You may only use the Service in accordance with these Terms, as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
CORTES shall be entitled to rely on your representations under these Terms. CORTES will not be subject and will not accept any claims from any parties claiming that they did not authorize the furnishing, delivery and/or receipt of any information or Service, whether or not through the Application. Accordingly, you are the sole responsible for your use of the Service, and for any consequences under these Terms.
The right to use this Application is personal to User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User’s password(s), if any and mobile telephone. User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of CORTES, and CORTES shall not be responsible for any content lost while transmitting information on the Internet. While CORTES´s objective is to make the Application accessible 24 hours per day, 7 days per week, the Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of CORTES, access to the Application may be interrupted, suspended or terminated from time to time.
CORTES shall have the right at any time to change or discontinue any aspect or feature of the Application, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, CORTES may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
External Applications: As a convenience to you, the Application, the Service, the content, electronic communications delivering content and electronic versions of products or services may contain links to External Applications (the “External Applications”) that are owned and/or operated by a third-party. By offering you these External Applications, CORTES is not endorsing any of them and CORTES has no responsibility or liability, directly or indirectly, for such External Applications, including without limitation for their content. You access linked Applications at your own risk.
- You may not hack the Application or place any content on the Application that, in CORTES´s sole determination:
- Is or may be fraudulent, false, or misleading
- Is or may be harassing
- Is or may be illegal, abusive or threatening
- Infringes on the copyrights and trademarks of others
- Is or may be sexually explicit
- Is or may be profane, obscene, or pornographic
- Is or may be defamatory or libelous
- Is or may be harmful to minors
- Constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law
- Is otherwise objectionable
- Is not permitted by the Application under its normal operation
- Disables or otherwise blocks partial or full functionality of the Application to others and/or to CORTES
- You may not use the Application or your account within the Application for any commercial or political advertisements, business, solicitations or promotions.
- You may not upload any destructive programs, information, file, or software such as viruses and/or self-replicating code or take any other actions to harm the Application, other computers, nor any electronic equipment.
- You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other User of the Application or the Service.
- You may not solicit passwords or other personal information from any other Users of the Application, the content or the Service.
- You may not post or transmit any message which discloses private or personal matters concerning any person.
- You may not post or transmit any message, data, image or program in a fashion that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or Application marks used in an infringing fashion.
- You will not allow any other person other than yourself to use the Service through your Service account.
- You may not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of the Application, it’s content and/or the Service. You may not copy, reproduce or prepare derivative works from, publicly perform, publicly display or distribute the content or the Service or the Application in any manner not expressly authorized by CORTES.
- You will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with the Application, the content or the Service or attempt to do so or assist or encourage others in doing so.
- You may not submit through the Application or through the Service false or incorrect information to CORTES.
Any conduct by a User that in CORTES´s exclusive discretion restricts or inhibits any other User from using or enjoying this Application and/or any of the External Applications is strictly prohibited. User shall not use this Application or any of the External Applications to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Application and/or the External Applications to become Users of other online or offline services directly or indirectly competitive or potentially competitive with CORTES.
If you breach or infringe, or CORTES reasonably suspects that you may have breached or infringed any of the Terms of this section, or any other clauses, representations, and covenants of these Terms, CORTES may, in its sole discretion, suspend, cancel, and/or terminate your account and/or access to the Application, the content and/or the Service or any part thereof with or without previous notice to you. CORTES may, in its sole discretion, terminate these Terms or suspend, cancel or terminate any right or license granted in these Terms, your Service account and/or the Service or any part thereof for any or no reason with or without notice to You.
You understand and agree that any unauthorized use of the Application or it’s Service will result in irreparable injury to CORTES, its affiliates and/or their business partners, and/or licensors for which monetary compensation would be inadequate, and in such event and/or in a breach of these Terms, CORTES, its affiliates and/or their business partners, and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed as to limit remedies or relief available pursuant to statutory or other claims that CORTES, its affiliates and/or their business partners, and/or licensors may have under other clauses of these Terms or under separate legal authority, including but not limited to, any claim for intellectual property infringement.
Copyright & Trademarks: The Service, as well as all the content included in the Application and the External Applications, including without limitation the text, graphics, logos, icons, screens and configurations, photographs, audio and video clips, music and sound, picture images, web Application architecture, format, layout and data structures, product names, logos, commercial symbols, trade names and slogans are the exclusive property of CORTES or its licensors (or is a nominative use of trademark) and are protected by United States and international copyright and trademark laws. All software used in the Service and in this Application is the property of CORTES or its software suppliers and is also protected by United States’ and international copyright laws. You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms. You do not acquire any ownership rights by printing or downloading any information or using the Application and/or the Service. Any use of the content or software of the Service or the Application other than for the express Service provided is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or public exhibition, creating derivative works, COPYING, POSTING, LINKING, OR OTHERWISE MODIFYING OF THIS APPLICATION OR ANY OF THE EXTERNAL APPLICATIONS. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
User shall NOT upload, post or otherwise make available on this Application any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. CORTES does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
CORTES reserves the right to terminate its Agreement with any User who repeatedly infringes third-party copyrights upon prompt notification to CORTES by the copyright owner or the copyright owner’s legal agent.
