Welcome to corgasa.pe provided by CORGASA INGENIEROS (the “Company”, “we” or “us”). We are pleased to offer you access to the Service (as defined below), subject to these terms and conditions (the “Terms and Conditions”) and the corresponding Corgasa.pe Privacy Policy. By accessing and using the Service, you express your consent, agreement and understanding of the Terms and Conditions and the Privacy Policy. If you do not agree to the Terms and Conditions or the Privacy Policy, do not use the Service.
1. General information about the Terms and Conditions
1.1. The Company owns and operates the corgasa.pe site. We offer you the possibility of learning various occupational health and safety topics, high-risk jobs and integrated management systems through our online services (educational platform, chat, blog, etc.) and the functionality of the site, as well as offline through face-to-face courses and conferences.
1.2. Brief summary of the Terms and Conditions. The following is a brief summary of certain terms and conditions included in these Terms and Conditions. However, this summary is provided solely for your convenience; therefore, you should read all Terms and Conditions before accepting them.
- The Service only works with your personal computer and compatible devices.
- We reserve the right to make periodic updates to the Service, with or without prior notice.
- The Service includes features related to security and tampering that, if activated, could cause content previously available for use to cease to be available thereafter.
- You must be at least 18 years of age to accept these Terms and Conditions, it being understood, however, if you are under 18 years of age, your parent or legal guardian may accept them on your behalf.
- By using the Service, you authorize the collection, processing and use of all information related to your use of the Service, which is collected and handled in accordance with the terms of our Privacy Policy. You understand that you may encounter content that you find objectionable.
- We reserve the right, at our discretion, to change these Terms and Conditions at any time, without prior notice. In the event of any material changes, we will use commercially reasonable efforts to notify you and obtain your consent before implementing such changes.
- The corgasa.pe website disclaims, to the maximum extent permitted by law, certain representations and warranties related to the Service, and limits its liability with respect to the same.
- If you have any questions about these Terms and Conditions, or wish to contact us for any reason, please write to CORGASA INGENIEROS, Riomar C-12, Belén, Maynas, Loreto, 16006 PE. Attention: Commercial and Legal Matters; or send an email to comercial@corgasa.pe.
2. Permission to use the Service; reservation of rights
By accepting these Terms and Conditions, you are granted a limited, non-exclusive, non-transferable, non-sublicensable right to enter, access and use the Service solely for personal, non-commercial use. All rights not expressly granted to you in these Terms and Conditions are reserved by the Company and its licensors, as applicable. You agree that this permission is for your personal, non-commercial use and that no one other than you will use the Service. You have no rights to copy or reproduce any portion of the Service in whole or in part, including without limitation, the content of corgasa.pe. Other than the limited license granted in Section 2, you have no other right, title or interest in the Service. You understand and acknowledge that, in all circumstances, your rights with respect to the Service will be limited by applicable copyright or intellectual property laws and these Terms and Conditions.
3. Service Description
3.1. Your Account and Registration Information. You may browse, preview and search within the Service without opening a corgasa.pe Account or providing registration information. However, for any other use of the Service and access to corgasa.pe content, you must open an account and provide registration information to the Company.
3.2. Access to corgasa.pe content. Ownership of corgasa.pe Content is further defined in Section 8 (Intellectual Property) of these Terms and Conditions. You may access corgasa.pe Content as many times as you wish provided you have subscribed to the Service. You are also permitted to transfer corgasa.pe podcasts to certain portable devices for personal, non-commercial use. In addition, you may burn corgasa.pe podcasts to CD or DVD for personal, non-commercial use. However, once you have transferred and/or recorded corgasa.pe Content to such media, you agree not to copy, reproduce, distribute or transfer such content to any other media or device, or distribute or transfer it to any other person or third party. The recording and transfer functions of corgasa.pe Content are solely for your convenience and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright holders of corgasa.pe Content, including any musical compositions therein.
3.3. Additional Software and Hardware Terms. Please note that there may be separate end-user license agreements and Terms and Conditions that you must agree to for any hardware and software that you use in connection with the Service, or that may interact with the Service. Your refusal to agree to the terms of such agreements may limit your ability to fully utilize the Service. In addition, the Service only works with compatible devices.
