Latinflutes.com User Agreement THE FOLLOWING DESCRIBES THE TERMS ON LATINFLUTES.COM ACCESS TO OUR SERVICES. YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE. Section 1. Changes LATINFLUTES.COM reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Web Site and any and all features and sections contained therein, with notice to registered users provided via posting to the Website or email, and immediately in the event of technical difficulties. LATINFLUTES.COM shall not be liable to any User or to any third party for any such modification, suspension or discontinuance. Section 2. IP Rights and Ownership The contents of the Web Site, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the Web Site ("Material") are protected by copyright under both United States and foreign laws, and are owned or controlled by LATINFLUTES.COM or by third parties that have licensed their Material to LATINFLUTES.COM. Unauthorized use of the Material may violate copyright, trademark, and other laws. User must retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User may download LATINFLUTES.COM copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of LATINFLUTES.COM and the copyright owner. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Material. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by LATINFLUTES.COM or third parties. User is prohibited from using those Marks without the express, written permission of LATINFLUTES.COM or such third party. If User would like information about obtaining LATINFLUTES.COM permission to use the Material on Your website, e-mail Latinflutes@comcast.net. LATINFLUTES.COM and all related logos, whether or not registered, are trademarks belonging to LATINFLUTES.COM. All rights reserved. All other trademarks appearing on the Web Site are the property of their respective owners. Section 3. Links LATINFLUTES.COM, [or any Member] may provide links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by LATINFLUTES.COM of the contents on such third-party Web sites. LATINFLUTES.COM is not responsible for the content of linked third-party sites. LATINFLUTES.COM exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party Web sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. LATINFLUTES.COM shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge their use of these third party websites is at their sole risk. Section 4. Representations and Warranties - Liability Disclaimers User represents, warrants and covenants that (a) they will use the Web Site for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene or profane in the sole discretion of LATINFLUTES.COM, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of LATINFLUTES.COM). The Material may contain inaccuracies or typographical errors. LATINFLUTES.COM makes no representations warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and User should consult an appropriate professional for specific advice tailored to their situation. USER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT USER'S SOLE RISK. NEITHER LATINFLUTES.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT LATINFLUTES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. Section 5. Disclaimers of Certain Damages IN NO EVENT SHALL LATINFLUTES.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LATINFLUTES.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. UNDER NO CIRCUMSTANCES SHALL LATINFLUTES.COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES. Section 6. Indemnity User agrees to defend, indemnify, and hold harmless LATINFLUTES.COM, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Web Site and any Material contained therein by User or through User's account, or by User's breach of the terms of this Agreement. LATINFLUTES.COM shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding. LATINFLUTES.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User. Section 7. User Information LATINFLUTES.COM is committed to maintaining User privacy. LATINFLUTES.COM does, however, gather certain information that User provides to the Web Site. LATINFLUTES.COM believes that by collecting this information LATINFLUTES.COM is able to provide User with a personalized web experience, and to assist its own sales team and advertisers in efficiently reaching an appropriate audience. The information LATINFLUTES.COM requests, is the minimum we believe necessary to achieve this goal. LATINFLUTES.COM may use the information it obtains relating to User, including User IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to authorized third parties for such purposes. For further details on LATINFLUTES.COM's policies for using User information please read our Privacy Policy [http://www.LATINFLUTES.COM.org/privacy.php]. Section 8. General All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of New York applicable to contracts entered into and performed within the State of New York, without respect to its conflict of laws principles. By using the Web Site, User agrees that the exclusive forum for any claims or causes of action arising out of User's use of the Web Site shall be either any state court for or within New York County in the State of New York and the United States District Court for the Southern District of New York. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between User and LATINFLUTES.COM with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of LATINFLUTES.COM. The section headings used herein are for convenience only and shall not be given any legal import. SPECIFIC TERMS This page states the Terms and Conditions (the "Specific Terms" or the "Agreement") under which any User ("You") may use the LATINFLUTES.COM Web Site located at http://www.LATINFLUTES.COM.org (the "Web Site"). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation or qualification, by both the General Terms & Conditions for use of the LATINFLUTES.COM site, and these additional Member Terms. If User does not accept any of the Terms stated here, he/she must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. The International Council of Shopping Centers ("LATINFLUTES.COM") may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page (http://www.LATINFLUTES.COM.org/terms.htm) periodically to review the Terms. Each User is responsible for all use of his/her information and is responsible for maintaining the confidentiality of his/her password. These Specific Terms and Conditions incorporate the General Terms of Conditions of the LATINFLUTES.COM site by reference. Each User hereby understands that he/she is bound by all General and Specific terms and conditions which may be implemented by LATINFLUTES.COM from time to time. YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE.