This is an agreement made between you and VisaCentro.com, LLC (“VisaCentro.com”) so that VisaCentro.com may process the documents required for you to travel to the United States of America.
Welcome to VisaCentro.com. By using VisaCentro.com and its related sites, services, applications, and tools, (“the site”) you agree to the following terms for use of this site.
This agreement is effective upon acceptance by users of VisaCentro.com. You may only create a user account, use the site, or use the tools that are made available to interact with the site, if you have read this agreement, accepted all of its terms, and agreed to be bound by the agreement. You indicate you accept the terms of this agreement when you register for a VisaCentro.com account. If you do not accept all of the terms and conditions of this agreement, then you may not use the site.
This User Agreement shall continue in full force until terminated. You may terminate this Agreement for any reason upon thirty (30) days prior notice to VisaCentro.com. VisaCentro.com reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the site; (b) suspend your access to or use of all or any portion of the site; and (c) terminate this Agreement.
- This User Agreement and any other legal notices published by VisaCentro.com on the site, shall constitute the entire agreement between you and VisaCentro.com concerning its Service.
- No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and VisaCentro.com’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by VisaCentro.com.
- VisaCentro.com reserves the right to amend this User Agreement at its discretion at any time and without notice, and it is your responsibility to review this User Agreement for any changes. When we make changes, we will revise the “last updated” date at the top of the User Agreement.
- Any changes will be effective immediately upon posting on the site. Your continued use of the site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the User Agreement whenever you visit one of our websites.
- The site is controlled and offered by VisaCentro.com from its facilities in the United States of America. VisaCentro.com makes no representations that the site is appropriate or available for use in other locations. Those who access or use the site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- The titles of the Sections in this Agreement are for convenience only and shall not be interpreted to limit or otherwise affect the provisions of this Agreement.
- If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
- Any rights not expressly granted in this User Agreement are reserved.
- You affirm that you have the ability to accept all of the terms in, and linked to, this User Agreement. In other words, you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this User Agreement, and to abide by and comply with this User Agreement.
- You have provided, will maintain, and will promptly update accurate, current and complete registration information, including, without limitation, your legal name, address and telephone number.
- You confirm that you are the authorized signatory of any credit or charge account that you are using to pay any VisaCentro.com Fees, and you will not reverse charges to such an account. Should you or anyone else reverse charges that were incurred through your account, you agree that VisaCentro.com may recover payment at your expense.
- Collection and Taxes. All Fees, Taxes and other charges shall be billed to your credit card at the current international currency conversion rate. You shall be responsible for and shall pay VisaCentro.com all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon ("Taxes"), whether imposed now or hereinafter by any governmental entity.
- You shall promptly pay VisaCentro.com in the event of any refusal of your credit card issuer to pay any amount to VisaCentro.com for any reason. You agree to pay interest at the rate of 4.25% per month on any outstanding balance, together with costs of collection, including attorney’s fees and costs. In the event that you fail to pay any amount in advance, VisaCentro.com may immediately suspend or terminate this Agreement and your access to the site.
- In order to access some features of the site, you will have to create a VisaCentro.com account. You may never use another’s account without their permission. When creating your account, you must provide accurate and complete information.
- You are solely responsible for the activity that occurs on your account, and you must maintain the security of your password and user identification.
- You must notify VisaCentro.com immediately of any breach of security or unauthorized use of your account.
- You must accept all responsibility for any and all activities that occur under your account; and accept all risks of unauthorized access to the Registration Data and any other information you provide to VisaCentro.com.
- You are solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through, or store on the site. You shall be solely responsible for any authorized or unauthorized access to your account by any person. You agrees to bear all responsibility for the confidentiality of Your password and all use or charges incurred from use of the site with Your password.
- Although VisaCentro.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VisaCentro.com or others due to such unauthorized use.
- Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, shill bidding, conducting off-VisaCentro.com transactions, manipulating
Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue VisaCentro.com sites, services, applications, or tools.
- This User Agreement applies to all users of VisaCentro.com.
