Terms and Conditions of Services
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. GENERAL INFORMATION
This Terms of Service Agreement ("Agreement") is entered into between Vicari, registered office 9983905263, Mexico ("Company") and you, and is effective as of the date of use of this website http://vicari .mx ("Site") or the date of electronic acceptance.
The Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements incorporated herein, at any time, and such Changes or modifications will be effective immediately upon posting on this Site. Your use of this Site or the Services after such changes or modifications have been made will constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
This Site and the Services are available only to Users who can enter into legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as capable of forming legally binding contracts under applicable law, and (iii) is not a person prevented from purchasing or receiving the Services under the laws of Mexico or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, the Company discovers that you do not have the legal authority to bind such corporate entity, you will be personally liable for the obligations contained in this Agreement.
3. RULES OF USER CONDUCT
By using this Site, you acknowledge and agree that:
Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal or promotes or encourages illegal activities;
- Promotes, encourages, or participates in child pornography or the exploitation of children;
- Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages, or participates in any spam or other unsolicited mass email, or computer or network hacking;
- Infringes the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality owed to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs viruses, worms, bugs, Trojan horses, cryptocurrency miners or other code, files or programs designed or capable of using large resources, interrupting, damaging or limiting the functionality of any software or hardware
- copy or distribute in any medium any part of this Site, except as expressly authorized by the Company,
- modify or alter any part of this Site or any of its related technologies,
- access Company Content (as defined below) or User Content through any technology or means other than through this Site itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions of this Section apply specifically to your use of Company Content posted on the Site. Company Content on this Site, including but not limited to text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and trademarks trademarks, service marks and logos contained therein ("Company Content"), are owned or licensed in perpetuity by Vicari, and are subject to copyright, trademark and/or patent protection. .
The Companies Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed , transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without the prior written consent of the Company. This Agreement does not grant any right or license under any copyright, trademark, patent or other proprietary right or license.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL DEFECTS". THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL STATUTORY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY LINKED SITE (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND ON THIS SITE OR ANY SITE LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR THE SAME
FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS AND THIRD PARTY SERVICE PROVIDERS SHALL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) ) WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND ON THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and will survive any termination or expiration of this Agreement or your use of this Site or the Services found on this Site.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY LINKED SITE (THROUGH HYPERLINKS, ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND ON THIS SITE OR ANY SITE LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (V) THIRD PARTY CONDUCT OF ANY NATURE, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY LINKED SITE (VIA HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY LINKED SITE (VIA HYPERLINKS, BANNER ADVERTISEMENTS OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO CHILDREN OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS SITE OR THE SERVICES FOUND ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT ADVISED TO THE COMPANY OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found on this Site must be commenced within one (1) year after the cause of action accrues. ; otherwise, such cause of action is permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND ON THIS SITE.
You agree to protect, defend, indemnify and hold harmless the Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed or incurred by the Company arising directly or indirectly from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements incorporated herein; and/or (iii) your violation of any third party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section will survive any termination or expiration of this Agreement or your use of this Agreement. Site or the Services found on this Site.
8. TRANSFER OF DATA
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international borders. By visiting this Site and communicating electronically with us, you consent to such transfers.
9. WEBSITE AVAILABILITY
Subject to the terms and conditions of this Agreement and our policies, we will use commercially reasonable efforts to attempt to provide this Site 24 hours a day, 7 days a week. You acknowledge and agree that from time to time this Site may be inaccessible for any reason, including but not limited to periodic maintenance, repairs or replacements that we perform from time to time, or other causes beyond our control, including , among others, interruption or failure of telecommunications links or digital transmission or other failures.
You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we have no liability to you or any other party in connection therewith.
10. DISCONTINUED SERVICES
The Company reserves the right to discontinue offering or providing any of the Services at any time, for any or no reason, and without notice. Although the Company makes every effort to maximize the useful life of all its Services, there are times when a Service we offer will be interrupted. If that is the case, that product or service will no longer be supported by the Company. In such event, the Company will offer you a comparable Service for you to migrate or a refund. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of any of the Services that we may offer or provide access to.
11. FEES AND PAYMENTS
You acknowledge and agree that your payment will be collected and processed by Vicari.
You agree to pay any and all prices and fees due for Services purchased or obtained on this Site at the time you request the Services.
The Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online on this Site and become effective immediately without notice.
Refund Policy: For products and services eligible for a refund, you may request a full refund within 30 days of purchase ("Refund Period"). The refund will be processed within 30 days from the request. In no event will you be eligible for more than one refund for the same service.
12.NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any rights or benefits on any third party
13. COMPLIANCE WITH LOCAL LAWS
The Company does not represent or warrant that the content available on this Site is appropriate in all countries or jurisdictions, and access to this Site from countries or jurisdictions where your content is illegal. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.
14. APPLICABLE LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Mexico, excluding the rules on conflicts of laws.
15. DISPUTE RESOLUTION
Any controversy or claim arising out of or related to these Terms of Service will be resolved by binding arbitration. Any controversy or claim must be submitted to arbitration on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must take place in Mexico, and judgment on the arbitration award may be entered in any court having jurisdiction over it.
16. TITLES AND HEADINGS
The titles and headings in this Agreement are for convenience and ease of reference only and shall not be used in any way to construct or construe the parties' agreement as set forth herein.
Each covenant and agreement in this Agreement shall be construed for all purposes as a separate and independent covenant or agreement. If any provision (or part of a provision) of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, the remaining provisions (or parts of provisions) of this Agreement shall not be affected thereby and shall be deemed to be valid and enforceable to the fullest extent permitted by law.
18. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address: