We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our
Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED
ACTIVITIES " section carefully prior to using our Services to understand
the
(a) rights you give us and (b) obligations you have when you post or upload any content
through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea,
feedback, or other information about the Services ( "Submissions"), you agree to assign to
us
all intellectual property rights in such Submission. You agree that we shall own this
Submission
and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial
or
otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality during which
you
may create, submit, post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material ("Contributions"). Any Submission that is publicly posted
shall
also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and
possibly
through third-party websites.
When you post Contributions, you grant us a license (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell,
publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions (including, without
limitation,
your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to
prepare
derivative works of, or incorporate into other works, your Contributions, and to sublicense
the
licenses granted in this section. Our use and distribution may occur in any media formats
and
through any media channels.
This license includes our use of your name, company name, and franchise name, as
applicable,
and any of the trademarks, service marks, trade names, logos, and personal and commercial
images
you provide.
You are responsible for what you post or upload: By sending us
Submissions
and/or posting Contributions through any part of the Services or making Contributions
accessible
through the Services by linking your account through the Services to any of your social
networking accounts, you:
-
confirm that you have read and agree with our "
PROHIBITED ACTIVITIES " and will not post,
send,
publish, upload, or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any
such
Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you
have
the necessary rights and licenses to submit such Submissions and/or Contributions and
that
you have full authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this
section,
(b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor
any
Contributions, we shall have the right to remove or edit any Contributions at any time without
notice if in our reasonable opinion we consider such Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your
account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material
available on
or through the Services infringes upon any copyright you own or control, please immediately
refer to
the "
COPYRIGHT INFRINGEMENTS " section below.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we
have the right to suspend or terminate your account and refuse any and all current
or future
use of the Services (or any portion thereof).
You may not access or use the Services for any purpose other than that for which
we make the
Services available. The Services may not be used in connection with any commercial
endeavors
except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services
to create
or compile, directly or indirectly, a collection, compilation,
database, or
directory without written permission from us.
- Trick, defraud, or mislead us and other
users, especially
in any attempt to learn sensitive account information
such as user
passwords.
- Circumvent, disable, or otherwise interfere
with
security-related features of the Services, including
features that
prevent or restrict the use or copying of any Content or
enforce
limitations on the use of the Services and/or the
Content contained
therein.
- Disparage, tarnish, or otherwise harm, in our
opinion, us
and/or the Services.
- Use any information obtained from the
Services in order
to harass, abuse, or harm another person.
- Make improper use of our support services or
submit false
reports of abuse or misconduct.
- Use the Services in a manner inconsistent
with any
applicable laws or regulations.
- Engage in unauthorized framing of or linking
to the
Services.
- Upload or transmit (or attempt to upload or
to transmit)
viruses, Trojan horses, or other material, including
excessive use
of capital letters and spamming (continuous posting of
repetitive
text), that interferes with any party's uninterrupted
use and
enjoyment of the Services or modifies, impairs,
disrupts, alters, or
interferes with the use, features, functions, operation,
or
maintenance of the Services.
- Engage in any automated use of the system,
such as using
scripts to send comments or messages, or using any data
mining,
robots, or similar data gathering and extraction
tools.
- Delete the copyright or other proprietary
rights notice
from any Content.
- Attempt to impersonate another user or person
or use the
username of another user.
- Upload or transmit (or attempt to upload or
to transmit)
any material that acts as a passive or active
information collection
or transmission mechanism, including without limitation,
clear
graphics interchange formats ("gifs"), 1×1 pixels, web
bugs,
cookies, or other similar devices (sometimes referred to
as
"spyware" or "passive collection mechanisms" or "pcms"
).
- Interfere with, disrupt, or create an undue
burden on the
Services or the networks or services connected to the
Services.
- Harass, annoy, intimidate, or threaten any of
our
employees or agents engaged in providing any portion of
the Services
to you.
- Attempt to bypass any measures of the
Services designed
to prevent or restrict access to the Services, or any
portion of the
Services.
- Copy or adapt the Services' software,
including but not
limited to Flash, PHP, HTML, JavaScript, or other
code.
- Except as permitted by applicable law,
decipher,
decompile, disassemble, or reverse engineer any of the
software
comprising or in any way making up a part of the
Services.
- Except as may be the result of standard
search engine or
Internet browser usage, use, launch, develop, or
distribute any
automated system, including without limitation, any
spider, robot,
cheat utility, scraper, or offline reader that accesses
the
Services, or use or launch any unauthorized script or
other
software.
- Use a buying agent or purchasing agent to
make purchases
on the Services.
