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Site User Agreement


Welcome to El Mall de la Esquina. We hope you find this website fun and easy to use and that you will visit us often. Our services and offerings are set forth below and in the footers and links posted herein. This website and its offerings are not intended for individuals under 18 years old.

1.    Description of Services. This website ("Site") will contain offerings for the purchase of products and other items, services and experiences that are supplied by various brand merchants and suppliers ("Businesses"). Before making purchases, you will need to register as a member and agree to the terms set forth below (which terms incorporate by reference any terms linked to specific products or other offerings, our Privacy Policy, and any other terms posted on the Site). As part of your registration, you will give us certain personal information, which will be used by us in accordance with our Privacy Policy and to establish an account for you ("Account"). Your registration and use of the Site will signify your continued agreement to such terms. If you do not agree to the terms of this Agreement, you may not use the Site in any way. As used herein, the terms "us", "we" and "El Mall de la Esquina" refer to El Mall de la Esquina . By agreeing to the terms of this Agreement, you are also consenting to receive marketing and advertisement e-mails from us from time to time. You may opt out of these emails by logging into your account and updating your email preferences under the "My Account" tab.

2.    Prices. All offers are priced in U.S. dollars and are intended to be valid only in the United States. Applicable taxes will be added to all stated purchase prices prior to checkout. Any Business’s suggested retail price posted on this Site will have been verified in good faith with the Business by El Mall de la Esquina prior to posting, but El Mall de la Esquina does not guarantee the listed savings associated with any order.

3.    Your Account - Changes to These Terms - Terminations. In establishing an Account, you represent that you are of legal age to form a binding contract. You are responsible for maintaining the confidentiality of your Account and any ID or password issued to you and for restricting access to your computer. You agree to notify El Mall de la Esquina immediately of any unauthorized use of your Account or any other breach or potential breach of security. You may cancel your Account at any time. Upon any membership or Account cancellation for any reason, you will only be responsible for any unpaid amounts associated with prior purchases. Any cancellation or termination of your Account will result in forfeiture of any credits that may have been applied thereto. We may change these terms (and/or any agreements, policies or other terms referenced, incorporated or linked to herein) from time to time on a going-forward basis, and the current terms will always be posted on this Site. If you do not agree to these terms at any time, you should not conduct any more transactions or participate in any other activity through the Site. Your use of the Site after any such changes indicates that you agree to such changes. We may discontinue all or any portion of the services offered (or your Site participation or Account) at any time.

4.    VP Offers. From time to time we will present to members special offers (“VP Offers”) to purchase products, services or unique experiences from various Businesses.

Standard VP Offers: “Standard VP Offers” will allow you to purchase goods or services at a price that is lower than the value you will receive. The amount you pay is the “Paid Value” and the additional value you receive is the “Promotional Value”. (For example, if you buy a restaurant voucher for $50 that provides you with $75 of value for that restaurant, the Paid Value is $50; the Promotional Value is $25 and the “Full Value” is $75.) If we confirm your purchase of a Standard VP Offer, we may send you a voucher or code (a “VP Offer Voucher”) through the method set forth in the VP Offer or on or through the Site. Subject to applicable law, the Standard VP Offer you purchase may expire after a certain period (the "Expiration"), and after that period you may no longer be able to redeem its Full Value. It is important that you use the VP Offer Voucher to redeem the Full Value of the Standard VP Offer with the relevant Business before any stated Expiration. Unless otherwise specified in specific VP Offer Terms, in the event you do not redeem the Standard VP Offer before any stated Expiration, you will lose the Promotional Value but the Paid Value will be converted into a credit that you may use at the relevant Business for the length of time as required by applicable law. Conversion of the Paid Value into a credit shall constitute your sole remedy in the event you do not redeem a Standard VP Offer before any stated Expiration.

Special VP Offers: Special VP Offers may be for a specific activity scheduled on a specific day (e.g., tickets to a performance on a specific date or an exclusive and unique experience) and may or may not have a Promotional Value and a Paid Value but may instead be offered at a stated price. In the event that you do not redeem a Special Offer on that specific date, that Special Offer will no longer be available and we have no responsibility to provide you with a credit in the amount of the purchase price.

