Terms and Conditions - Jacinto Rivera

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 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

 


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