4. Promotions and Guarantee
4.1. Promotions. The Company, other Corgasa.pe entities and certain third parties may, from time to time, place advertisements or present promotional offers and materials on or through the Service. Your participation in any promotion or offer is subject to applicable rules relating to the promotion. Your dealings with other entities or third parties, as well as your participation in third party promotions or offers advertised or appearing on the Service, are solely between you and such third party. Please note that you must be at least 13 years of age to participate in any promotion or offer that is connected or related in any way to the Service. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING AS A RESULT OF SUCH DEALINGS OR THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
5. Restrictions
5.1. Company rules and policies. When using the Service, you will be subject to any other guidelines or rules applicable to specific services and features that may be posted from time to time (the “Guidelines”). All Guidelines are incorporated by reference into these Terms and Conditions. These Guidelines will apply generally on a non-discriminatory basis to all end users of the Service and may include, for example, required or automatic software updates, modifications, and reinstallations, and obtaining available patches to, among other reasons, address security, interoperability, and/or performance issues. These updates, modifications, and similar operations may be performed periodically or as needed, without prior notice. You further understand that certain aspects of the Service are capable of monitoring themselves and may create a special identification system for security-related and tamper-detection purposes. Your access to certain applications is subject to restrictions for security reasons or pursuant to corgasa.pe’s consistently enforced Content protection policies. You understand and agree that corgasa.pe Content previously available for your use may no longer be available at that time.
5.2. Age requirement. You must be at least 18 years of age to agree to and accept these Terms and Conditions on your behalf. If you are under 18, your parent or legal guardian must agree to these Terms and Conditions and register for the Service on your behalf. Pursuant to the Children's Online Privacy Protection Act (COPPA), as amended from time to time, if you are under 13 years of age, you are requested not to provide any information to the Company, whether through use of the Service, participation in any promotions, contests or sweepstakes related to the Service, or through any other activity.
5.3. Prohibited conduct. You will not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are unlawful, obscene, threatening, unsolicited mass mailing or “spam,” defamatory, invasive of privacy, or (ii) that violate or infringe copyrights, trademarks, patents, trade secrets or other intellectual property rights, rights of privacy or publicity, communications regulations or statutes, or any other laws, including, without limitation, laws regarding defamation, harassment, obscenity and pornography; (iii) that constitute political campaigning or solicitation of sales or marketing or that contain software viruses or other computer code intended to interfere with the functionality of computer systems, or (iv) that are otherwise harmful to minors. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. During the Courses, students are expected to conduct themselves in an appropriate and respectful manner, taking into account a high standard of education and career progression towards other people. Any violation of the provisions hereof will be subject to review and appropriate action that the Company decides to take, in its sole discretion, including the right to Terminate the Service as provided in Section 9.3 hereof. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.
5.4. Restriction about the use related to the Service. The Service includes security components so special rules and policies apply. You shall not attempt (or support anyone else's attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble or otherwise modify, alter or interfere with any aspect of the Service. You may not distribute, exchange, modify, sell or resell, or transmit to any other person any part of the Service, including without limitation any text, images or audio, for any business, commercial or public purpose. You agree not to copy, sell, distribute or otherwise transfer any Content from corgasa.pe except as expressly permitted herein..
5.5. Restriction about the use related to the corgasa.pe Account. You may only open a Corgasa.pe account for yourself, and not for any other person, subject to the provisions of the section above entitled “Age Requirements.” You agree that you will not allow any other person to use the Registration Information and/or corgasa.pe Account and agree that you are solely responsible for maintaining the confidentiality and security thereof. You agree to immediately notify the Company of any unauthorized use of your password and/or corgasa.pe Account by emailing us at comercial@corgasa.pe. If you use or open an account on the Service on behalf of a company, entity or organization (collectively “Subscriber Organization”), then you represent and warrant that you are an authorized representative of such Subscriber Organization with the authority to bind such organization to these Terms and Conditions, and you agree to be bound by these Terms and Conditions on behalf of such Subscriber Organization..
5.6. Restriction on use related to corgasa.pe Content. Except as expressly permitted herein, the rights granted to you hereunder do not confer upon you any of the following: (a) reproduction or promotional use rights in the corgasa.pe Content, (b) rights to enter into agreements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute the corgasa.pe Content in streaming applications (via the Internet, intranets and/or other networks), (d) rights to distribute to other persons the corgasa.pe Content on other content distribution systems (pay-per-view or audio-on-demand applications, etc.) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial use, sale, resale, reproduction, distribution or promotional rights in the corgasa.pe Content. Any digital rights management solution provided with corgasa.pe Content is an inseparable part of it, and may not be circumvented except to the extent permitted by applicable law. If you are in possession or control of corgasa.pe Content, it is your responsibility not to lose, destroy or damage such content..