General VP Offer Terms: Each VP Offer is subject to its own terms (“VP Offer Terms”). Until your purchase is confirmed, we may withdraw any VP Offer. The VP Offer Voucher may have additional terms, conditions and/or restrictions which will be posted on the Site at the time the VP Offer is made. To obtain the goods or services from the Business, you must provide the VP Offer Voucher to the Business in the manner described in the VP Offer or as communicated by us to you electronically. Any VP Offer specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law. The VP Offer

Terms include any restrictions and conditions set forth on the VP Offer page of the Site (incorporated herein by reference) and the following:
•    Unless otherwise specified in specific VP Offer Terms, all Offer sales are non-refundable.
•    VP Offer cannot be redeemed on same day as purchase, unless otherwise specified in specific VP Offer Terms.
•    VP Offer available while supplies last.
•    Blackout dates may apply.
•    VP Offers (including, but not limited to, any discounts) expire on the date specified on the VP Offer page, except that the Paid Value of Standard VP Offers will be available to you as a credit with the Business for no

      less than fiveyears, unless otherwise stated herein or in specific VP Offer Terms.
•    VP Offer may not be applied to any applicable sales or use tax or to shipping and handling charges or combined with any other offers, coupons or promotions unless otherwise specified by Business.
•    VP Offer must be redeemed in its entirety at time of initial redemption or in one visit (as applicable). Cannot be used for multiple visits, unless otherwise specified in specific VP Offer Terms or by Business.
•    VP Offer may be withdrawn until purchase is confirmed.
•    If you redeem an amount less than the value of the VP Offer, you will forfeit any remaining amount, except as provided in the VP Offer Terms, and except as required by law.
•    VP Offer cannot be redeemed for cash, except as required by law.
•    Business cancellation/re-scheduling policy applies to redemption of VP Offers. Visit Business’s website or call Business for complete details.
•    You may be required to sign consent, release or other forms required by Business to participate in activity.
•    If you incur additional costs or purchase additional services from Business beyond the value of the VP Offer, you are responsible for such costs at time of visit and must use a form of payment acceptable to the Business.
•    Neither El Mall de la Esquina nor the Business is responsible for lost or stolen VP Offer Vouchers, or for any VP Offer Vouchers not received by you for any reason, including, but not limited to, an invalid email address or emails

     caught in a spam filter.
•    Reproduction, sale or trade of a VP Offer Voucher is prohibited.
•    Any attempted redemption not consistent with the VP Offer Terms will render the VP Offer Voucher null and void.
•    VP Offer is limited to the activities, services or products described, unless otherwise specified by Business.
•    All purchases of VP Offers for restaurants may have limitations on the amount of the VP Offer value that can be redeemed for alcoholic beverages.
•    Business is the seller of record for the VP Offer and is solely responsible for it and for the offered services/goods/activities. El Mall de la Esquina is merely selling the VP Offer on behalf of the Business, and the

     applicability and compliance with any relevant law is solely determined by the Business, and El Mall de la Esquina has no role in such determination or action on the part of the Business.
•    El Mall de la Esquina is not responsible for any injuries, illnesses, damages, claims, liabilities and costs suffered by you in connection with the purchase or redemption of the VP Offer, or receipt of (or failure to receive) any service

     or product, or participation in any activity purchased.
•    Void to the extent prohibited by law.

In the event of any conflict between these General Offer Terms and the terms stated on the VP Offer page, the terms stated on the VP Offer page shall govern except to the extent such terms are prohibited by applicable law.

5.    Referrals. You will be permitted through our Referrals feature to receive account credits for referring friends and family members to El Mall de la Esquina through your personalized link. This feature will allow you to send a link to us through e-mail, and may also allow you to post a link on your Facebook wall, on a Twitter tweet or on another web page. However, the mass recruitment to unknown persons by any means is prohibited. You will receive a credit to be applied to a future purchase if you refer someone who has not registered with El Mall de la Esquina before and who uses your referral link to register and make a purchase (or purchases) of at least $50. Referrals should disclose to your friend or family member that you may earn a credit; otherwise you may not be awarded the credit. If the referred person uses a link from another referral to register and make their first purchase, or registers through your link but does not make a purchase, you will not be awarded the credit. If a purchase is made but is thereafter cancelled or returned, you will not be awarded the credit. Credits awarded through this feature will be posted to your Account within six (6) weeks of the applicable purchase and expire one (1) year after they have been granted. Credits are not redeemable for cash or any other value and will expire when your Account is terminated for any reason. You can review your Account to see how many credits you have. All information submitted by you in connection with any referral will be subject to our Privacy Policy.

