saber Hacer. No Submission will be subject to any
obligation of confidence by Saber Hacer, and Saber Hacer will not be
liable for any use or disclosure of any Submission. Saber Hacer will
exclusively own all known or later-existing rights to the Submission
worldwide, and will be entitled to the unrestricted use of the
Submission for any purpose, without compensation to the provider of the
Submission.
Postings
By posting on the Web Site(s), you grant (or warrant that the owner of
such rights has expressly granted) Saber Hacer and/or its affiliated
companies the worldwide, perpetual, nonexclusive right to use your
questions, comments, and postings, in their original or edited form, in
television programs, books, articles, commentaries, online or in any
other medium now known or later developed. You also warrant that you
own or otherwise control all of the rights to the content you have
posted and that the public posting and use of such content by us will
not infringe the rights of any third party. Additionally, you warrant
that any "moral rights" in posted materials have been waived.
You are not entitled to any
compensation for any materials you may post on the Web Site(s).
Parental
Permission
Some of the information available on the Web Site(s) may not be
appropriate for children. Further, the Web Site(s) are not directed to
children under the age of 13 and we will not knowingly collect
personally identifiable information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE
IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES
AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE
INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
Saber Hacer may, at its discretion,
require users under 18 to obtain the consent of a parent or guardian to
view certain content and Saber Hacer may limit access to certain
content to users above a specified age. You agree to abide by any such
restrictions, and not to help anyone avoid these restrictions.
Fees
Saber Hacer reserves the right to charge fees, surcharges and/or
membership fees for all or any of its services currently provided for
free at any time upon thirty (30) days' prior written notice to you.
Limitations
You acknowledge that the Web Site(s) may contain bugs, omissions,
typographical errors or other errors. Saber Hacer reserves the right to
make improvements and changes in the Web Site(s) at any time without
notice or liability to you; provided however that Saber Hacer is under
no obligation to make such improvements or changes. You acknowledge and
agree that Saber Hacer has no obligation to support or update the Web
Site(s) and has no obligation to provide you with any support,
maintenance, corrections, "bug fixes," updates, new versions or
revisions thereto. You understand that Saber Hacer’s
introduction of various technologies may not be consistent across all
platforms and that the performance of the Web Site(s) may vary
depending on your Internet connection, your computer and other
equipment.
Disclaimer
Saber Hacer publishes the opinions of expert authorities in many
fields. Please be advised that the use of these opinions is no
substitute for medical, legal, accounting, investment or other
professional services that may be required to meet your specific needs.
Always consult a competent professional for answers to your specific
questions or concerns.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
YOU AGREE THAT THE WEB SITE(S) IS PROVIDED "AS IS" AND WITHOUT WARRANTY
OF ANY KIND. SABER HACER MAKES NO REPRESENTATIONS OR WARRANTIES WITH
RESPECT TO THE WEB SITE(S), AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS THEREFOR, INCLUDING
WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND
REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE
USING THE WEB SITE(S) AT YOUR OWN RISK. SABER HACER DOES NOT WARRANT OR
REPRESENT THE ACCURACY OR RELIABLITY OF THE USE OR RESULTS OF THE USE
OF THE WEB SITE(S). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
SABER HACER OR A SABER HACER REPRESENTATIVE SHALL CREATE A WARRANTY OR
INCREASE THE SCOPE OF THIS WARRANTY OR THE LICENSE. SABER HACER MAY
GIVE YOU THE OPPORTUNITY TO INSTALL SOFTWARE OR PROGRAMS PROVIDED BY
OTHER COMPANIES ("THIRD-PARTY PROGRAMS") ON YOUR COMPUTER. YOU
ACKNOWLEDGE THAT SUCH THIRD-PARTY PROGRAMS MAY NOT BE ERROR FREE OR
ACCURATE, AND THEREFORE YOU ACKNOWLEDGE AND AGREE THAT BY INSTALLING
SUCH THIRD-PARTY PROGRAMS ON YOUR COMPUTER, YOU DO SO AT YOUR OWN RISK.
YOU AGREE TO COMPLY WITH ALL LICENSE TERMS FOR THIRD-PARTY PROGRAMS
THAT ARE DISCLOSED TO YOU BY SABER HACER. YOU ACKNOWLEDGE THAT THE
LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE THIRD-PARTY
PROGRAMS. THE LICENSE TERMS FOR SOME SUCH THIRD-PARTY PROGRAMS ARE
POSTED AT THE ORIGINATING OR LINKED THIRD-PARTY SITE.
NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS USE AGREEMENT,
SABER HACER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER, WHETHER
ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER
REPAIR COSTS, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF
OR IN CONNECTION WITH THIS USE AGREEMENT OR THE USE, THE RESULTS OF THE
USE, OR THE INABILITY TO USE THE WEB SITE(S) OR THIRD-PARTY PROGRAMS,
EVEN IF SABER HACER HAS BEEN ADVISED OF, OR SHOULD HAVE FORESEEN THE
POSSIBILITY OF SUCH DAMAGES.
Updated 11/02/06
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