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  1. ENTIRE AGREEMENT

    The terms here in set forth the entire agreement (“Agreement”) between the advertiser specified herein (Advertiser) and Metro Hispanic Media, LLC (Publisher) with regard to Advertiser‘s use of Publisher‘s Metroclave program, unless changes are made in writing and signed by Advertiser and Publisher.

    Metro Hispanic Media LLC d/b/a metroclave.com™ (“metroclave.com™”) is not responsible for any inaccurate information posted on this website. Members post such information and we do not review or verify it. All content provided on this website is the sole responsibility of the person who posted it. metroclave.com™ may change the services and information contained on this website at any time without notice.

    All offers, coupons, discounts, sales, clearances, promotions, and the like on this site are subject to change without notice. As a service to its users, metroclave.com™ may allow third party vendors to post online coupons on this website. metroclave.com™ and its features such as super checks / online coupons provide an advertising service for third party vendors to independently create offers, coupons, discounts, sales, clearances, promotions, and the like. metroclave.com™ has no control over the legality of any coupons or other offers made by vendors, the ability of any of the vendors to complete the sales in accordance with the offers, or the quality of the goods and/or services offered by the vendors. metroclave.com™ has no control over whether vendors will honor the offers shown on this site and does not guarantee the accuracy or completeness of the information contained within this site. If you have a dispute with a vendor in any way relating to this site, you agree to waive and release metroclave.com™ from any and all claims, damages, losses, costs or expenses of every kind related to that dispute. Before participating in any offers and/or promotions, please read the fine print associated with it and verify independently that any vendor you are doing business with is legitimate and reputable.

    metroclave.com™ is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email, on account of technical problems or traffic congestion on the Internet or on any website or combination thereof.

    This website may include hyperlinks to other websites or content. We do not control and are not responsible for any websites or content provided by persons or entities other than metroclave.com™.

    The content on this website may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide such content. metroclave.com™ owns all right, title, and interest in and to this website. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any information posted on this website. Nothing herein gives you the right to use any metroclave.com™ trade names, trade marks, service marks, logos, domain names, or other distinctive brand features. No license to any intellectual property has been granted by your access to this website.

    You agree to comply with all federal, state and local statutes, regulations, rules, and ordinances in using our website. You agree not to use this website in anyway that is inappropriate, offensive, defamatory, unlawful, harassing, or abusive. You agree not to alter or modify any part of this website or engage in any activity that interferes with or disrupts this website.

    Reference to any products, services, processes, or other information, by trade name, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by metroclave.com™.

    We may terminate your access to this website at any time. We will not provide you any notice prior to terminating your access.

    YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED AS IS AND WITH ALL FAULTS. metroclave.com™ HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AS TO THE ACCURACY, AVAILABILITY OR CONTENT OF THIS WEBSITE, OR ANY WARRANTY AGAINST COMPETING CLAIMS INCLUDING INTERFERENCE OR INFRINGEMENT.

    IN NO EVENT WILL metroclave.com™ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, metroclave.com‘s™ LIABILITY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US.

    metroclave.com™ IS LOCATED IN THE STATE OF MARYLAND, UNITED STATES OF AMERICA, AND THIS WEBSITE IS OPERATED OUT OF THE STATE OF MARYLAND, UNITED STATES OF AMERICA. YOUR INTERACTION WITH metroclave.com™ INCLUDING YOUR USE OF THIS WEBSITE SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, APPLICABLE FEDERAL LAW, THE REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION, THE LAWS AND REGULATIONS OF THE STATE OR COUNTRY WHERE THE PRODUCT OR SERVICES ARE RECEIVED, OR ANY INTERNATIONAL TREATIES. YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE FOR ANY LITIGATION ARISING FROM OR RELATING TO YOUR INTERACTION WITH metroclave.com™ AND YOUR USE OF THIS WEBSITE, INCLUDING ALL CONTENT CONTAINED WITHIN IT, SHALL BE THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURT. YOU AGREE TO ACCEPT SERVICE OF PROCESS PURSUANT TO MARYLAND RULES AND PROCEDURES.

    YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY LAWSUIT BROUGHT AGAINST metroclave.com™.
  2. METROCLAVE “KEYWORD”

    The Metroclave “Keyword” is licensed to Advertiser pursuant to the terms of this Agreement. All rights, including ownership of Keyword and Content page is the property of and owned by Publisher. The Keyword is Non-transferable and non-assignable by Advertiser. Publisher reserves the right to terminate or change Keyword and functions of Content Page at any time in its sole discretion. Metroclave Keyword can only be use on the www.metroclave.com website without Publisher‘s written consent.
  3. SIGNER‘S WARRANTY

    The person signing in behalf of the Advertiser: (1) represents and warrants that he/she has the authority to enter into this Agreement on behalf of the Advertiser, and (2) that the Advertiser shall be legally bound to all provisions of this Agreement.
  4. ADVERTISER‘S WARRANTIES AND RESPONSIBILITIES

    The Advertiser and warrants that the Advertiser is authorized and has the right: (1) to provide the product or service to be advised; and (2) to use any copy, illustration, personal or corporate name, copyrighted material, graphic or pictorial reproduction, trade names, trademarks, endorsed, language and any other items used in the advertising pursuant to this Agreement, including but not limited to its selected Metroclave Keyword. The Advertiser agrees to indemnify and defend Publisher and its affiliates, representatives and agents (and the publication publisher if different) from any and all damages, including attorney‘s fee arising out of any breach of this representation and warranty. The Advertiser assumes sole responsibility for protection of its copyright, trademark or other right or interest in any copy, illustration; language any other items used in advertising under this Agreement Advertiser agrees to give prompt written notice to the Publisher of any changes to its telephone numbers, names or addresses.
  5. PUBLISHER‘S PREROGATIVE

    a. All advertising including contend in Advertiser‘s Metroclave Content Page is subject to Publisher‘s acceptance and approval. Publisher reserves the right, but not the obligation, to reject, modify, edit or suspend the material on the Content Page at any time.

    b. Publisher does not represent or warrant: (1) that advertising will appear in any particular order or page; or. (2) that advertising will appear in a particular position relative to other advertising. Publisher reserves the right to exercise the usual publisher‘s prerogative including, but not limited to fonts, spacing, layout, options and style of the Content Page.

    c. TThe Advertiser acknowledges that Publisher own the copyright and the advertising (including any art work, photo print, copy , illustrations or other items created by Publisher or its representatives) and on Publisher publications and agrees that the Publisher may reuse advertising (or parts thereof) in other directories, products media.

    d. Publisher is not responsible for delays in launching the full operation of the Metroclave website functions, or downtime of the Metroclave website, and the same may be change, modified and terminated from time to time in the Publisher‘s discretion.
  6. TERMS & PAYMENT

    a. The costs for participation in the Metroclave Program shall be as stated in this Agreement, and is exclusive of the amounts paid by Advertiser for its advertising in Publisher‘s other publications, including “Paginas Amarillas Latinas” (“Metroclave Total Fee”). Unless otherwise stated, the term of this Agreement shall be one year.

    b. Except as otherwise expressly provided in this Agreement, the Metroclave Total Fee shall be due and payable at the time of the signing of this Agreement.

    c. If advertiser fails to pay balance due on the Metroclave Total Fee herein, in addition to being liable for the total balance outstanding in the Metroclave Total Fee, Advertiser shall be liable for payment of all collections cost, including but not limited to attorney‘s fees incurred by Publisher, and interest of 1.5% per month (18% per year) on any unpaid balances 30 days past due.
  7. PUBLISHER‘S ERRORS AND OMMISSIONS

