Your use of our Internet sites or any of the information, links,
products or services offered on those sites (collectively, the
“Services”) is subject to these Terms of Use (these
“Terms”). todoDATA, at its sole discretion, may change the
Terms, conditions and operation of this website (the
“Site”) at anytime without notice to you. By using this
Site and/or any of its Services, you agree to the Terms and Conditions,
including any modifications we make, and further waive any rights or
claims you may have against todoDATA.
1) Some of the Services
may be subject to additional posted conditions. Your use of those
Services is subject to those conditions, which are incorporated into
these Terms by reference. In the event of an inconsistency between
these Terms and any additional posted conditions, the provisions of the
additional conditions shall control.
2) The content available
through the Site is the sole property of todoDATA or its advertisers,
suppliers or licensors. All material published on our sites, including,
but not limited to, written content, photographs, graphics, images,
illustrations, marks, logos, sound or video clips, and Flash animation,
are protected by patent, copyright, trademark and other intellectual
property laws. Except as otherwise explicitly agreed in writing,
todoDATA-owned content received through the Site may be downloaded,
displayed, reformatted and printed for your personal, non-commercial
use only. Content owned by todoDATA advertisers, suppliers or licensors
may be subject to additional restrictions. You agree not to modify,
reproduce, retransmit, distribute, disseminate, sell, publish, create
derivative works of, broadcast, circulate or in any way exploit any of
the materials or content received through the Site to anyone without
todoDATA's express prior written consent.
a) You may be
exposed to content that you find offensive, indecent, or objectionable
or that is inaccurate, and you bear all risks associated with using
that content. We have the right, but not the obligation, to remove any
content that may, in our sole discretion, violate these Terms or that
is otherwise objectionable.
3) Our sites contain links to other
Internet sites owned by third parties. Your use of each of those sites
is subject to the conditions, if any, that each of those sites has
posted. We have no control over sites that are not ours, and we are not
responsible for any changes to or content on them. Our inclusion on our
sites of any third-party content or a link to a third-party site is not
an endorsement of that content or third-party site.
4) By using this Site, you agree under penalty of perjury to make the following statements:
a) I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside.
b)
Any material that I am viewing is exclusively for my own personal use
and I will not give, sell or otherwise provide any of it to anyone
else.
c) I believe I have the unalienable right to read and/or view any type of material I choose.
d)
I am aware of the standards of my local community with respect to the
materials offered on this Site; I am familiar with the materials
offered by this Site; and I represent, warrant and certify that the
links, information, and use of materials on this Site do not violate
any standard or law that applies to me. In the event that a law that
applies to me comes in to affect that would prevent me from viewing
material on this Site, I agree to no longer access this Site.
e) I recognize that this Site has no control over the content of
websites which are listed or linked on it and that it takes no
responsibility for the content of those other sites.
5) By
viewing and/or using this Site, you agree that todoDATA will not be
liable for any commercial loss; inconvenience; loss of use, time, data,
goodwill, revenues, profits, or savings; or any other special,
incidental, indirect, or consequential damages in any way related to or
arising from your use of this Site and/or Services. You agree to
defend, indemnify and hold harmless to todoDATA, its employees,
directors, shareholders, members, officers, agents, subsidiaries and
affiliates from any and all claims, losses, damages, causes of action,
liabilities and expenses (including reasonable attorneys’ fees)
related to or arising out of your use of the Site and/or Services,
including without limitation claims made by third parties related to
your use of the Site and/or Services.
6) WE AND OUR
ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE todoDATA SITE AND
SERVICES ON AN “AS IS” AND “AS PROVIDED” BASIS,
WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT,
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
AVAILABILITY OF THE SITE OR SERVICES. SOME COUNTRIES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU. todoDATA MAKES NO REPRESENTATION THAT THE SITE
AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR, BUG OR VIRUS FREE AND
SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER
DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACESS
DELAYS, ANY INTERRUPTION AND/OR DATA DELIVERY, NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS BEYOND OUR REASONABLE
CONTROL.
7) WITHOUT LIMITING THE FOREGOING, todoDATA SHALL NOT
BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR
IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF THIS SITE OR
ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY
OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS
ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT
THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR LIABILITY EXCEED ONE
HUNDRED U.S. DOLLARS ($100).
8) YOU ACKNOWLEDGE THAT THIRD
PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND
SERVICES ON THE todoDATA SITE AND THAT todoDATA MAY FORM PARTNERSHIPS
OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO
FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU.
HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS todoDATA MAKING
ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR
SERVICES, NOR WILL todoDATA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND
SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY
HAVE AGAINST todoDATA WITH RESPECT TO THIRD PARTY PRODUCTS AND
SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9) Use of our
Site is subject to existing laws and legal process. Nothing contained
in these Terms shall limit our right to comply with governmental,
court, and law-enforcement requests or requirements relating to your
use of our sites.
10) You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of our Site, Services or these Terms must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
11) These Terms shall be construed in accordance
with the laws of the Dominican Republic and the parties irrevocably
consent to bring any action to enforce these Terms before a court of
competent jurisdiction in Santo Domingo, Dominican Republic.