- Make any unauthorized use of the Services,
including
collecting usernames and/or email addresses of users by
electronic
or other means for the purpose of sending unsolicited
email, or
creating user accounts by automated means or under false
pretenses .
- Use the Services as part of any effort to
compete with us
or otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
- Use the Services to advertise or offer to
sell goods and
services.
- Sell or otherwise transfer your
profile.
5. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs,
message boards, online forums, and other functionality, and may
provide you with
the opportunity to create, submit, post, display, transmit,
perform, publish,
distribute, or broadcast content and materials to us or on the
Services,
including but not limited to text, writings, video, audio,
photographs,
graphics, comments, suggestions, or personal information or
other material
(collectively, "Contributions"). Contributions may be viewable
by other users of
the Services and through third-party websites. As such, any
Contributions you
transmit may be treated as non-confidential and non-proprietary.
When you create
or make available any Contributions, you thereby represent and
warrant that:
-
The creation, distribution, transmission, public display, or
performance, and
the accessing, downloading, or copying of your Contributions do not
and will not
infringe the proprietary rights, including but not limited to the
copyright, patent,
trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner of or have the necessary
licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and
other users of the Services to use your Contributions in any manner
contemplated by
the Services and these Legal Terms.
- You have the written consent, release, and/or permission of
each and every
identifiable individual person in your Contributions to use the name
or likeness of
each and every such identifiable individual person to enable
inclusion and use of
your Contributions in any manner contemplated by the Services and
these Legal
Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorized
advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other
forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy,
violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by
us).
-
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse
anyone.
- Your Contributions are not used to harass or threaten (in the
legal sense of
those terms) any other person and to promote violence against a
specific person or
class of people.
- Your Contributions do not violate any applicable law,
regulation, or
rule.
- Your Contributions do not violate the privacy or publicity
rights of any third
party.
-
Your Contributions do not violate any applicable law
concerning child
pornography, or otherwise intended to protect the health or
well-being of
minors.
-
Your Contributions do not include any offensive comments that
are connected to
race, national origin, gender, sexual preference, or physical
handicap.
-
Your Contributions do not otherwise violate, or link to
material that
violates, any provision of these Legal Terms, or any applicable law
or
regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms
and may result in, among other things, termination or suspension of
your rights to
use the Services.
By posting your Contributions to any part of the Services ,
you automatically
grant, and you represent
and warrant that you have the right to grant, to us an unrestricted,
unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute
such Contributions
(including, without limitation, your image and voice) for any
purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or
incorporate into other
works, such Contributions, and grant and authorize sublicenses of
the foregoing. The use
and distribution may occur in any media formats and through any
media channels.
This license will apply to any form, media, or technology now known or
hereafter
developed, and includes our use of your name, company name, and
franchise name, as
applicable, and any of the trademarks, service marks, trade names,
logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain
full ownership of all
of your Contributions and any intellectual property rights or other
proprietary rights
associated with your Contributions. We are not liable for any statements
or representations
in your Contributions provided by you in any area on the Services. You
are solely
responsible for your Contributions to the Services and you expressly
agree to exonerate us
from any and all responsibility and to refrain from any legal action
against us regarding
your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to
place them in more
appropriate locations on the Services; and (3) to pre-screen or delete
any Contributions at
any time and for any reason, without notice. We have no obligation to
monitor your
Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a
review, you must
comply with the following criteria: (1) you should have firsthand experience with the
person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful
language; (3) your reviews should not contain discriminatory references based on
religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if
posting negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you
may not post any
false or misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable
or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our
affiliates or partners. We do not assume liability for any review or for any claims,
liabilities, or
losses resulting from any review. By posting a review, you hereby grant to us a
perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable
right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content
relating to review.
8. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites
("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video,
information, applications, software, and other content or items belonging to or originating
from third
parties ("Third-Party Content" ). Such Third-Party Websites and
Third-Party
Content are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by
us, and we are not responsible for any Third-Party Websites accessed through the Services or
any
Third-Party Content posted on, available through, or installed from the
Services, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies of or
contained in the Third-Party Websites or the Third-Party Content.
Inclusion
of, linking to, or permitting the use or installation of any Third-Party
Websites or any
Third-Party Content does not imply approval or endorsement thereof by us.
