Thank you for using BestOfSalsa! These Terms of Service ("Terms") cover your use and access to the services, client software and websites ("Services") provided by BestOfSalsa.
You're responsible for your conduct and you must comply with all applicable laws. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.
Our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.
We provide client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via email. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
We may offer paid features to your account. In case of subscription, we'll automatically bill you from the date you subsribe and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
No Refunds. You may cancel your subscription and/or other paid features at any time but you won't be issued a refund.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Shipping and customs. You are responsible for any taxes or customs fees that may be incurred by your purchases. We provide national and international shipping, but it's your responsibility to follow local laws.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for paying accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll attempt to notify you by sending an email to the address associated with your account before we do so.
Service "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BESTOFSALSA AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BESTOFSALSA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BESTOFSALSA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO BESTOFSALSA FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.
You agree to indemnify, defend, and hold BestOfSalsa and its partners, attorneys, employees, agents, and affiliates harmless from any liability, loss, claim, and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions, use of the Services, creation or use of a form, collection, possession, or use of data derived from a form, or any service provided or performed or agreed to be performed, or any product sold by you, your agents, employees, or assigns.
We want to address your concerns without needing a formal legal case. Before filing a claim against BestOfSalsa, you agree to try to resolve the dispute informally by contacting our contact email address. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or BestOfSalsa may bring a formal proceeding.
You and BestOfSalsa agree to resolve any claims relating to these Terms or the Services through final and binding arbitration. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
These Terms will be governed by California law except for its conflicts of laws principles. These Terms constitute the entire agreement between you and BestOfSalsa with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
BestOfSalsa's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. BestOfSalsa may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you by email address associated with your account. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
Last Updated: February 28, 2015.