6.    Member Content We may offer members the ability to post content (comments, photos, graphics, videos or other content) on or through the Site, by way of a blog, message board, or other interactive service (“Member Content”). By placing any Member Content on the Site (or through the Site on social media or other platforms, such as Facebook, Twitter, etc.), the Member grants to El Mall de la Esquina and its designees the right to use and exploit the same for any and all purposes and grants El Mall de la Esquina and its designees, a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, publish, distribute, and display such content (together with the associated name you submit) throughout the world in any media, without remuneration or compensation therefor. We may refuse or remove any Member Content from the Site. You agree that you will not supply any Member Content that is not owned or controlled by you or that (a) is unlawful, untruthful, harmful, defamatory, obscene or deceptive, (b) is invasive of another's privacy or impersonates another, or (c) contains software viruses, political campaigning, advertisements or other commercial solicitations, mass mailings, or any form of "spam". Our policy will be to terminate the Account of any member who infringes the copyright of another.

7.    Site Ownership - License. The content and compilation of content on the Site is the exclusive property of El Mall de la Esquina and its licensors and protected by U.S. and international copyright laws. El Mall de la Esquina grants you a limited license to access and make personal use of this Site. However, you may not download, manipulate or modify it, or any portion of it, without our express written consent. This license does not include any resale or commercial use of this Site or any of its contents, and you may not reproduce, copy, sell, resell, access or otherwise exploit all or any portion this Site for any commercial purpose without our express written consent. You may not use or reproduce El Mall de la Esquina's name, trademarks, service marks or logos or frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including for example any images or the look and feel) of El Mall de la Esquina without our express written consent. El Mall de la Esquina is a registered trademark of El Mall de la Esquina.com. The Site, including but not limited to its graphics, logos, page headers, icons and service names constitute the property of El Mall de la Esquina and its affiliates. Other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by El Mall de la Esquina. Any images of persons or personalities contained on the Site are not an indication or endorsement of El Mall de la Esquina or any particular product unless otherwise indicated.

8.    Copyright Infringement. El Mall de la Esquina respects the intellectual property of others. If you believe in good faith that any material provided through the Site infringes upon your copyright, you may request that the material or access to the material be removed pursuant to the Digital Millennium Copyright Act (DMCA), by providing our Designated Copyright Agent with information in writing as indicated in our notice and procedure for making claims of copyright infringement. For more general information, also see 17 U.S.C. 512(c)(3) and http://www.copyright.gov and the text of the DMCA.
In your infringement notification, you must include all of the following information:
•    Physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner.
•    Sufficient identification of the copyrighted work that is allegedly infringed;
•    Sufficient identification of the allegedly infringing material;
•    Sufficient information as to the location of the allegedly infringing material so it may be found on the Site and identified;
•    Information identifying the copyright owner(s) or person authorized to act on behalf of the copyright owner, including name, physical address, telephone number, and, if possible, email address;
•    A written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
•    A written statement that the information provided in your notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If you believe in good faith a notification of copyright infringement has been wrongly filed against you (e.g. in relation to one of your posts), you may send El Mall de la Esquina a counter-notification.
Include all of the following information in your counter-notice:
•    Your physical or electronic signature;
•    Sufficient identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
•    A written statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
•    Your name, address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is located outside of the United States, that you consent to any judicial district in which El Mall de la Esquina may be found, and that you will accept service of process from the person who provided notification under 17 U.S.C. 512(c)(1)(C) or an agent of such person.