    Advertiser agrees that for any error omissions, or any breach of this Agreement by Publisher for which the Publisher may be responsible shall result in credit only, as determined by Publisher; the amount of credit would depend upon severity of such error, omission or breach. If that advertisement does not run all or the main phone number is listed, and/or content appears differently than as provided by the Advertiser due solely to Publisher‘s fault, a full credit of the Metroclave Total Fee will be given. If the advertisement runs, but contains other material errors due solely to Publisher‘s fault, a credit in the amount not to exceed 25% of the Metroclave Total Fee, as determined by the Publisher will be granted. The Publisher shall not be liable for errors or omissions in advertisements, or for any tort or contract claims, or any breach of this Agreement in any amounts in excess of the amount of the Metroclave Total Fee. The credit provided for herein shall constitute the sole and exclusive remedy for Advertiser, and under no circumstances shall the Publisher be libel for any other liability or damages to Advertiser, including, but not limited to, any actual, direct, indirect consequential or incidental damages.
  8. CONTENT / ARTWORK

    a. Advertiser shall provide to Publisher such information in such format at the Publisher may request for use in the Metroclave Program. Advertiser is fully responsible and liable for their own content and to monitor the same from time to time. Pictures and artwork which Advertiser my upload may be modified by Publisher to optimize it for web-viewing purposes.

    b. In the event Publisher requests the Advertiser to review any content, artwork, or other item which may be displayed in the Advertisers Content Page (“Artwork”) for approval, if any changes or corrections are requested it shall be in writing, by personal delivery, certified mail or fax within 5 days of the request. Should no written request be received, the Publisher may assume and rely upon the fact that the Artwork is deemed acceptable and approved.
  9. TERMINATION

    a. After three (3) days from the date of this Agreement, this Agreement shall not be subject to cancellation by the Advertiser. Attempts to cancel or failure to supply copy information and/or copy approvals at the time designated by Publisher before application constitutes breach of this Agreement and the Advertiser‘s Metroclave Total Fee shall become immediately due and payable in full. In the event of a breach by the Advertiser of this Agreement, or any other agreements or financial obligations it may have to the Publisher, including “Paginas Amarillas Latinas”, Publisher has and reserves the right to suspend or terminate the Advertisers participation in the Metroclave Program, including shutting off access to the Advertiser‘s Content Page and Advertiser shall remain liable for the Metroclave Total Fee, plus any sums owing to third parties arising from the breach, and Publisher‘s attorney‘s fees, cost and expenses associated with the breach and/or any Publisher‘s collection efforts. In the event Advertiser asserts a claim against Publisher and is not completely successful, Advertiser shall pay all of Publisher attorney‘s fees, cost and expenses associated with the Publisher‘s defense against such claims.

    b. Should Advertiser cease his/her/its business operations before publication of “Paginas Amarillas Latinas”, Publisher shall have the right to require immediate payment of the Metroclave Total Fee.
  10. Disclaimer: For Website and functions, including supercheck….

    The disclaimer contained below governs the use of metroclave.com superchecks. By using this website and any or all of the information contained on this website, you agree to the terms listed below.

    All offers, coupons, discounts, sales, clearances, promotions, and the like on this site are subject to change without notice. As a service to its users, metroclave.com™ may allow third party vendors to post online coupons on this website. metroclave.com™ and its features such as super checks / online coupons provide an advertising service for third party vendors to independently create offers, coupons, discounts, sales, clearances, promotions, and the like. metroclave.com™ has no control over the legality of any coupons or other offers made by vendors, the ability of any of the vendors to complete the sales in accordance with the offers, or the quality of the goods and/or services offered by the vendors. metroclave.com™ has no control over whether vendors will honor the offers shown on this site and does not guarantee the accuracy or completeness of the information contained within this site. If you have a dispute with a vendor in any way relating to this site, you agree to waive and release metroclave.com™ from any and all claims, damages, losses, costs or expenses of every kind related to that dispute. Before participating in any offers and/or promotions, please read the fine print associated with it and verify independently that any vendor you are doing business with is legitimate and reputable.

    Metroclave.com will make every effort to provide current and accurate information for all of the listed merchants for your shopping pleasure.