Introduction

Welcome to the Sicaria website (hereafter “Site”). Sicaria LLC provides its services to you subject to the following conditions. By visiting and using Sicaria.com, you agree that you have read and accepted these conditions. If these Terms and Conditions (hereafter “Terms”) conflict with any other documents, the Terms will control for the purpose of the usage of the Site. Certain portions of the Site can only be used if you are a registered Designer. If you do not agree to be bound by these Terms and the Privacy Policy, you may not use the Site in any way.

Your Account

In consideration of your use of the Site, you represent that you are of legal age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. The Sicaria.com service is not available to minors under the age of 18 or to any users suspended or removed by Sicaria for any reason. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sicaria has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sicaria has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Sicaria immediately of any unauthorized use of your account or any other breach of security. Sicaria reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

Access to Reserved Area

Access to and use of the Reserved Area of the Site is restricted to authorized users only. Unauthorized individuals attempting to access this area of the Site may be subject to prosecution.

License and Site Access

Sicaria grants you a limited license to access and make personal use of the Site. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching; unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Sicaria’s sole discretion) an unreasonable or disproportionately large load on Sicaria’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Sicaria to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Sicaria. Additionally, users are prohibited from selling, trading, or otherwise transferring your Sicaria account to another party.

Submitted Content

Sicaria does not claim ownership of any materials you make available through the Site. At Sicaria’s sole discretion, such materials may be included in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Sicaria, solely for the period that this agreement is in effect, a non-exclusive license to use, copy, distribute, publicly display, and modify such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SICARIA OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SICARIA SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SICARIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SICARIA SERVICES, FROM INABILITY TO USE THE SICARIA SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SICARIA SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SICARIA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SICARIA SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SICARIA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SICARIA SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SICARIA SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SICARIA SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some States or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation and exclusions may not apply to you.

Disclaimer

Sicaria is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any Member Content, or to any act or omission by users of the Site, by Sicaria or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by Members does not necessarily reflect the opinions or policies of Sicaria. Sicaria assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Member Content or other Member communications. Sicaria is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member's or other person's computer related to or resulting from participation on or through the Site. THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SICARIA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Unavailability of Site; Termination; Fraud

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account for any reason, including without limitation, breach of this Agreement. If at any time, we notify you that your access to and/or use of the Site or your account are terminated, you must cease and desist from all such access and/or use immediately. In the event your account is terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

Posting on Blog, Community and News, and Social Media Sites

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Sicaria is under no obligation to review any messages, information or content (Collectively, "Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Sicaria may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of Sicaria purporting to speak on behalf of Sicaria or containing confidential information or expressing opinions concerning Sicaria. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Sicaria.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Sicaria.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

External Links and Electronic Communication

Any sites linked to by Sicaria are developed by people over whom Sicaria exercises no control. Clicking on a link from the Site may result in viewing sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a link that you click on will not locate unintended or objectionable content, and Sicaria assumes no responsibility for the content of any site linked to Sicaria.

When you use the Site or send emails to Sicaria, you are communicating with Sicaria electronically. You consent to receive communications from Sicaria electronically. Sicaria will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Indemnification

Member and Sicaria each agrees to indemnify and hold the other harmless from and against any and all claims of any third party which arise out of any act, omission or negligence of the indemnifying party or its respective agents, employees or contractors, in any manner connected with these Terms.

Intellectual Property Rights

Your use of the Site and Sicaria’s service is under license; you will not obtain any ownership interest in any of the Services through these Terms or otherwise. All content included on the Site and delivered to members and visitors as part of the service is the property of Sicaria LLC or its suppliers, partners and sponsors and is protected by United States and international copyright laws. Content shall not be reproduced or used without express written permission from Sicaria. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Sicaria reserves the right to terminate your account hereunder if Sicaria, in its sole and absolute discretion, believes that you are in violation of this clause.

The Sicaria logo and Sicaria.com are trademarks, service marks and the property of Sicaria LLC. The Site, including but not limited to its graphics, logos, page headers, button icons and service names constitute trade dress of Sicaria. The trademarks, service marks and trade dress of Sicaria may not be used or reproduced without prior written approval from Sicaria and may not be used in connection with any product or service that is not affiliated with Sicaria, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Sicaria, or in any manner that disparages or discredits Sicaria. 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 Sicaria. Any images of persons or personalities contained on the Site are not an indication or endorsement of Sicaria or any particular product or our service unless otherwise indicated.

Procedure for Claims of Intellectual Property Infringement

Sicaria respects the intellectual property of others, and we ask our users to do the same. Sicaria may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sicaria the following information:

(i) a description of the copyrighted work or other intellectual property that you claim has been infringed; (ii) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You can submit a notice of claims of copyright or other intellectual property infringement via email to info@sicaria.com or mail to:

Sicaria LLC
P.O. Box 32157
Washington, DC 20007

Survival of Terms

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.

Miscellaneous

From time to time Sicaria may offer special promotional offers, which may or may not apply to your Sicaria account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Sicaria to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Sicaria does not guarantee it will take action against all breaches of these Terms. There shall be no third-party beneficiaries to these Terms. These Terms constitute the entire agreement between you and Sicaria and governs your use of the Site, superseding any prior agreements between you and Sicaria with respect to the Site.

Arbitration

The Terms shall be governed by and construed under the laws of the District of Columbia without regard to its choice of law principles. Should any provision or section of these Terms be found by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and the remaining provisions shall remain in full force and effect.

The parties shall attempt through good faith negotiations to settle any dispute or claim arising out of or relating to this Agreement, or breach thereof. If negotiations are not successful after thirty (30) days from the date written notice is sent by the disputing party to the other party of the details of the dispute, such dispute or claim except for (i) actions seeking a temporary restraining order or injunction; or (ii) disputes involving the Marks of either party, will be resolved by binding arbitration. If the parties do not otherwise agree on an arbitration service, such services, shall be provided pursuant to the J.A.M.S. Arbitration Rules and Procedures. The costs of arbitration, including the fees and expenses of the arbitrator, shall be paid equally by the parties. Each party shall bear the cost of preparing and presenting its case. The parties agree that District of Columbia shall be the location for the arbitration hearing. The parties agree that this Section and the arbitrator’s authority to grant relief shall be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, et seq. (“FAA”), the provisions of this Agreement, and the J.A.M.S. Code of Ethics for Arbitration in Commercial Disputes in accordance with the Rules for Commercial Arbitration of the American Arbitration Association. The decision of the arbitrator shall be final and binding upon the parties. The arbitrator’s power under the applicable arbitration rules shall be limited to the specific powers conferred under the arbitration laws of the District of Columbia. The parties agree that the arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages or damages otherwise limited or excluded in this Agreement. Any arbitration award may be entered as a judgment or order in any court of competent jurisdiction. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorneys’ fees, expert witness fees, and arbitration or court costs.