- You shall be solely responsible for providing, maintaining and ensuring compatibility with the site, all hardware, software, electrical and other physical requirements for Your use of the site, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the site.
- You agree to designate VisaCentro.com as your sole visa expeditor. Any progress made on your on behalf in the scope of work for which VisaCentro.com was contracted, you will be considered in breach of said contract.
- You agree to respond to all communications within 3 business days.
- You agree to provide a photograph for your visa application within 5 business days.
- You agree that from time to time the site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which VisaCentro.com may undertake from time to time; or (iii) causes beyond our control or which are not reasonably foreseeable by VisaCentro.com.
By becoming a client of VisaCentro.com, you designate VisaCentro.com to be your attorney-in-fact and agent, exclusively for the purpose of obtaining travel documents required by the government of the United States of America and its constituent states on my behalf. Except as otherwise limited by applicable law or by this limited power of attorney, VisaCentro.com has full power and authority to perform and may take all necessary actions to exercise, any power herein granted as fully as you might or could do. All acts done under this power by VisaCentro.com shall bind the User, its heirs, devisees, and personal representatives. This power is nondelegable. The User ratifies and confirms that VisaCentro.com shall lawfully have, by virtue of this limited power of attorney, the powers herein granted, specifically, the authority to:
a. represent me before any court or tribunal, state agency, or other entity with jurisdiction over travel to the United States, and receive confidential information regarding travel documentation.
b. employ counsel, advisors or other such persons, firms, or organizations, as deemed necessary or desirable; pay such persons, firms, or organizations such compensation as is deemed reasonable; and determine whether to act on the advice of any such agent without liability for acting or failing to act thereon.
Interpretation and Governing Law This instrument is to be construed and interpreted as a limited power of attorney. This instrument is executed and delivered in the State of Florida, and the laws of Florida shall govern all questions as to the validity of this power and the construction of its provisions.
Third-Party Reliance Third parties may rely on the representations of VisaCentro.com, LLC, my AGENT, as to all matters relating to any power granted to AGENT, and no person who may act in reliance on the representations of AGENT shall incur any liability to me or to my estate, beneficiaries, or joint owners as a result of permitting AGENT to exercise any power prior to receipt of a written notice of revocation, suspension, petition to determine my incapacity, partial or complete termination of this power, or my death. Any third party may rely on a duly executed counterpart of this instrument, or a copy certified by AGENT to be a true copy of the original hereof, as fully and completely as if such third party had received the original of this instrument.
Disability of Principal This Limited power of attorney is not terminated by my subsequent incapacity, except as provided in section 709, Florida Statutes, or any successor provision of law.
Effective Time Period This Limited power of attorney will expire upon the acquisition of the travel documentation requested, written notification by VisaCentro.com, or written notification by User.
Account Termination Policy
- Notwithstanding any of the terms of this agreement, VisaCentro.com reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of its site.
- Without limiting other remedies, VisaCentro.com/we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue VisaCentro.com sites, services, applications, or tools.
- VisaCentro.com will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- VisaCentro.com reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. VisaCentro.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
Waiver of Rights:
In addition to the above waiver, as a condition of each admission into the United States under any US Government program, you agree that the submission of biometric identifiers (including fingerprints and photographs) during processing upon arrival in the United States shall reaffirm your waiver of any rights to review or appeal of a U.S. Customs and Border Protection Officer's determination as to your admissibility, or to contest, other than on the basis of an application for asylum, any removal action arising from an application for admission under any applicable non-immigrant travel programs of the US Government.
Fees and Services
The fees we charge for using our services are listed on our site, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days’ notice by posting the changes on www.VisaCentro.com.com. We may choose to temporarily change the fees for our services for promotional events (for example, free listing Fee Schedule days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.
Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications, and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your account balance.) In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, applications, and tools until full payment is made. VisaCentro.com, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information VisaCentro.com reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us care of Jane W. Muir, Attorney at Law, 2601 Biscayne Boulevard, Miami, Florida 33137. If you wish to dispute the information a collection agency reported to a credit bureau regarding your VisaCentro.com account, you must contact the collection agency directly.
