Terms & Conditions 

Effective Date: February 28, 2019

 

The use of this website (also referred to herein as "www.uspain.online", "this site, "our site") and services on this website provided by USpain-Valencia: Honors Experience Abroad (also referred to herein as "USpain-Valencia," "USpain," "we," "us," "our," "the company") are subject to these terms and conditions (also referred to herein as "terms and conditions agreement", "terms", "conditions", "agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This agreement governs the use of all pages on this website and any services provided by or on this website.

 

The agreement is between the user (also referred to herein as "you" and all corresponding second-person, singular pronouns) and the company (referred to herein as "we" and all corresponding second-person, plural pronouns, as well as "USpain-Valencia: Honors Experience Abroad," "USpain-Valencia," and "USpain.") Collectively, the user and the company will be referred to as the "parties" of this agreement.

  
Assent and Acceptance of this Agreement

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By using this website, you warrant that you have read and reviewed this agreement and that you agree to be bound by it. If you do not agree to be bound by this agreement, please leave the website and close your browser immediately. USpain only agrees to provide use of this website and services to you if you assent to this agreement. If you continue to use this website, you are responsible for adhering to all of the terms and agreement.

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This agreement constitutes the entire understanding between the parties with respect to any and all use of this website and/or its services. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website and/or its services.

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License to Use this Website

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USpain may provide you with certain information as a result of your use of this website and/or its services. Such information may include, but is not limited to, documentation, data, or information developed by USpain, and other materials (referred to herein as "company materials") which assist you in using the site and its services. 

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Subject to this agreement, USpain grants you a non-exclusive, limited, non-transferable and revocable license to use company materials made available to you via this site solely for your use of this website and its services in the manner and for the purposes intended, explicitly or implied, by USpain. This license terminates upon your use of the website, services and/or company materials in a manner other than that intended, explicitly or implicitly, by USpain, your cessation of use of the website or its services, or upon the termination of this agreement.

 

Intellectual Property

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You agree that the website and all services and materials provided by the USpain therein or related to its proper use are the property of USpain, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (referred to hereafter as "company IP").

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You agree that USpain owns all right, title and interest in and to the company IP and that you will not use the company IP for any unlawful purpose or in any unlawful manner as determined by all local, state, provincial, regional or federal laws.

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You agree that you will not use the company IP for any infringing purpose or in any infringing manner as defined by all local, state, provincial, regional or federal laws, codes, norms and definitions.

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You agree that you will not use the company IP for any other purpose or in any other manner than those intended by USpain for its users according to the terms and conditions of this agreement, as noted in the company IP or in any express or implied purpose or manner as determined by USpain.

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You agree not to reproduce or distribute the company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from USpain.

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In order to make the website and its services available to you, you hereby grant USpain a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the website (referred to hereafter as "your content"). USpain claims no further proprietary rights in your content.

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If you believe that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact USpain via e-mail: info@uspain.online or uspain.valencia@gmail.com.

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User Obligations

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As a user of our website or services, you may be asked to register with us to access certain pages of the website or services. To register, you will be asked to choose a user identifier, which may be your e-mail address or another term, as well as a password. You may also be asked provide additional information, including, but not limited to, your name and/or your institutional affiliation, if any.

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As needed, you may be asked to submit personal information such as your mailing and billing address, phone number, payment information, and so forth. Any information required to use the website or any of its pages, process a request, or provide you with a service will be designated as such at the time of provision. ou may decline to provide any information that is not designated as "required" and continue to use the site and its services according to the terms and conditions in this agreement. You may also decline to provide information specifically designated as "required" with the understanding that this may affect, delay or prohibit your ability to use the site, its services or for us to process a request of yours.

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You are responsible for ensuring the accuracy of the information you provide to us in order to ensure continued use of the website and its services. Providing false or inaccurate information, or using this site and its services to further fraud or unlawful activity is grounds for immediate termination of this agreement.

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We will not share, sell or rent any of your information to any third party that is not necessary for the access, maintenance, provision or improvement of this site and its services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, Yyou agree to notify USpain immediately in writing. E-mail notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping USpain apprised of any changes to your identifying information. 

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For further information about our collection, storage and use of your information, see our Privacy Policy.

 

Acceptable Use

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You agree not to use this site and/or services for any unlawful purpose or any purpose prohibited under this clause, nor in any way that could damage USpain, its general business, the website, its services, its company IP or any of USpain's employees, affiliates, associates and/or contacts, either as individuals or as entities, regardless of their own use of this website, its services and company IP.

