Terms and Conditions of Use for Exploratores, LLC
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement.
This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of Exploratores.com (the “Site”) or the services of Exploratores (our “Services”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Exploratores, LLC (the “Company”) upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time on the Site. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by the Company. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site or our Services. Other product and company names mentioned on this Site may be trademarks of their respective owners.
(b) User Supplied Content. By using our Services, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
(c) Personal Use. The Company grants you a limited, revocable, nonexclusive license to use this Site or our Services solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials provided by the Company without their written consent, or use materials, products or services in violation of any law. The use of this Site or our Services is at the discretion of the Company and may terminate your use at any time.
(d) Other Uses. All other use of Content, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without prior express written consent from the Company.
3. Disclaimers.
(a) Disclaimer of Warranties. The information on this site is provided on an “as is,” “as available” basis. You agree that use of this site or our Services are at your sole risk. The Company disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of: merchantability, fitness for a particular purpose, and non-infringement. Your sole and exclusive remedy relating to your use of the Site or our Services shall be to discontinue using the Site.
Furthermore, the Company does not warrant that use of the Site or our Services will be uninterrupted, available at any time or from any location, secure or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. The Company, its subsidiaries, vendors and affiliates disclaim any responsibility for the deletion, failure to store, or untimely delivery of any information or materials, and any material downloaded or otherwise obtained through the Site or from your use of our Services. Use of the Site and our Services are done at your own discretion and risk and you will be solely responsible for any damages to your computer systems or loss of data that may result from the download of such information or material.
(b) Limitation of Liability. The Company shall not be responsible or liable to providers or any third parties under any circumstances for any indirect, consequential, special, punitive or exemplary damages or losses, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses which may be incurred in connection with the Company or the Site, or use thereof, or any of the data or other materials transmitted through or residing on the Site or any Services, or information purchased, received or sold by way of the Site or our Services, regardless of the type of claim or the nature of the cause of action, even if the Company has been advised of the possibility of damage or loss.
4. Children’s Privacy under COPPA.
Exploratores, LLC is committed to protecting the privacy of children under the age of 13 in compliance with the Children’s Online Privacy Protection Act (COPPA). Be informed, by providing any information about your child under the age of 13, you are providing your consent for us to collect such information in compliance with COPPA. You may revoke your consent at any time and we will delete all relevant data from our records. We also will not knowingly share your child’s information with any third-party persons or organizations without your consent. If we become aware that we have inadvertently disseminated your child’s personal data, we will promptly delete such information from our records and notify you as soon as possible. Parents and guardians who believe that their child has provided us with personal information without their consent can contact us at info@exploratores.com to request the removal of that data.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Site. You may not use the Site to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. The Site and our Services are intended for children 6 and older. This website is not intended for any children under the age of 6. For any children under 13, supervision may be required by the Company.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of any of our Services.
(e) Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy. The Company reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
(f) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Iskra Smiljanic who can be reached as follows:
By Mail: Exploratores, LLC
219 East Broad Street, Second Floor
Westfield NJ 07090
By Phone: (908) 913-3141
By Email: iskra@exploratores.com
(g) Applicable Law. You agree that the laws of the state of New Jersey, without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and the Company or its affiliates. Venue shall be in the United States of America.
(h) Arbitration. As part of the consideration that the Company requires for viewing, using or interacting with the Site, you agree for any controversy or claim, including both statutory and common law claims, arising out of or relating to the Site or the validity interpretation, enforceability or breach thereof, which is not settled by agreement between the parties, shall be settled by arbitration in accordance with the rules of the American Arbitration Association then in effect, and judgment upon the award rendered in such arbitration may be entered into any court having jurisdiction. The parties agree to use the expedited rules of the AAA including a hearing before one arbitrator to be held in the county of Union, New Jersey. The parties hereby waive the jurisdictional limit of the expedited rules. The findings of any such arbitration shall be final, conclusive and binding upon the Parties, and may not be appealed to any court. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.
(i) Nondisparagement. You agree that you will not make any disparaging remarks about the Company, its staff or any of its customers, whether orally or in writing, including public defamatory statements that would materially harm the reputation or business activities of the company or such individual(s).
(j) Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
(k) Contact Information.
Exploratores, LLC
219 East Broad Street, 2nd Floor
Westfield, NJ 07090
info@exploratores.com
(908) 913-3141