All refunds shall be issued at the sole discretion of VisaCentro.com. All payments otherwise are final and non-refundable. Once VisaCentro.com has commenced working on your application all fees become non-refundable. If you decide to continue your application elsewhere once work has commenced, no refunds will be issued.
To protect against the risk of liability, VisaCentro.com has at times requested, and may continue to request, holds of user funds.
Permissions and Restrictions
While using VisaCentro.com sites, services, applications, and tools, you will not:
violate any laws, third party rights or our policies;
use our sites, services, applications, or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
circumvent or manipulate our fee structure, the billing process, or fees owed to VisaCentro.com;
circumvent any VisaCentro.com policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
transfer by any manner any VisaCentro.com application or your VisaCentro.com account (including Feedback) and your ID to another party without our consent;
distribute viruses or any other technologies that may harm VisaCentro.com, or the interests or property of VisaCentro.com Users;
export or re-export any VisaCentro.com applications, or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from the VisaCentro.com sites, services, applications, or tools or VisaCentro.com’s copyrights and trademarks;
commercialize any VisaCentro.com application or any information or software associated with such application; or
harvest or otherwise collect information about Users, including email addresses, without their consent.
You agree not to distribute in any medium any part of the site or the Content without VisaCentro.com’s prior written authorization, unless VisaCentro.com makes available the means for such distribution through functionality offered by the site.
You agree not to alter or modify any part of the site.
You agree not to access Content through any technology or means other than explicitly authorized means VisaCentro.com may designate.
You agree not to use the site for any of the following commercial uses unless you obtain VisaCentro.com’s prior written approval, including but not restricted to:
o the sale of access to the site; o the sale of advertising, sponsorships, or promotions placed on or within the site or
o the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the site, unless other material not obtained from VisaCentro.com appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include any use that VisaCentro.com expressly authorizes in writing.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the site in a manner that sends more request messages to the VisaCentro.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, VisaCentro.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
VisaCentro.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the site, nor to use the communication systems provided by the site (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the site with respect to their Content.
- In your use of the site, you will comply with all applicable laws.
- VisaCentro.com reserves the right to discontinue any aspect of the site at any time.
Authorization to Contact You; Recording Calls
You agree to receive calls, including autodialed and/or pre-recorded message calls, from VisaCentro.com at any of the telephone numbers (including mobile telephone numbers) that we have collected for you, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number or on that mobile device. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
To contact you for reasons relating to your account or your use of our sites, services, application or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My VisaCentro.com.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
You and VisaCentro.com agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the
Statute of Limitations
YOU AND VISACENTRO.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and VisaCentro.com, except as otherwise stated in the User Agreement.
Judicial Forum for Legal Disputes
Unless you and we/VisaCentro.com agree otherwise, you agree that any claim or dispute that has arisen or may arise between you and VisaCentro.com must be resolved exclusively by a state or federal court located in Miami-Dade County, Florida. You and VisaCentro.com agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.
No Assignment Indemnification
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Disclaimer of Warranties; Limitation of Liability, Indemnity, and Legal Disputes.
This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VisaCentro.com without restriction.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VisaCentro.com, its officers, directors, employees, agents and any associated third parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to
the site; (ii) your violation of any term of this User Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Content caused damage to a third party, or (v) your violation of state or federal laws of the United States of America. This defense and indemnification obligation will survive this User Agreement and your use of the site.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VisaCentro.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless VisaCentro.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the site.
You acknowledge that our site processes applications for travel documentation for travel to the United States of America. We are not attorneys and do not offer any legal advice or advocacy. Any guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. that your visa will be approved.)
YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VISACENTRO.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND YOUR USE THEREOF. VISACENTRO.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMA TION AND/OR FINANCIAL INFORMA TION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. VISACENTRO.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VISACENTRO.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THIS SITE AND THE VISACENTRO.COM CONTENT ARE PROVIDED "AS IS" AND VISACENTRO.COM AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. VISACENTRO.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE VISACENTRO.COM CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT VISACENTRO.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE VISACENTRO.COM CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE VISACENTRO.COM CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
VisaCentro.com uses reasonable efforts to ensure the accuracy, correctness and reliability of the VisaCentro.com Content, but we make no representations or warranties as to the VisaCentro.com Content's accuracy, correctness or reliability.