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You further agree not to use the website and its services:

1. To harass, abuse, or threaten others or otherwise violate any person's legal rights;

2. To violate any intellectual property rights of USpain or any third party;

3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

4. To perpetrate any fraud;

5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

6. To publish or distribute any obscene or defamatory material;

7. To publish or distribute any material that incites violence, hate, or discrimination towards any group;

8. To unlawfully gather information about others.

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Reverse Engineering, Security and Spam

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You agree not to undertake any of the following actions:

1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website and/or services;

2. Violate the security of the website and/or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

3. Use the website or any of iys services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails to USpain users.

 

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Indemnification

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USpain does not accept responsibility for the security of your account or content. You agree that your use of the website and its services is at your own risk.

You agree to defend and indemnify USpain and any of its affiliates (if applicable) and hold USpain harmless against any and all legal claims and demands, including reasonable legal aid or attorney fees, which may arise from or relate to your use or misuse of the website or its services, your breach of this Agreement, or your conduct or actions that arise from your use of the site and its services. You agree that USpain shall be able to select its own legal counsel and may participate in its own defense, if USpain wishes.

 

Third-party Links and Content

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USpain may occasionally post links to third party websites or other services. You agree that USpain is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to or from our website.

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Modifications and Variations

 

USpain may, from time to time and at any time without notice to you, modify this agreement. You agree that USpain has the right to modify this agreement or revise anything contained herein. You further agree that all modifications to this agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this agreement.

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1. To the extent any part or sub-part of this agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this agreement shall be considered enforceable and valid to the fullest extent.

2. You agree to routinely monitor this agreement and refer to the effective date posted at the top of this agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this agreement. You agree that your continued use of the website after any modifications to this agreement is a manifestation of your continued assent to this agreement.

3. In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified agreement.

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Service Interruptions

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USpain may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that USpain shall have no liability for any damage or loss caused as a result of such downtime. If you cannot access the website or services, contact USpain via e-mail: info@uspain.online or uspain.valencia@gmail.com.

 

Terminations

 

USpain may terminate this agreement with you at any time for any reason, with or without cause. USpain specifically reserves the right to terminate this agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of USpain or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

 

If you have registered for an account with USpain, you may also terminate this agreement at any time by contacting USpain and requesting termination. At the termination of this agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

 

No Warranties

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You agree that your use of the website and services is at your sole and exclusive risk and that any services provided by USpain are on an "As Is" basis. USpain hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of services, company material and company IP.

 

USpain makes no warranties that the site or services will meet your needs or that the website or services will be uninterrupted, error-free, or secure. USpain also makes no warranties as to the reliability or accuracy of any information on the website or obtained through its services. You agree that any damage that may occur to you, through your computer system, server, hardware, device, software or apps, or as a result of loss of your data from your use of the website or services, is your sole responsibility and that USpain is not liable for any such damage or loss.

 

Limitation of Liability

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USpain is not liable for any damages that may occur to you as a result of your use of the website or services, to the fullest extent permitted by law. The maximum liability of USpain arising from or relating to this agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to USpain in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

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Provisions

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Language

All communications made or notices given pursuant to this Agreement shall be in the English and Spanish languages.

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Jurisdiction, Venue and Courts of Law

Through your use of the website or services, you agree that the laws of the State of Wisconsin shall govern any matter or dispute relating to or arising out of this agreement, as well as any dispute of any kind that may arise between you and the company, with the exception of its conflict of law provisions.

 

In case any litigation specifically permitted under this agreement is initiated, the parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Dane County, Wisconsin. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

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Arbitration

In case of a dispute between the parties relating to or arising out of this agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Dane County, Wisconsin.

 

The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of this agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the state of Wisconsin.

 

Each party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The parties, in agreement with this sub-part of this agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

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Assignment

This agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by USpain, the rights and liabilities of USpain will bind and inure to any assignees, administrators, successors, and executors.

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Severability
If any part or sub-part of this agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this agreement shall continue in full force.

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No Waiver

In the event that we fail to enforce any provision of this agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this agreement will not constitute a waiver of any other part or sub-part.

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Headings for Convenience Only

Headings, sub-headings and numerical lists of parts and sub-parts under this agreement are for convenience and organization, only. Headings, sub-headings and numerical lists shall not affect the meaning of any provisions of this agreement.

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No Agency, Partnership or Joint Venture

No agency, partnership, or joint venture has been created between the parties as a result of this agreement. No party has any authority to bind the other to third parties.

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Force Majeure

USpain is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

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Electronic Communications Permitted

Electronic communications are permitted to both parties under this agreement, including e-mail. For any questions or concerns, please e-mail USpain at the following addresses: info@uspain.online or uspain.valencia@gmail.com.

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