You may only use the Service in accordance with these Terms, as well as any additional terms that may be introduced in connection with any feature or function of the Service from time to time.
CORTES shall have the right to rely on your representations under these Terms. CORTES will not be subject to and will not accept any claim from any party that claims that it did not authorize the provision, delivery and / or receipt of any information or Service, whether through the Application or not. Consequently, you are solely responsible for your use of the Service and for the consequences of these Terms.
The right to use this Application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of the User’s password(s), if any, and of the mobile phone. The user acknowledges that, although the Internet is usually a secure environment, service interruptions or events beyond the control of CORTES occasionally occur, and CORTES will not be responsible for the loss of content during the transmission of information on the Internet. While CORTES aims to make the Application accessible 24 hours a day, 7 days a week, the Application may be unavailable from time to time for any reason, including, but not limited to, routine maintenance. You understand and acknowledge that due to circumstances both within and beyond 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 necessary for access or use. In addition, CORTES may stop broadcasting any portion of the information or category of information, may change or eliminate any method of transmission, and may change the speed of transmission or other characteristics of the signal.
Third Party Applications: For your convenience, the Application, the Service, the content, electronic communications that provide content, and electronic versions of products or services may contain links to Third Party Applications (the “Third Party Applications”) that are owned and/or operated by a third party. By providing you with these External Applications, CORTES does not endorse any of them and CORTES has no responsibility, directly or indirectly, for such External Applications, including, without limitation, their content. You access the Linked Applications at your own risk.
(1) You may not hack the Application or place any content on the Application that, in the sole discretion of CORTES:
- Is or may be fraudulent, false or misleading.
- Is or may be stalking
- Is or may be illegal, abusive, or threatening.
- Infringes 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 violate any local, state, national, or international law.
- It is otherwise objectionable.
- It is not allowed by the Application in its normal operation.
- Disables or blocks the partial or total functionality of the Application for others and / or Cortes
- You may not use the Application or your account within the Application for commercial or political advertising, business, solicitation, or promotion.
- You may not upload any destructive programs, data, files, or software, such as viruses and/or self-replicating code, or take any other action to harm the Application, other computers, or any electronic equipment.
- You may not send unsolicited email messages, including spam and chain letters, to any other User of the Application or the Service.
- You may not request passwords or other personal information from any other User of the Application, the content or the Service.
- You may not post or transmit any message that reveals private or personal matters relating to any person.
- You may not post or transmit any message, data, image, or program in a manner that violates the proprietary rights of others, including unauthorized copyrighted text, images, or programs, trade secrets, or other confidential proprietary information and trademarks or Application. Trademarks used in an infringing manner.
- You will not allow anyone other than yourself to use the Service through your Service account.
- You may not transmit, broadcast, rebroadcast, distribute, redistribute, or otherwise make any commercial use of the Application, its content, and/or the Service. You may not copy, reproduce, or prepare derivative works, publicly perform, publicly display or distribute the content or the Service or Application in any manner not expressly authorized by CORTES.
- You will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with the Application, content or the Service, or attempt to do so, or assist or encourage others to do so.
- You may not submit false or incorrect information to CORTES through the Application or the Service.
Any conduct by a User that, in the sole discretion of CORTES, restricts or inhibits any other User from using or enjoying this Application and/or any of the Third-Party Applications is strictly prohibited. User shall not use this Application or any Third-Party Applications to advertise or make any commercial, religious, political, or non-commercial solicitation, including, but not limited to, soliciting Users of this Application and/or Third-Party Applications to become in Users of other online or offline services that are directly or indirectly competitive or potentially competitive with CORTES.
If you breach or violate, or CORTES reasonably suspects that you may have breached or violated, any of the Terms in this section, or any other provision, representation and agreement of these Terms, CORTES may, in its sole discretion, suspend and/or terminate your account. and/or access to the Application, the content and/or the Service or any part thereof with or without notice. 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 prior warning.
You understand and agree that any unauthorized use of the Application or its Service will result in irreparable harm to CORTES, its affiliates and/or its business partners, and/or licensors for which monetary compensation would be inappropriate, and in such event and / or In the event of a breach of these Terms, CORTES, its affiliates and / or its business partners and / or licensors, as applicable, will be entitled, in addition to other remedies available by law and in equity, to immediate precautionary measures against you. Nothing contained in this paragraph or in any other part of these Terms shall be construed as limiting the remedies or remedies available pursuant to legal or other claims that CORTES, its affiliates and/or its business partners and/or licensors may have under other provisions of these Terms or under a separate legal authority, including but not limited to any claim of intellectual property infringement.