VisaCentro.com offers a search feature within the Site. VisaCentro.com explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. VisaCentro.com also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some U.S. States and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL VISACENTRO.COM, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SITES, OUR SERVICES, OUR STAFF, OUR OWNERS, THE VISACENTRO.COM CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM VISACENTRO.COM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VISACENTRO.COM' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VISACENTRO.COM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VISACENTRO.COM FOR ACCESS TO OR USE OF THE SITE.
IF YOU IS DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the price the item sold for on VisaCentro.com (including any applicable sales tax), (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
Release from Liability
If you have a dispute with one or more Users, you release VisaCentro.com (and any of our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from including but not limited to any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Prohibition of Class and Representative Actions and Non-
YOU AND VISACENTRO.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND VISACENTRO.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER VISACENTRO.COM USERS.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
If any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
Except as/unless explicitly stated otherwise, legal notices shall be served on VisaCentro.com’s national registered agent (in the case of VisaCentro.com) or to the email address you have designated on your account (in Your/User case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My VisaCentro.com profile. In such case, notice shall be deemed given three days after the date of mailing.
a. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
b. Amendment. VisaCentro.com shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to You by email at the address provided to VisaCentro.com by You. Your access to or use of the site after the date such amended terms are delivered to You shall be deemed to constitute acceptance of such amended terms.
c. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or enforceable, shall not be affected thereby, and each term or provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
d. No Waiver. The failure of either party to enforce any provision of this Agreement or exercise any right granted hereby shall not be construed to be a waiver of such provision or right nor shall it affect the validity of this Agreement or any part hereof or limit in any way the right of either party subsequently to enforce any such provision or exercise such right in accordance with its terms. All rights and remedies that any party may have at law, in equity or otherwise upon breach of any term or condition of this Agreement, shall be distinct, separate and cumulative rights and remedies and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other right or remedy.
e. Entire Agreement; Modifications. This Agreement contains the entire agreement between the parties hereto with respect to the matters herein contained and any agreement hereafter made shall be ineffective to effect any change or modification, in whole or in part, unless such agreement is in writing and signed by the party against whom enforcement of the change or modification is sought.
f. Governing Laws. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO LAWS AND PRINCIPLES RELATING TO CONFLICTS OF LAW. Any judicial proceeding brought against any of the parties hereto on any dispute arising out of this Agreement or any matter related hereto may be brought in the courts of the State of Florida or in the United States District Court for the Southern District of Florida and, by execution and delivery of this Agreement, each of the parties hereto accepts the jurisdiction of such courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. Each party hereto agrees that service of any process, summons, notice or document by United States registered mail to such party’s address set forth in Section 15 above shall be effective service of process for any action, suit or proceeding in Florida with respect to any matters for which it has submitted to jurisdiction pursuant to this Section 10(c).
g. Waiver of Jury Trial. THE PARTIES TO THIS AGREEMENT EACH HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION (I) ARISING UNDER THIS AGREEMENT OR (II) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS RELATED HERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE. THE PARTIES TO THIS AGREEMENT EACH HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT THE PARTIES TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
j. No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring either party hereto by virtue of the authorship of any of the provisions of this Agreement.
k. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or shall be construed to give any person other than the parties to this Agreement and their respective heirs, executors, administrators, successors or permitted assigns any legal or equitable right, remedy or claim under or in respect of any agreement or any provision contained herein.
l. Applicable Law and Venue. Any dispute relating in any way to your use of the Site or the VisaCentro.com Content shall be submitted to confidential arbitration in Miami-Dade County, Florida, except that, to the extent you have in any manner violated or threatened to violate VisaCentro.com' intellectual property rights, VisaCentro.com may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration
Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
VisaCentro.com’s service is protected by intellectual property laws and international intellectual property treaties. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“content”), is owned by VisaCentro.com LLC, its licensors, or its third-party partners. All elements of the site, including the content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.