Terms of Use

Please read these terms of use carefully and completely before using, registering for, or submitting information to the services (defined below). By using, registering for, or submitting information to the services, or otherwise indicating your acceptance of these terms of use, you agree to these terms of use. If you do not wish to agree to these terms of use, you may not use, register for, or submit information to the services.

1. Services Covered and General Terms

A. These Terms of Use are between Bufete Meléndez & Bonilla S.R.L. and its affiliated companies (collectively "BMB") and you. The services covered by these Terms of Use ("Services") include all versions of BMB's website (the "Site"), mobile websites, and other Internet enabled or wireless means by which BMB provides content to you or receives content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, personal computer applications, mobile applications, and tablet applications), content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products, and delivery of BMB content to you at your request. The Services are owned and operated by BMB, but the Services may include elements licensed from or provided by third parties.
B. BMB (along with its licensors) retains all right, title and interest in and to the Services, including all intellectual property rights therein. BMB has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services. BMB has the right to terminate and/or suspend your ability to access the Services or any portion thereof, for any or no reason, without notice (except as and when required by law or as stated in these Terms of Use). All fees paid for use of or access to the Services are 100% non-refundable unless stated otherwise in separate terms and conditions provided when you sign up for a particular Service or unless applicable law provides otherwise. The Services are intended for use by a general audience and are not directed to those under the age of 21.

2. Privacy Policy

By using any of the Services or by agreeing to these Terms of Use, you are also agreeing to the terms of BMB's Privacy Policy and the collection, use, sharing and storage of information as described therein, including without limitation your personal or personally identifiable information.

3. Restrictions on Use and Limited License

A. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any applicable laws, rules, or regulations, whether federal, state, local, foreign or international. You shall not post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services. You shall not (i) impersonate any person or entity, or otherwise misrepresent your affiliation; (ii) manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information; (iii) alter or delete information not provided by you, interfere with the operation of the Services, or upload, post, email, transmit, link to or otherwise make available any content that contains any virus, worm, computer code, file, or other material intended to cause the interruption, destruction, or loss of functionality of any Services, computer software, data, hardware, telecommunications equipment, or communications ability; (iv) attempt to gain access to confidential information to which you are not entitled; (v) modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by any Services; (vi) monitor any information in or related to the Services for any unauthorized or commercial purpose; or (vii) access, monitor or copy, or permit another person or entity to access, monitor or copy, the Services using so-called bots, spiders, scrapers or other automated means or manual processes without BMB's express written permission. Any conduct by you that in BMB's discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.
B. The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, data, animation, text, software, images, video, graphics, music and sound, and the rights to the contents of the Services under the United States copyright laws, International copyright laws, Costa Rican copyright laws,  and other laws are owned or controlled by BMB or licensed from third parties. Subject to all of the terms and conditions of these Terms of Use, BMB grants you a limited, personal, non-exclusive, non-sub licensable, non-transferable license to access and use the Services for your personal, non-commercial use only. While you may access, view, use and display the Services for your personal, non-commercial use, you may not modify, reproduce, distribute, publicly display, publicly perform, rent, lease, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except as expressly indicated by BMB in the Services, as expressly permitted under copyright law, or with the express written permission of BMB and any relevant third party copyright owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
C. You are solely responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.
D. BMB reserves the right to modify, add or remove features or functions of the Services. For certain Services which are software applications, from time to time BMB may require the update of the Services on your computer or other device when a new version of the Services becomes available. This update may occur automatically or through other means, or you may be required to download the update before continuing to use the Services. Notwithstanding the foregoing, BMB has no obligation to make available to you any updates or new versions of the Services.
E. If you sign up or request to receive emails, blogs, notifications, or other communications from BMB through the Services, you expressly consent to receiving such communications in the form of telephone calls, text messages, push alerts, in-app messages, pop-up messages, and emails, as applicable, to the contact points identified through the Services, and in the case of telephone calls and text messages, you expressly consent to receiving calls that use an automatic telephone dialing system and pre-recorded or artificial voice messages. You acknowledge and agree that certain communications are advertising-supported services and you consent to receive advertising in such communications.
F. The foregoing provisions of Paragraph 4 are for the benefit of BMB, its subsidiaries and affiliates and its third party content providers, contractors, advertisers and distributors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. User Submissions

A. By submitting material to BMB or the Services, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you automatically grant, or if you are not the sole owner you warrant that the owner or co-owners of such material have expressly granted, to BMB, its subsidiaries, its affiliates, its contractors, and its licensees, the royalty- and payment-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology now known or hereafter devised; you hereby grant any other user of the site the right to access, view, store or reproduce the material for that user's personal use; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by BMB and other authorized parties; you agree to allow use of your name, user name, geographical location, and descriptions and text accompanying your submissions on the Services and in publicity or advertising without compensation; and you understand and agree that BMB shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall BMB be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials.
B. BMB shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. BMB does not have an obligation to review submitted material on the Services, and BMB cannot assure that submitted material will be accurate, complete, timely, reliable, useful, appropriate or appropriately expressed. While BMB may review submissions, BMB does not assume responsibility for the contents of any submission. You should not rely or take any action based upon user submissions that could involve or lead to risk, danger or harm of any kind, including, but not limited to risk to a person's safety, security or health, property damage, or economic losses. BMB may choose not to publish all or any material submitted to the Services at its sole discretion, and such choices cannot be disputed. Without limiting the foregoing, BMB shall have the right to remove any material that BMB, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. BMB reserves the right to alter content as appropriate for the medium.
C. You will not e-mail, upload, post or otherwise make available on the Services any material that could foreseeably pose risk, danger or harm of any kind, including, but not limited to risk to a person's safety, security or health, property damage, or economic losses. You will not e-mail, upload, post or otherwise make available on the Services any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You will be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from your submissions.
D. Subject to BMB 's policies regarding privacy, any e-mails, notes, message/billboard/forum postings, blog entries, animation, images, videos, ideas, suggestions, concepts or other material submitted by you will be treated as non-confidential and non-proprietary.
E. If you submit any material to BMB, you will be deemed to have made the following representations and warranties, upon which BMB will have the right to rely: (i) You have the sole and exclusive right to grant such rights to BMB; (ii) You have obtained any and all necessary rights and where required, written releases, from any and all recognizable persons appearing in the material, and from any and all persons who provided art work or any other content appearing in the material; (iii) BMB 's exercise of the rights granted to BMB by you under Paragraph 4.A. will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; (iv) You understand and agree that BMB shall have no obligation to copy, publish, display or otherwise exploit the material, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the material by others; and, (v) You are twenty one years of age or older, and, if you are under the age of majority in your country, state or territory, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit material, participate on Services, and fulfil the obligations set forth in these Terms of Use, which form a binding contract between you and BMB.

5. Disclaimers and Limitation of Liability

A. You expressly agree that use of the services is at your sole risk. The services, including but not limited to all content and information included therein and all products or merchandise provided through the services, are provided on an "as is," "with all faults," and "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, any warranties of title or implied warranties of merchantability or fitness for a particular purpose or any implied warranties arising from a course of dealing or a course of performance, other than those warranties which are both implied by applicable law and made incapable of exclusion, restriction or modification under applicable law. Without limiting the generality of the foregoing, neither bmb, its affiliates nor any of their respective directors, officers, employees, agents, third party content providers, distributors or licensors (collectively, "covered parties") warrant that the services will be uninterrupted or error free; nor do they make any representation or warranty as to the results that may be obtained from use of the services, or as to the accuracy, completeness, timeliness, availability or reliability of the services, including but not limited to any content or information, products or merchandise provided through the services.
B. To the extent permitted by applicable law, you expressly understand and agree that covered parties shall not be liable in contract, in tort, under a negligence theory, or under any other legal or equitable theory (including strict liability), for any direct, indirect, incidental, special, punitive, consequential or exemplary loss, liability, damage or expense, including but not limited to, loss of profits, loss of use, loss of data or other losses (even if repair, replacement or a refund for the services does not fully compensate you for any losses and even if covered parties knew or should have known of the possibility of such loss, liability, damage, or expense), directly or indirectly resulting from or arising out of: (i) your use or your inability to use the services, (ii) your creation of content, by videotaping, photography or otherwise, for submission to the services ; (iii) the cost of procurement of substitute services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party, including but not limited to any defamatory, offensive or illegal conduct of other users or third parties over which covered parties have no control; (vi) these terms of use; (vii) injury to person or property (including death), or (viii) any other matter relating to the services or the content, information, forecasts, alerts, products or merchandise provided through the services.
C. To the fullest extent permissible by law, in no event shall bmb 's total liability to you for any damages, losses or causes of action whether in contract, tort (including, without limitation, bmb 's own negligence) or under any other legal or equitable theory (including, without limitation, strict liability) exceed the amount paid by you to bmb, if any, for obtaining or accessing the services.
D. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain types of liability. Accordingly, those provisions of these terms of use which are contrary to or are not enforceable under applicable law shall not apply to you and do not affect any statutory rights available to you which may not be disclaimed or limited; provided, however, that you agree and acknowledge that the remainder of this paragraph 5 and these terms of use shall continue to be binding and enforceable.

6. Changed Terms

BMB has the right at any time, in its sole discretion, to change or modify the terms and conditions applicable to use of the Services, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective (i) immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the Services. Any use of the Services by you, including without limitation, your continued submission of content to the Services, after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions. If any modification to these Terms of Use is unacceptable to you, you must immediately terminate your use of the Services.

7. Miscellaneous

A. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired. The paragraph headings used herein are for convenience only and shall not be given any legal import.
B. The rights licensed to you hereunder are personal to you, and may not be transferred to, assigned to, or used by any other person without BMB s express prior written consent.
C. These Terms of Use shall be construed in accordance with the laws of the Republic of Costa Rica. All disputes under these Terms of Use shall be resolved by the Courts of Costa Rica, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it.
D. No waiver by BMB of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
E. Any translation of these Terms of Use is done for local requirements and in the event of a dispute between the Spanish and any non-Spanish version, the Spanish version of these Terms of Use shall govern.

Marielos Meléndez H. JD LL.D.
Lawyer and Notary / Abogada y Notaria
Telephone +(506) 2224-2800 / Fax +(506) 2225-2909
Toll Free United States / Canada 1-800-378-7542
3335 10th Avenue
Avenue 10 between Calles 33 and 35
100 meters south and 250 meters east from Casa Italia
In front of the Venezuelan Embassy
San José, Costa Rica 10104
Email Lawyer@CostaRicaLawyer.com

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