Terms & Conditions

These terms and conditions regulate the usage of the http://mauricio-rojas3.arealhost.com/ website, as well as all content, products and services available on or via the website (collectively, the "Website").

The Website is owned & operated by Mauricio Rojas ("Operator").

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Operator's Privacy Policy) and procedures that may be published from time to time on this Site by Operator (collectively, the "Agreement").

Please read this Agreement carefully before using or accessing the Website.

The Website is available only to individuals who are at least 18 years old.

By using or accessing any part of the web site, you agree to become bound by the terms and conditions of this Agreement.

If these terms and conditions are considered an offer by Operator, acceptance is expressly limited to these terms.

If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services.

Your Account on the Website.

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are also fully responsible for all actions that occur under the account and any other actions taken in connection with the Website.

You must immediately notify Operator of any unauthorized uses of your account, your account or any other breaches of security.

Operator will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Contributors' Responsibility.

If you write a testimonial, leave a comment on any page, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content.

That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

By making Content available, you represent and warrant that:

  • The Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party:
    • usage;
    • copying;
    • downloading.
  • If your employer has rights to intellectual property you create, you have either:
    • received permission from your employer to post or make available the Content, including but not limited to any software or secured from your employer a waiver as to all rights in or to the Content.
  • You have:
    • fully complied with any third-party licenses relating to the Content;
    • have done everything necessary to successfully pass through to end users any required terms.
  • The Content does not contain or install:
    • viruses;
    • worms;
    • malware;
    • Trojan horses;
    • other harmful content.
  • The Content is not:
    • spam;
    • (machine/randomly) generated;
    • pornographic.
  • The Content does not contain:
    • unethical/unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • threats or incite violence towards individuals or entities.
  • The Content does not violate:
    • the privacy or publicity rights of any third party.
  • The Contributor is not:
    • named in a manner that misleads Website visitors into thinking that you are another person or company.

By submitting Content to Operator for inclusion on the Website, you grant Operator a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website.

Without limiting any of those representations or warranties, Operator has the right (though not the obligation) to, in Operator's sole discretion:

  • refuse or remove any content that, in Operator's reasonable opinion, violates any Operator's policy or is in any way harmful or objectionable;
  • terminate or deny access to and use of the Website to any individual or entity for any reason, in Operator's sole discretion.

Website Visitors' Responsibility.

Operator cannot review and has not reviewed, all of the material, including computer software, posted on the Website, and therefore cannot be responsible for that material's content, use or effects.

By operating the Website, Operator does not:

  • represent or imply that it endorses the material posted on the Website;
  • believe such material to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from:

  • viruses;
  • worms;
  • Trojan horses;
  • other harmful content.

The Website may contain content that is:

  • offensive;
  • indecent;
  • objectionable.

The Website may contain content that has:

  • technical inaccuracies;
  • typographical mistakes;
  • other errors.

The Website may contain material that:

  • violates the privacy or publicity rights;
  • infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

Operator disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which Website links, and that link to Website.

Operator does not have any control over non-Operator websites, and is not responsible for their contents or their use.

By linking to a non-Operator website, Operator does not represent or imply that it endorses such website.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from:

  • viruses;
  • worms;
  • Trojan horses;
  • other harmful content.

Operator disclaims any responsibility for any harm resulting from your use of non-Operator websites.

Copyright Infringement and DMCA Policy.

Operator asks others to respect its intellectual property rights, as it also respects the intellectual property rights of others.

If you believe that Website violates your copyright by using material or linking to it, you are encouraged to notify Operator in accordance with Operator's Digital Millennium Copyright Act ("DMCA") Policy.

Operator will respond to all such notices, including as required or appropriate by:

  • removing the infringing material or disabling all links to the infringing material.

Intellectual Property.

This Agreement does not transfer from Operator to you, any Operator's or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Operator.

Operator, the Website logo, and all other trademarks, service marks, graphics and logos used in connection with Website are trademarks or registered trademarks of Operator or Operator's licensors.

Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. No right or license to reproduce or otherwise use any Operator's or third-party trademarks is granted to you by using the Website.

Changes.

Operator reserves the right, at its sole discretion, to modify or replace any part of this Agreement.

It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

Operator might offer new services/features through the Website in the future and new features/services will also be subject to the terms and conditions of this Agreement.

Termination.

At any time Operator can terminate your access to all or any part of the Website, with or without cause or notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website.

Disclaimer of Warranties.

The Website is provided "as is". Operator and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither Operator nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

Operator, or its suppliers or licensors, in no event will be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  • any special, incidental or consequential damages;
  • the cost of procurement for substitute products or services;
  • for interruption of use or loss or corruption of data.

Operator shall have no liability for any failure or delay due to matters beyond their reasonable control.

The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that:

  • your use of the Website will be in strict accordance with the Operator's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)
  • your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Operator, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Operator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Operator, or by the posting by Operator of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Florida excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules.

The arbitration shall take place in Miami, in the English language and the arbitrary decision may be enforced in any court.

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Operator may assign its rights under this Agreement without condition.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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