EscapeLatino.com Web site Terms of Use and Notices

This is an agreement ("Agreement") between you and Xela Group, LLC DBA EscapeLatino.com (“EscapeLatino.com”). This Agreement governs your use of any Web Site or Web Page operated by EscapeLatino.com. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

ESCAPELATINO.COM OFFERS THE ESCAPELATINO.COM WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE ESCAPELATINO.COM WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

EscapeLatino.com reserves the right to change the terms, conditions, and notices under which it offers the EscapeLatino.com Web Site, including any charges associated with the use of the EscapeLatino.com Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any EscapeLatino.com Web Site or Web Page. Your continued use of the EscapeLatino.com Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

Any EscapeLatino.com Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that EscapeLatino.com Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a EscapeLatino.com Web Site, then the terms in this Agreement shall control.

The EscapeLatino.com Web Site is only for your personal use. You will not use the EscapeLatino.com Web Site for commercial purposes. You will not use the EscapeLatino.com Web Site in any way that is unlawful, or harms EscapeLatino.com, its affiliates, resellers, distributors, service providers and/or suppliers or any customer of EscapeLatino.com, as determined in EscapeLatino.com's sole discretion. EscapeLatino.com may tell you about certain specific harmful uses in a code of conduct or other notices available through a EscapeLatino.com Web Site, but has no obligation to do so. You may not use the EscapeLatino.com Web Site in any way that breaches any code of conduct, policy or other notice applicable to the EscapeLatino.com Web Site. Without limiting the generality of this section, you may not use the EscapeLatino.com Web Site in any manner that could damage, disable, overburden, or impair any EscapeLatino.com Web Site or interfere with any other party's use and enjoyment of the EscapeLatino.com Web Site.

Without limiting the generality of Section 4, you will not use the EscapeLatino.com Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. EscapeLatino.com may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the EscapeLatino.com Web Site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the EscapeLatino.com Web Site.

For materials you post or otherwise provide to EscapeLatino.com related to the EscapeLatino.com Web Site (a "Submission"), you grant EscapeLatino.com permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the EscapeLatino.com Web Site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. EscapeLatino.com will not pay you for your Submission. EscapeLatino.com may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.

EscapeLatino.com and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the EscapeLatino.com Web Site. EscapeLatino.com and its suppliers do not authorize the use of information available from the EscapeLatino.com Web Site, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. EscapeLatino.com does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the EscapeLatino.com Web Site is intended to constitute professional advice, including but not limited to, investment or tax advice.

ESCAPELATINO.COM PROVIDES THE ESCAPELATINO.COM WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESCAPELATINO.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ESCAPELATINO.COM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ESCAPELATINO.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

IN NO EVENT WILL ESCAPELATINO.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ESCAPELATINO.COM WEB SITE, EVEN IF ESCAPELATINO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE ESCAPELATINO.COM WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ESCAPELATINO.COM WITH RESPECT TO THIS AGREEMENT OR THE ESCAPELATINO.COM WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ESCAPELATINO.COM WEB SITE.

ESCAPELATINO.COM MAY CHANGE THE ESCAPELATINO.COM WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the EscapeLatino.com Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by EscapeLatino.com and persons other than EscapeLatino.com (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT ESCAPELATINO.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT ESCAPELATINO.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ESCAPELATINO.COM WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE ESCAPELATINO.COM WEB SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ESCAPELATINO.COM WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE ESCAPELATINO.COM WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

EscapeLatino.com may terminate this Agreement, or terminate or suspend your access to the EscapeLatino.com Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the EscapeLatino.com Web Site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE ESCAPELATINO.COM WEB SITE MAY NOT BE RETRIEVED LATER.

All claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of the State of Ohio.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. EscapeLatino.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the EscapeLatino.com Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and EscapeLatino.com with respect to the EscapeLatino.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EscapeLatino.com with respect to the EscapeLatino.com Web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

YOU AND ESCAPELATINO.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ESCAPELATINO.COM WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

All contents of the EscapeLatino.com Web Site are Copyright © 2004-2008 Xela Group, LLC and/or its suppliers, 1775 Mentor Avenue, Mailbox 316, Cincinnati, Ohio 45212 U.S.A. All rights reserved. Xela Group, LLC, EscapeLatino.com Web Site and/or other EscapeLatino.com products and services referenced herein may also be either trademarks or registered trademarks of Xela Group, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.