License & Rights Granted: Subject to these Terms, CORTES grants you a limited, non-exclusive, non-transferable, non-assignable and revocable right to a limited use of the Application for the purposes stated in these Terms in order to access and observe through an Internet browser its content and services, if available and provided by CORTES, and to use the limited functionalities of the Application such as registration, logging in and out, and accessing the content as may be provided, changed and limited by CORTES from time to time.
You grant CORTES a transferable, assignable, royalty free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, edit, translate and distribute, in whole or in part, the information, content, communications, comments, messages, information or material you supply to the Application (the “User Generated Content”) including, but not limited to, the use of the information to provide you products or services and to execute any appropriate charges as further explained in these Terms. CORTES may assign the Terms and its rights that arise thereunder. You may not assign your rights under these Terms.
By posting User Generated Content on or through this Application or any External Applications, User shall be deemed to have granted to CORTES a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the User Generated Content alone, or as part of other works, in any form, media, or technology whether now known or hereafter developed without territorial or time limitations; to use such User Generated Content for promotions, advertising, market research or any other lawful purpose; and to sublicense such rights through multiple tiers of sublicensees.
No Warranty & Release: The application and the service, including, without limitation, any and all parts thereof, are provided on an “as is” basis and the use of the application and/or the service, including without limitation any and all parts thereof, is entirely at your own risk. CORTES and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates make no representations or warranties of any kind, express or implied, as to the operation of the application and the service, including without limitation, any and all parts thereof, the information, content, materials, products or services included in the application and the service, including without limitation any and all parts thereof, warranties of third party merchantability and fitness for a particular purpose and the statutory warranty against non-infringement. there is no warranty that the service or the application will meet your requirements or that your access to the same will be uninterrupted or error-free. CORTES and/or CORTES’s entities, as applicable, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the service or the application with respect to performance, accuracy, reliability, security capability, correctness or otherwise. you will not hold CORTES and/or CORTES’s entities, as applicable, responsible for any damages that result from you accessing the service or using the service, and/or the application including, but not limited to, any infections or contaminations of the devices you use to access the same or to transfer information or data that may result from that use. no oral advice or written information given by CORTES and its officers, directors, owners, representatives, independent contractors, employees, agents, or affiliates, third party merchants or business partners, will create a warranty and you may not rely on any such information or advice. CORTES is not responsible to you for any content provided through the service or for any download or content you find objectionable.
CORTES will not be liable for any alleged claim of copyright or trademark infringement resulting out of the use of the material posted on the application by users.
Under no circumstance shall CORTES or its officers, directors, owners, representatives, independent contractors, business partners, employees, agents, and affiliates, as applicable, be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the service and/or the application, even if CORTES and/or its officers, directors, owners, representatives, business partners, independent contractors, employees, agents and affiliates, as applicable, have been advised of the possibility of such damages.
You hereby release and forever discharge CORTES and its officers, directors, owners, representatives, independent contractors, agents, employees, subsidiaries and affiliates, and their respective successors and assigns, from any and all manner of liability, claims, counterclaims, demands, setoffs, damages or causes of action, which you now have or which may hereafter accrue, whether heretofore asserted or unasserted, known or unknown, arising out of, or in any way relating to the use of the application or any service by you or to the purchase of any product or service by you, specifically including but not limited to any claims based in whole or in part upon the alleged negligence of CORTES in operating the application, the service or otherwise.
Limitation of Liability & Indemnification: Neither CORTES nor any of its representatives, affiliates, licensors or content providers shall be liable for any direct, indirect, incidental, punitive, special or consequential damages arising out of the use of the content, the services or transactions through this application or the inability to gain access to the application. you agree that, in no event shall CORTES or its officers, directors, owners, independent contractors, employees, agents, licensors or affiliates be liable, and you release all such persons from any liability, directly or indirectly, to you for any loss, damage, liability or expense arising out of or related to the use of this application or the use of the service through this application regardless of whether such loss, damage, liability or expense results directly or indirectly from CORTES. In any event, CORTES´s liability to you is limited to $100.00.
CORTES may in its sole discretion terminate the Terms or change, modify, discontinue, inactivate, suspend, cancel or terminate your account and/or the Application and/or the Service or any part thereof for any or no reason with or without previous notice to you. CORTES shall not be liable to you or to any third party for any modification and/or discontinuation of the Application and/or the Service or any part thereof.
You agree to defend, indemnify, and hold CORTES and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the Indemnitees) harmless for, from and against any loss, claims, actions, demands, causes of action, and other proceedings (collectively the “Claims”) by reason of, in any way relating to, or arising out of: (a) your use of the Application and/or the Service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of the Application and/or the Service; (c) any content or information uploaded by you or through your account to the Application, the Service, the computer systems running the Application and/or the Service or otherwise; and (d) any violation of these Terms. You agree to reimburse any and all indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney’s fees and court and filing fees and costs, as result of any Claims.
User is solely responsible for any interactions with third party merchants and other users of the application or external applications. to the extent permitted under applicable laws, user hereby releases CORTES from any and all claims or liability related to any product or service of third party merchants, any action or in-action by third party merchants, including a third party merchants’ failure to comply with applicable law and/or failure to abide by the terms of deals or offers, and any conduct or speech, whether online or offline, of any other user.
Applicable Law and Jurisdiction: These Terms shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You agree that the federal and state courts located in the Commonwealth of Puerto Rico shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and you irrevocably submit to the jurisdiction of such courts.
Monitoring & Privacy: CORTES shall have the right, but not the obligation, to monitor the content of the Application, the content and any External Applications at all times, including any chat rooms and forums that may hereinafter be included as part of the Application, to determine compliance with these Terms and any operating rules established by CORTES, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, CORTES shall have the right, but not the obligation, to remove any material that CORTES, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User acknowledges that all discussion for ratings, comments, bulletin or message board service, chat rooms and/or other message or communication facilities (collectively “Exchanges” or “Exchange”) are public and not private communications, and that, therefore, others may read User’s communications without User’s knowledge. CORTES does not control or endorse the content, messages or information found in any Exchange, and, therefore, CORTES specifically disclaims any liability concerning the Exchanges and any actions resulting from Users’ participation in any Exchange, including any objectionable content.
End of Agreement & Third-Party Responsibility: CORTES may terminate this Agreement at any time. Without limiting the foregoing, CORTES shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which CORTES, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
Your cancellation of your account is your sole right and remedy with respect to any dispute with CORTES and you agree that such right is proper and represents the allocation of risk and conforms to the pricing, fees and considerations under these Terms.
In many instances, the content available through this Application represents the opinions and judgments of the respective information provider, User, or other user not under contract with CORTES. CORTES neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on CORTES by anyone other than authorized CORTES employee spokespersons while acting in official capacities. Under no circumstances will CORTES be liable for any loss or damage caused by a User’s reliance on information obtained through CORTES. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through CORTES.
Miscellaneous & Disclosures: This Agreement and any operating rules for CORTES established by CORTES, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
You should note that parental control protections are readily and commercially available that may assist you in limiting access to material that is harmful to minors.
Force Majeure & Export Restrictions: CORTES will not be liable in any amount for failure to perform under these Terms if such failure is caused by power, Internet or communication outages, fire, flood, earthquakes, tornadoes, hurricanes, wars, acts of God, force majeure, or the occurrence of any other unforeseen contingency or event beyond the control of CORTES. If you fail to receive the Service because of network congestion or unavailability, you may contact CORTES at the email provided below.
United States export laws and regulations restrict the exportation and/or re-exportation through downloading or otherwise into certain embargoed countries which include, but might not be limited to, Cuba, Iraq, Libya, North Korea, Iran and Syria. By downloading from the Application, you are representing that you are not located in any of the prohibited countries.
Arbitration & Representation: By using this Application, User agrees that: (1) any claim, dispute, or controversy User may have against CORTES arising out of, relating to, or connected in any way with this Agreement, this Application, or any External Applications, or the content, any products or services, shall be resolved exclusively by final and binding arbitration and conducted before a single arbitrator pursuant to the applicable Rules and Procedures (“Rules and Procedures”) established by the Commonwealth of Puerto Rico (“Arbitration Forum”); (2) the arbitration shall be held at the Commonwealth of Puerto Rico or at such other location as may be mutually agreed upon by User and CORTES; (3) the arbitrator shall apply Puerto Rico law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the arbitration forum, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Application. However, if you are at least 16 years old but not yet 18, you may use the Application in conjunction with your parent or guardian who agrees to these Terms. No one under age 16 may use the Application.
Contacting Us & Customer Service:
|Cortés Hermanos LLC
Calle Manuel Camuñas, Hato Rey, San Juan, PR, 00918
|Customer Service inquiries email to: email@example.com|
The language, terms and clauses that appear on the “Customer Service” link in the Application, as they may be amended from time to time, are incorporated herein except that these Terms and Conditions of Use shall govern and control any contradiction between them and the language, terms and clauses that appear on the “Customer Service” link. Particularly, the “Customer Service” link may provide some of the terms and clauses addressing the following matters: (1) returns and exchanges; (2) gift cards; and (3) credits.
Severability of Agreement: These Terms constitute the entire Agreement between you and CORTES and supersede all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these Terms and Conditions of Use. If any term, provision, covenant or restriction of the Terms and Conditions of Use is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of these Terms and Conditions of Use shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. CORTES’s failure to pursue any available claim or defense pursuant to these Terms will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.