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SABOR A BAJA TERMS & CONDITIONS INTELLECTUAL PROPERTY RIGHTS The content on the Website (“Owner Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Owner, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Owner Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Owner graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Owner in the United States and/or other countries. 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SITE MANAGEMENT Owner reserves the right but does not have the obligation to: A. monitor the Website for violations of this Agreement; B. take appropriate legal action against anyone who, in Owner’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; C. in Owner’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Owner policy; D. in Owner’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Owner’s systems; E. otherwise manage the Website in a manner designed to protect the rights and property of Owner and others and to facilitate the proper functioning of the Website. 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In addition to terminating or suspending your account, Owner reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. MODIFICATIONS To Agreement Owner may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Owner Services after any such modification becomes effective. Owner may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. 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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OWNER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OWNER FOR THE OWNER SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 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NOTICES Except as explicitly stated otherwise, any notices given to Owner shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail. USER DATA Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Owner Services, as well as data relating to your use of the Owner Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Owner Services. You agree that Owner shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Owner arising from any such loss or corruption of such data. ELECTRONIC CONTRACTING Your use of the Owner Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE OWNER SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. MISCELLANEOUS This Agreement constitutes the entire agreement between you and Owner regarding the use of the Owner Services. The failure of Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Owner may assign any or all of its rights and obligations to others at any time. Owner shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Owner's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Owner as a result of this Agreement or use of the Website and Owner Services. Upon Owner’s request, you will furnish Owner any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Owner by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. CONTACT US In order to resolve a complaint regarding the Owner Services or to receive further information regarding use of the Owner Services, please contact Owner as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254. Abril Echavarria Email: email@example.com