Copyrights and Trademarks: The Service, as well as all content included in the Application and Third-Party Applications, including, without limitation, text, graphics, logos, icons, screens and settings, photographs, audio and video clips, music and sound, images, web application architecture, format, design and data structures, product names, logos, trade symbols, trade names and slogans are the exclusive property of CORTES or its licensors (or is a nominative use of the 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 accepting or consenting to these Terms. You do not acquire any ownership rights by printing or downloading information or by 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 display, creating derivative works, COPYING, PUBLISHING, LINKING, OR OTHERWISE MODIFY THIS APPLICATION OR ANY THIRD-PARTY APPLICATIONS. Any violation of this policy may result in an infringement of copyright, trademark, or other intellectual property rights that may subject the 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 has no express burden or responsibility to provide the User with indications, markings or anything else that may help the User determine whether the material in question is copyrighted or trademarked. The user will be solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other damages resulting from said submission.
CORTES reserves the right to terminate this Agreement with any User who repeatedly infringes the copyrights of third parties if the copyright owner or the copyright owner’s legal agent notifies CORTES immediately.
License and Rights Granted: Subject to these Terms, CORTES grants you a limited, non-exclusive, non-transferable, non-assignable and revocable right to limited use of the Application for the purposes set forth in these Terms for the purpose of accessing and viewing 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, login and logoff and access to content that CORTES may provide, modify and limit in Occasionally.
You grant CORTES a transferable, assignable, free of charge, perpetual and 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 provide to the Application (the “User Generated Content”) including, but not limited to, using the information to provide products or services to you and to enforce applicable charges as more fully explained in these Terms. CORTES may assign the Terms and its rights derived from them. You may not assign your rights under these Terms.
By posting User-Generated Content on this Application or through any Third-Party Application, User shall be deemed to have granted 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 any territorial or time limitations; use such User Generated Content for promotions, advertising, market research, or any other lawful purpose; and sublicense such rights through multiple levels of sublicensees.
No Warranty and Release: The Application and the Service, including without limitation any and all parts thereof, are provided “as is” and use of the Application and/or the Service, including without limitation any and all one of the parts. Of the same, it is 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, warranties of merchantability and fitness of third parties for a particular purpose and the legal guarantee against non-infringement. There is no guarantee that the Service or Application will meet your requirements or that your access to it will be uninterrupted or error-free. CORTES and/or the CORTES entities, as applicable, do not warrant, endorse or make any representations regarding the use or the results of the use of the service or the application with respect to the performance, accuracy, reliability, security capacity, correctness or another type. You will not hold CORTES and/or CORTES entities, as applicable, liable for any damages resulting from your access to or use of the Service, and/or the Application, including, but not limited to, infections or contaminations of devices that is used to access them or to transfer information or data that may result from such use. No oral advice or written information given by CORTES and its officers, directors, owners, representatives, independent contractors, employees, agents or affiliates, third party vendors or business partners, will create a guarantee and you may not rely on such information or advice. CORTES is not responsible to you for any content provided through the service or for any downloads or content that you find objectionable.
CORTES will not be responsible for any alleged claim of copyright or trademark infringement resulting from the use of material published in the application by users.
Under no circumstances 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 or inability to use the service and/or the application, even if CORTES and/or its officers, directors, owners, representatives, business partners, Los independent contractors, employees, agents and affiliates, as applicable, have been advised of the possibility of such damages.
Release: You hereby forever release and 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 liability, claims , counterclaims, demands, damages, damages or causes of action, now or which may accrue hereafter, whether heretofore asserted or unasserted, known or unknown, arising out of or in any way related to the use of the application or any service by you or the purchase of any product or service by you, specifically including but not limited to any claim based in whole or in part on the alleged negligence of CORTES in the operation of the application, the service or otherwise.
Limitation of Liability and 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 from the use of the content, services, or transactions through this application or the inability to access 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, direct or indirect, 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, deactivate, suspend, or terminate your account and/or the Application and/or the Service or any part thereof for any or no reason with or without prior notice. 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 harmless CORTES and its officers, directors, owners, representatives, independent contractors, employees, agents and affiliates (collectively, the Indemnitees) for, from and against any loss, claim, action, demand, causes action and other proceedings (collectively, the “Claims”) for reasons in any way related to or arising out of:
- 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.
- Any misuse of information, including email addresses and email content arising from or related to your use of the Application and/or the Service.
- 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.
- Any violation of these Terms.
You agree to reimburse any and all Indemnified Claimants for any losses, costs, judgments, fees, fines, and other expenses incurred by them, including, without limitation, attorneys’ fees, court and filing fees and costs, as a result of any Claim.
You are solely responsible for any interactions with third party merchants and other users of the Third-Party Application(s). To the extent permitted by applicable law, the user releases CORTES from any and all claims or liabilities related to any product or service of third-party merchants, any action or actions of third-party merchants, including the breach of a third-party merchant with applicable law and/or your breach of the terms of offers and any conduct or speech, whether online or offline, of any other user.
Dominican Republic Governing Law and Jurisdiction: These Terms shall be construed and governed exclusively by the laws of the Dominican Republic, without regard to its conflict of law provisions or the laws of any other state or country or your state or country of current residence. You agree that the common law courts will have exclusive jurisdiction over any action brought to enforce the rights and obligations in or arising out of these Terms and you irrevocably submit to the jurisdiction of such courts.
Monitoring and Privacy: CORTES shall have the right, but not the obligation, to monitor the content of the Application, content, and External Applications at all times, including chat rooms and forums that may hereafter be included as part of the Application to determine compliance with these Terms and the operating rules established by CORTES, as well as to satisfy any applicable law, regulation, or authorized government request. Notwithstanding the foregoing, CORTES shall have the right, but not the obligation, to remove any material that CORTES, in its sole discretion, deems to be in violation of the provisions hereof or otherwise objectionable.
The user acknowledges that all ratings discussions, comments, bulletin board service or message boards, chat rooms and/or other messaging or communication facilities (collectively “Exchanges” or “Exchange”) are public and not private communications, and that, therefore, others can read the User’s communications without the User’s knowledge. CORTES does not control or endorse the content, messages, or information found on any exchanges, and therefore CORTES specifically disclaims any liability related to exchanges and any actions resulting from users’ participation in any exchanges, including any objectionable content.
Termination of Agreement and Third-Party Liability: CORTES may terminate this Agreement at any time. Notwithstanding the foregoing, CORTES shall have the right to immediately terminate or suspend the User’s passwords or accounts in the event of any conduct by the User or that CORTES, in its sole discretion, deems unacceptable, or in the event of non-compliance by the User of this Agreement.
Termination of your account is your sole right and remedy with respect to any dispute with CORTES and you agree that such right is appropriate and represents the allocation of risk and is consistent with the prices, fees and considerations under these Terms.
In many cases, the content available through this Application represents the opinions and judgments of the respective information provider, User or other user who is not under contract with CORTES. CORTES does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made about 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 User’s responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, etc., or other content available through CORTES.
Miscellaneous and 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 hereunder is a waiver of any prior or subsequent breach. Section titles used in this document are for convenience only and shall have no legal force or effect. If a court competent jurisdiction declares any provision of this agreement invalid, such invalidity will not affect the enforceability of any other provision contained in this Agreement, and the remaining portions of this Agreement will 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 herein.
You should be aware that parental control protections are readily and commercially available and can help you limit access to material that is harmful to minors.
Force majeure and export restrictions:
CORTES shall not be liable in any amount for failure to comply with these Terms if such failure is caused by power, Internet or communications outages, fire, flood, earthquake, tornado, hurricane, war, pandemic, act of God, or the occurrence of any other unforeseen or event beyond the control of CORTES. If you do not receive Service due to network congestion or unavailability, you may contact CORTES at the email provided below.
United States export laws and regulations restrict export and/or re-export by discharge or otherwise to certain embargoed countries including, but not limited to, Cuba, Iraq, Libya, North Korea, Iran, and Syria. By downloading the Application, you represent that you are not located in any of the prohibited countries.
Arbitration and Representation: By using this Application, User agrees that: (1) any claim, dispute, or controversy User may have against CORTES arising out of, related to, or connected in any way with this Agreement, this Application, or any Applications, or the content, any products or services, will be resolved exclusively by final and binding arbitration and will be held before a single arbitrator in accordance with the applicable Rules and Procedures (“Rules and Procedures”) established by the laws of the Dominican Republic (“Arbitration Forum”); (2) the arbitration will take place in the Dominican Republic or in any other place that the User and CORTES mutually agree; (3) the arbitrator will apply Dominican Republic Arbitration Law and applicable statutes of limitations, and will honor claims of privilege recognized by law. If any part of this arbitration provision is held invalid, unenforceable or illegal, or if it conflicts with the Rules and Procedures established by the arbitration forum, then the balance of this arbitration provision will remain in force and will be interpreted in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
You must represent that you are of legal age to enter a binding contract. You must be at least 18 years of age to use the Application. However, if you are at least 16 years old, but not yet 18, you may use the Application together with your parent or guardian who agrees to these Terms. No one under the age of 16 may use the Application
Customer Service & Contact Information:
|Cortés Hermanos & CO., S.A.S
Francisco Villaespesa St. #175 Villa Juana, Santo Domingo, Dominican Republic
|For customer services, please contact us via E-mail: email@example.com|
The language, terms and provisions appearing in the “Customer Service” link on 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 inconsistency between them and the language, terms and clauses that appear in the “Customer Service” link. In particular, the “Customer Service” link may provide some of the terms and clauses that address 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 contrary to public order, the remainder of these Terms and Conditions of Use shall survive in full force and effect and the unenforceable portion shall be construed in accordance with applicable law as closely as possible to reflect the original intentions of the parties. The failure of CORTES to pursue any claim or defense available under these Terms shall not constitute a waiver of such claim or defense. Headings used in this Agreement are for convenience only and shall have no effect on the legal interpretation or enforceability of any terms herein.