 |
 |
|
| |
|
|
|
| |
TERMS OF USE AGREEMENT
Welcome to our Web site. By using our site, you are agreeing to
comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to
these terms, you should not use this site. The term “SCVR” or
“us” or “we” or “our” refers to Saldaña, Carvajal &
Vélez-Rivé,P.S.C., the owner of the Web site. The term “you”
refers to the user or viewer of our Web Site.
1.
Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to
the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior
to using the Site.
2. Copyright. The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site,
except as allowed by Section 4 below, is strictly prohibited.
You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of
the content on the site is the copyrighted work of third
parties.
3. Service Marks. "SCVR.com"
and others are our service marks or registered service marks or
trademarks. Other product and company names mentioned on the
Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses. You are
granted a non-exclusive, non-transferable, revocable license (a)
to access and use the Site strictly in accordance with this
Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all
copyright and other policies contained therein. No print out or
electronic version of any part of the Site or its contents may
be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
5.
Restrictions and Prohibitions on Use. Your license
for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”)
therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means all
or any portion of the Site or any Content and Materials
retrieved therefrom; (b) use the Site or any materials obtained
from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any
kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials from
the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property
right of us or any third parties; (e) remove, change or obscure
any copyright notice or other proprietary notice or terms of use
contained in the Site; (f) make any portion of the Site
available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in
the future; (g) remove, decompile, disassemble or reverse
engineer any Site software or use any network monitoring or
discovery software to determine the Site architecture; (h) use
any automatic or manual process to harvest information from the
Site; (i) use the Site for the purpose of gathering information
for or transmitting (1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use the Site in
a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and
(k) export or re-export the Site or any portion thereof, or any
software available on or through the Site, in violation of the
export control laws or regulations of the United States.
6. Forms, Agreements & Documents We may make
available through the Site or through other Web sites sample and
actual forms, checklists, business documents and legal documents
(collectively, “Documents”). All Documents are provided on a
non-exclusive license basis only for your personal one-time use
for non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license.
Documents are provided for a charge and without any
representations or warranties, express or implied, as to their
suitability, legal effect, completeness, correctness, accuracy,
and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF
THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents may be inappropriate for your
particular circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired result.
You should consult with legal counsel to determine the
appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and
may not be applicable to a particular situation. Some Documents
are public domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is
not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance
and no attorney-client relationship is formed. We do not warrant
or guarantee the accurateness, completeness, adequacy or
currency of the information contained in or linked to the Site.
Your use of information on the Site or materials linked to the
Site is entirely at your own risk. No attorney-client
relationship will exist unless a valid, written engagement
agreement is executed between us and you.
8.
Linking to the Site. You may provide links to the
Site, provided (a) that you do not remove or obscure, by framing
or otherwise, advertisements, the copyright notice, or other
notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links
to the Site immediately upon request by us.
9.
Registration. Certain sections of, or offerings
from, the Site may require you to register. If registration is
requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using
your real name and accurate information. Each registration is
for your personal use only and not on behalf of any other person
or entity. We do not permit (a) any other person using the
registered sections under your name; or (b) access through a
single name being made available to multiple users on a network.
You are responsible for preventing such unauthorized use.
10. Errors, Corrections and
Changes. We do not represent or warrant that the
Site will be error-free, free of viruses or other harmful
components, or that defects will be corrected. We do not
represent or warrant that the information available on or
through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or
content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information or
other content appearing on the Site.
11. Third
Party Content. Third party content may appear on the
Site or may be accessible via links from the Site. We are not
responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You
understand that the information and opinions in the third party
content represent solely the thoughts of the author and is
neither endorsed by nor does it necessarily reflect our belief.
12. Unlawful Activity. We reserve the
right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to
law enforcement officials, regulators, or other third parties
and disclosing any information necessary or appropriate to such
persons or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic
information.
13. Indemnification. You
agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors,
assigns, third party suppliers of information and documents,
attorneys, advertisers, product and service providers, and
affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or
use of the Site.
14. Nontransferable.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or
documents is not transferable or assignable.
15.
Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS
FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF
ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b).
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE
SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR
DOCUMENT IS DISCLAIMED.
16. Limitation of
Liability (a) We and any Affiliated Party shall not
be liable for any loss, injury, claim, liability, or damage of
any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable
therefrom, (b) the unavailability or interruption of the Site or
any features thereof, (c) your use of the Site, (d) the content
contained on the Site, or (e) any delay or failure in
performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY
OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM
ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY
SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY.
17. Use of Information. We
reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy. All remarks, suggestions, ideas, graphics, or
other information communicated by you to us (collectively, a
"Submission") will forever be our property. We will not be
required to treat any Submission as confidential, and will not
be liable for any ideas (including without limitation, product,
service or advertising ideas) and will not incur any liability
as a result of any similarities that may appear in our future
products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing
rights to the Submission of every kind and nature everywhere. We
will be entitled to use the Submission for any commercial or
other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you
are responsible for whatever material you submit, and you, not
us, have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and
copyright. IRS
Circular 230 Disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained
in this communication (including any attachments) was not
intended or written to be used, and cannot be used, for the
purpose of (i) avoiding penalties under the Internal Revenue
Code or (ii) promoting, marketing or recommending to another
party any transaction or matter addressed herein.
18. Third-Party Services. We may allow
access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants
are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to
the transactions entered into between you and Merchants. You
agree that use of or purchase from such Merchants is AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE.
19.
Third-Party Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to
you while on any Merchant sites. We are not responsible for
information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
20. Securities Laws. The Site may
include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and
service offerings), that are forward-looking statements. These
statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks,"
"plans," "intends," "will" and similar expressions are intended
to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The
Site and the information contained herein does not constitute an
offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
21.
Links to other Web Sites. The Site may contain links
to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by
us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
22. Copyrights
and Copyright Agents. We respect the intellectual
property of others, and we ask you to do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please provide us the following
information: a. An
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; b. A
description of the copyrighted work that you claim has been
infringed; c. A description of where the material that you
claim is infringing is located on the Site; d. Your address,
telephone number, and email address; e. 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; and
f. A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright
owner's behalf. Our Copyright Agent for Notice of claims of
copyright infringement on the Site can be reached by directing
an e-mail to
administration@scvrlaw.com.
23. Information
and Press Releases. The Site contains information
and press releases about us. We disclaim any duty or obligation
to update this information or any press releases. Information
about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided or
endorsed by us.
24. Legal Compliance. You agree to comply
with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
25.
Miscellaneous. This Agreement shall be treated as though it
were executed and performed in San Juan, Puerto Rico, and shall
be governed by and construed in accordance with the laws of the
Commonwealth of Puerto Rico (without regard to conflict of law
principles). Any cause of action by you with respect to the Site
(and/or any information, Documents, products or services related
thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section 16 and
Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against any
party. This Agreement and all incorporated agreements and your
information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale
or merger. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any
termination of this Agreement.
26. Choice of
Forum. Any legal controversy or legal claim arising
out of or relating to this Agreement or our services, excluding
legal action taken by us to collect or recover damages for, or
obtain any injunction relating to, Site operations, intellectual
property, and our services, shall be only be brought before the
Court of First Instance of the Commonwealth of Puerto Rico, San
Juan Part/Division, to the exclusion of any other court of
competent jurisdiction. |
|
|
| |
|
|
|
| |
|
|
|
|