After we receive your counter-notification, we may forward it to the party who submitted the original claim of copyright infringement. Note that if we forward that counter-notification, it may include your personal information. By submitting a counter-notification, you consent to having your information revealed in this manner.
All DMCA notifications with respect to El Mall de la Esquina should be sent to the El Mall de la Esquina Copyright Office. El Mall de la Esquina suggests that you consult your legal advisor before you file a notification or counter-notification. El Mall de la Esquina shall not be liable to you under any circumstances for declining to replace material. Also, be aware that you may be liable for damages, including costs and attorney’s fees, if you knowingly make false claims under the DMCA.

Send your notification to us
All notifications of claimed copyright infringement and counter-notifications must be sent to El Mall de la Esquina Copyright Office using the following contact information:
El Mall de la Esquina LLC.
Attention: Copyright Office
2267 Setter Run Ln – Suite 110
State College, PA 16801
USA
support@elmalldelaesquina.com
1-814-753-0801

9.    Disclaimer of Warranties and Limitation of Liability. Each Business is the supplier of the products, services, experiences and items presented on this Site, and each Business, and not El Mall de la Esquina, shall be fully responsible for compliance with applicable law related thereto and for any and all injuries, illnesses, damages and liabilities caused by or arising in respect of any such products, services, experiences or items. You hereby release El Mall de la Esquina from any liability related to the foregoing. All offers and activities are void where prohibited by law. Items pictured on this Site may not necessarily reflect exact colors or appearances of actual items due to digital reproduction variations and/or variations by a Business. We do our best to display products as accurately as possible. El Mall de la Esquina and its service providers disclaim any and all responsibility or liability for the accuracy, content or legality of information or material provided on or through the Site. Neither El Mall de la Esquina nor its service providers shall be responsible for computer or network connections, transmissions, failures or other technical malfunctions. The Site may not always be virus or error-free, other than as may be provided by a business, all goods, information, products, experiences and services included in or obtained through the site, are provided "as is," with no warranties. El Mall de la Esquina and its service providers expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, accuracy, system integration, fitness for a particular purpose or use, and non-infringement of proprietary rights. If you download or otherwise obtain content or data from the site, you do so at your own risk and you are solely responsible for any associated damages to your computer or loss of data. El Mall de la Esquina and its service providers shall not be liable to any member for any indirect, incidental, consequential, special, exemplary, or punitive damages whether any claim is based on warranty, contract, tort (including negligence), or otherwise, (even if El Mall de la Esquina and/or its service providers shall have been advised of the possibility of such damages). Neither El Mall de la Esquina nor its service providers will be liable for any damages arising from the transactions between you and third party businesses or service providers. El Mall de la Esquina’s and its service providers’ total liability for any particular claim arising from or related to the site is limited to the amount actually paid by you with respect to such claim. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

10.    Indemnification. You agree to indemnify, defend and hold harmless El Mall de la Esquina, our service providers and our and its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees that such parties may incur as a result of or arising from any Member Content that you post, email or otherwise make available on the Site or as a result of your violation of this Agreement.

11.    Governing Law; Arbitration. The laws of the State of New York, excluding its conflicts-of-law rules, shall govern the relationship between you and us. You expressly agree that exclusive jurisdiction for any claim or dispute relating in any way to your use of the Site will lie in the courts of the State of New York. Any dispute between us will be resolved exclusively by arbitration. Arbitration may be initiated by you or us filing a claim with the American Arbitration Association (“AAA”) or JAMS. If you select one of these organizations, we will honor your choice. If either of these organizations is unavailable, an arbitrator may be appointed pursuant to the Federal Arbitration Act. Disputes shall be arbitrated on an individual basis. There shall be no right to arbitrate on a class action basis or on behalf of the general public or other person similarly situated.
Any cause of action arising out of or related to this Agreement or the Site must commence within 2 years after that cause of action arose, otherwise that cause of action is permanently barred.

12.    Third Party Sites. This Site or third parties may provide links to other online sites, tools or resources. El Mall de la Esquina and its service providers have no control over such sites, tools or resources. If you decide to use third-party sites or third-party tools through this Site, you do so at your own risk, and you alone are responsible for all such access and use. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website.

13.    Electronic Communications. You consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a written document. The foregoing does not affect your non-waivable rights. No waiver by us shall have effect unless such waiver is set forth in writing, signed by the party to be charged.

©2012 El Mall de la Esquina LLC.  All rights reserved.


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