If you
decide to leave the Services and access the Third-Party Websites or to use or
install any
Third-Party Content, you do so at your own risk, and you should be aware these
Legal Terms
no longer govern. You should review the applicable terms and policies, including privacy and
data
gathering practices, of any website to which you navigate from the Services or relating to
any
applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from other companies,
and we take
no responsibility whatsoever in relation to such purchases which are exclusively between you
and the
applicable third party. You agree and acknowledge that we do not endorse the products or
services
offered on Third-Party Websites and you shall hold us blameless from any harm
caused by
your purchase of such products or services. Additionally, you shall hold us blameless from
any losses
sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates
the law or
these Legal Terms, including without limitation, reporting such user to law enforcement
authorities; (3)
in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion
thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove from the Services
or
otherwise disable all files and content that are excessive in size or are in any way burdensome
to our
systems; and (5) otherwise manage the Services in a manner designed to protect our rights and
property
and to facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy:
/privacy-policy
. By using the Services, you agree to be bound by our Privacy Policy,
which
is incorporated into these Legal Terms. Please be advised the Services are hosted in the
米国 . If you access the Services from any other
region of
the world with laws or other requirements governing personal data collection, use, or
disclosure
that differ from applicable laws in the 米国
, then through your continued use of the Services, you are transferring your data to
the 米国 , and you expressly consent
to
have your data transferred to and processed in the 米国 .
11. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a "Notification" ). A
copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to applicable law you may be
held liable for damages if you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the Services infringes your
copyright, you should consider first contacting an attorney.
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN
OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Services. We will not be liable to
you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at
any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
14. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Costa Rica. Flexmark
International and yourself irrevocably consent that the courts of
Costa Rica shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these
Legal Terms.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a "Dispute" and collectively,
the "Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including
any question regarding its existence, validity, or termination, shall be
referred to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise,
146) according to the Rules of this ICAC, which, as a result of referring to it,
is considered as the part of this clause. The number of arbitrators shall be
three (3). The seat, or legal place, or
arbitration shall be San Jose, Costa
Rica . The language of the proceedings shall
be Spanish . The governing law of these Legal
Terms shall be substantive law of Costa Rica .
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
16. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
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.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID,
IF ANY, BY YOU TO US OR $1,500.00
USD
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand,
including reasonable attorneys' fees and expenses, made by
any third party due to or arising out of:
(1) your Contributions;
(2) use of the Services;
(3) breach of these Legal Terms;
(4) any breach of your representations and
warranties set forth in these Legal Terms; (5)
your violation of the rights of a third party, including but
not limited to intellectual property rights; or
(6) any overt harmful act toward any other user
of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of
the Services, as well as data relating to your use of
the Services. Although we perform regular routine
backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you
have undertaken using the Services. You agree that we
shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or
corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic
communications. You consent to receive electronic
communications, and you agree that all agreements,
notices, disclosures, and other communications we
provide to you electronically, via email and on the
Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an
original signature or delivery or retention of
non-electronic records, or to payments or the
granting of credits by any means other than
electronic means.
22. SMS TEXT MESSAGING
Message Frequency
We only send the
messages you request from us at the time you
request them, or if in the case of
requesting a reminder (e.g. webinar or
conference call reminders), at the time of
the reminder.
Opting Out
If at any time you wish to stop
receiving SMS messages from us, simply reply
to the text with "STOP.” You may receive an
SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates
may apply to any SMS messages sent or received.
The rates are determined by your carrier and the
specifics of your mobile plan.
Support
If you have any questions or need assistance
regarding our SMS communications, please email
us at [email protected]
or call at +1
252-557-0520 .
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not
satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of
Consumer Services of the California
Department of Consumer Affairs in writing at
1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or
operating rules posted by us on the
Services or in respect to the Services
constitute the entire agreement and
understanding between you and us. Our
failure to exercise or enforce any right
or provision of these Legal Terms shall
not operate as a waiver of such right or
provision. These Legal Terms operate to
the fullest extent permissible by law.
We may assign any or all of our rights
and obligations to others at any time.
We shall not be responsible or liable
for any loss, damage, delay, or failure
to act caused by any cause beyond our
reasonable control. If any provision or
part of a provision of these Legal Terms
is determined to be unlawful, void, or
unenforceable, that provision or part of
the provision is deemed severable from
these Legal Terms and does not affect
the validity and enforceability of any
remaining provisions. There is no joint
venture, partnership, employment or
agency relationship created between you
and us as a result of these Legal Terms
or use of the Services. You agree that
these Legal Terms will not be construed
against us by virtue of having drafted
them. You hereby waive any and all
defenses you may have based on the
electronic form of these Legal Terms and
the lack of signing by the parties
hereto to execute these Legal
Terms.
25. CONTACT US
In order to resolve a complaint
regarding the Services or to receive
further information regarding use of
the Services, please contact us
at:
Flexmark
International
Ofi
Bodegas Escazu #5
Calle Mango
Guachepelin
de Escazu
, San
Jose 10203
Costa
Rica
Phone: +1
252-557-0520
