Terms and Conditions of Website
These Terms and Conditions (the "Terms &
Conditions") govern the use of www.jacintorivera.com (the "Site).
This Site is owned and operated by the J.R. Trust LLC. This is an information
and Blog Site; by using this website, you accept these terms and conditions in
full. If you disagree with these terms and conditions or any part of these
terms and conditions, you must not use this website.
You must be at least 16 years of age to use this website. By using
this website and by agreeing to these terms and conditions you warrant and
represent that you are at least 18 years of age.
This website uses cookies. By using this website and agreeing to
these terms and conditions, you consent to our use of cookies in accordance
with the terms of our cookies policy.
License to Use Website
Unless otherwise stated, JACINTORIVERA.COM, J.R. Trust LLC.,
and/or its licensors own the intellectual property rights in the website and
material on the website. Subject to the license below, all these intellectual
property rights are reserved.
You may view, download and print pages from the website for your
own personal use only, subject to the restrictions set out below and elsewhere
in these terms and conditions.
You must not:
• republish material from this website (including republication
on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on
this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content
specifically and expressly made available for
redistribution.
Where content is specifically made available for redistribution,
it may only be redistributed within your organization.
Acceptable use
You must not use this website in any way that causes, or may
cause, damage to the website or impairment of the availability or accessibility
of the website; or in any way which is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity.
You must not use this website to copy, store, host, transmit,
send, use, publish or distribute any material which consists of (or is linked
to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root-kit
or other malicious computer software.
You must not conduct any systematic or automated data collection
activities (including without limitation scraping, data mining, data extraction
and data harvesting) on or in relation to this website without
JACINTORIVERA.COM’s / J.R. Trust LLC., express written consent. You must not
use this website to transmit or send unsolicited commercial communications. You
must not use this website for any purposes related to marketing without
JACINTORIVERA.COM’s / J.R. Trust LLC., express written consent.
Restricted Access
Access to certain areas of this website is restricted.
JACINTORIVERA.COM / J.R. Trust LLC., reserves the right to restrict access to
areas of this website, or indeed this entire website, at JACINTORIVERA.COM’s /
J.R. Trust LLC., discretion.
If JACINTORIVERA.COM provides you with a user ID and password to
enable you to access restricted areas of this website or other content or
services, you must ensure that the user ID and password are kept confidential.
JACINTORIVERA.COM may disable your user ID and password in JACINTORIVERA.COM’s
sole discretion without notice or explanation.
User Content
In these terms and conditions, “your user content” means material
(including without limitation text, images, audio material, video material and
audio-visual material) that you submit to this website, for whatever purpose.
JACINTORIVERA.COM grants to J.R. TRUST LLC., a worldwide,
irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt,
publish, translate and distribute your user content in any existing or future
media. JACINTORIVERA.COM also grants to J.R. TRUST LLC., the right to
sub-license these rights, and the right to bring an action for infringement of
these rights.
Your user content must not be illegal or unlawful, must not
infringe any third party's legal rights, and must not be capable of giving rise
to legal action whether against you or JACINTORIVERA.COM or a third party (in
each case under any applicable law).
You must not submit any user content to the website that is or has
ever been the subject of any threatened or actual legal proceedings or other
similar complaint.
JACINTORIVERA.COM reserves the right to edit or remove any
material submitted to this website, or stored on J.R. TRUST LLC.,’s servers, or
hosted or published upon this website.
Notwithstanding JACINTORIVERA.COM’s rights under these terms and
conditions in relation to user content, JACINTORIVERA.COM does not undertake to
monitor on a daily basis the submission of such content to, or the publication
of such content on, this website.
No Warranties
This website is provided “as is” without any representations or
warranties, express or implied. JACINTORIVERA.COM makes no representations or
warranties in relation to this website or the information and materials
provided on this website.
Without prejudice to the generality of the foregoing paragraph,
JACINTORIVERA.COM does not warrant that:
• this website will be constantly available, or available at all;
or
• the information on this website is complete, true, accurate or
non-misleading.
Nothing on this website constitutes, or is meant to constitute,
advice of any kind. If you require advice in relation to any [legal, financial or
medical] matter you should consult an appropriate professional.
Limitations of Liability
JACINTORIVERA.COM will not be liable to you (whether under the law
of contact, the law of torts or otherwise) in relation to the contents of, or
use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for
any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or
anticipated savings, loss of contracts or business relationships, loss of
reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if JACINTORIVERA.COM has
been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any
warranty implied by law that it would be unlawful to exclude or limit; and
nothing in this website disclaimer will exclude or limit J.R. TRUST LLC.,’s
liability in respect of any:
• death or personal injury caused by JACINTORIVERA.COM’s
negligence;
• fraud or fraudulent misrepresentation on the part of
JACINTORIVERA.COM; or
• matter which it would be illegal or unlawful for
JACINTORIVERA.COM to exclude or limit, or to attempt or purport to exclude or
limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and
limitations of liability set out in this website disclaimer are reasonable. If
you do not think they are reasonable, you must not use this website.
Other Parties
You accept that JACINTORIVERA.COM has an interest in limiting the
personal liability of its officers and employees. You agree that you will not
bring any claim personally against JACINTORIVERA.COM’s officers or employees in
respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the
limitations of warranties and liability set out in this website disclaimer will
protect JACINTORIVERA.COM’s officers, employees, agents, subsidiaries,
successors, assigns and sub-contractors.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be,
unenforceable under applicable law, that will not affect the enforceability of
the other provisions of this website disclaimer.
Indemnity
You hereby indemnify JACINTORIVERA.COM, J.R. Trust LLC., it's
proprietor(s), and undertake to keep JACINTORIVERA.COM, J.R. Trust LLC.,
and it's proprietor(s), indemnified against any losses, damages,
costs, liabilities and expenses (including without limitation legal expenses
and any amounts paid by JACINTORIVERA.COM to a third party in settlement of a
claim or dispute on the advice of JACINTORIVERA.COM’s legal advisers) incurred
or suffered by JACINTORIVERA.COM arising out of any breach by you of any
provision of these terms and conditions, or arising out of any claim that you
have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to ANC’s other rights under these terms and
conditions, if you breach these terms and conditions in any way,
JACINTORIVERA.COM may take such action as JACINTORIVERA.COM deems appropriate
to deal with the breach, including suspending your access to the website,
prohibiting you from accessing the website, blocking computers using your IP
address from accessing the website, contacting your internet service provider
to request that they block your access to the website and/or bringing court
proceedings against you.
Variation
JACINTORIVERA.COM may revise these terms and conditions from
time-to-time. Revised terms and conditions will apply to the use of this
website from the date of the publication of the revised terms and conditions on
this website. Please check this page regularly to ensure you are familiar with
the current version.
Severability
The invalidity of any portion of this Agreement will not and shall
not be deemed to affect the validity of any other provision. If any provision
of this Agreement is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid
provision.
No Waiver
The failure of either party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement, or the waiver
of any breach of any of the terms and conditions of this Agreement, shall not
be construed as subsequently waiving any such terms and conditions, but the
same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
Governing Law
This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of New York.
Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved
by binding arbitration of the parties hereto. If the parties cannot agree on an
arbitrator, each party shall select one arbitrator and both arbitrators shall
then select a third. The third arbitrator so selected shall arbitrate said
dispute. The arbitration shall be governed by the rules of the American
Arbitration Association then in force and effect.
Entire Agreement
This Agreement shall constitute the entire agreement between the
parties and any prior understanding or representation of any kind preceding the
date of this Agreement shall not be binding upon either party except to the
extent Limited Liability Company in this Agreement.
Witness our signatures by the name of JACINTORIVERA.COM and J.R.
TRUST LLC., below.
JACINTORIVERA.COM, J.R. TRUST LLC.,
Date: January 5, 2023