6. Charges and billing
4.1. Promotions. The Company, other Corgasa.pe entities and certain third parties may, from time to time, place advertisements or present promotional offers and materials on or through the Service. Your participation in any promotion or offer is subject to applicable rules relating to the promotion. Your dealings with other entities or third parties, as well as your participation in third party promotions or offers advertised or appearing on the Service, are solely between you and such third party. Please note that you must be at least 13 years of age to participate in any promotion or offer that is connected or related in any way to the Service. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING AS A RESULT OF SUCH DEALINGS OR THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
7. Special notifications
As a user of the Service, please note the following:
7.1. Privacy. By registering for the Service, you consent to the collection and processing of all information relating to your use of the Service, including Registration Information. The Company collects and handles this information in accordance with the terms of the Privacy Policy, which is expressly incorporated into these Terms and Conditions by reference. By agreeing to these Terms and Conditions, you also agree to the Privacy Policy which is available on the Company's website..
7.2. Accuracy of information. You represent and warrant that all information (including Registration Information and responses to polls and surveys) you provide to the Company is correct, complete, and current, and that you agree to update such information as necessary. You also agree that any information provided by you to the Company will not violate any law or regulation, or infringe upon the rights of any third party..
7.3. Certification of residence and capacity to enter into contracts. By opening an Account on the corgasa.pe e-learning service, you represent and warrant to the Company that you reside in the territory you have indicated in your profile and that you have the capacity to enter into contracts under the laws of your jurisdiction..
7.4. Nature of the content. You understand that by using the Service and accessing corgasa.pe Content, you may encounter materials that you may find explicit, offensive, or otherwise objectionable. The Company may include, if available, information regarding ratings, content type, and descriptions, if such information is provided by the relevant owners of the corgasa.pe Content. However, the Company is not responsible for the accuracy of such information. You agree as follows, regardless of whether or not the Service includes parental control features and regardless of how often you use such features: (a) it is your responsibility to determine what corgasa.pe Content or materials within the Service meet your standards, and (b) under no circumstances will the Company or its Affiliates or content providers be in any way responsible for any corgasa.pe Content or materials you access. You agree that you use the Service at your own risk and that the Company and its Affiliates shall have no liability to you with respect to any content or materials contained within the Service..
7.5. Promotions. Neither the Company nor its Affiliates shall assume any responsibility and shall not be liable for any damage or virus that causes damage to your computer or other property on account of your access to, use of, downloading from, or browsing the Service..
7.6. Promotions. The Company is not responsible for the content or availability of RSS feeds or websites linked to the Service, nor is it responsible for any third party websites that may have links to or from the Service. Your access to RSS feeds and links to other websites is entirely at your own risk. All RSS feeds and links are provided for your convenience only and should not be construed as an endorsement by the site owner/sponsor. The Company disclaims any warranty, express or implied, as to the accuracy, quality or any other aspect of any material or information contained in such RSS feeds and websites..
7.7. Promotions. The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without prior notice to you. All changes will be effective immediately. In the event of any material changes, we will use commercially reasonable efforts to notify you and obtain your consent prior to implementing such changes. We encourage you to check these Terms and Conditions periodically for changes. Your continued use of the Service following the posting of any such changes constitutes acceptance of those changes..
7.8. Promotions. The Company may add, change, terminate, remove or suspend any material incorporated into the Service, including features, prices and specifications of products described or reviewed on the Service, temporarily or permanently, at any time, without notice and without liability. In addition, the Company and/or the owners of corgasa.pe Content may, from time to time, remove corgasa.pe Content from the Service without notice, and the Company may at any time lose the right to make certain corgasa.pe Content available..
8. Intellectual property
8.1. Secrets. The Service contains and/or incorporates trade secrets, patented (and/or patent pending) inventions and/or other proprietary materials and intellectual property of the Company and/or its licensors. All title and ownership rights in the Service, including without limitation the corgasa.pe Content and any related copies of the Service and corgasa.pe Content, remain the property of the Company and its licensors, as applicable. You agree to keep confidential any information contained in the Service that is not in the public domain, and not to disclose such information to any third party without the prior written approval of the Company..
Students are not authorized to attempt to reconfigure, decompose or reverse engineer the corgasa.pe website, the Service and/or the corgasa.pe Content..
8.2. Copyright. The Content on corgasa.pe and other works of authorship contained in or made part of the Service (collectively, the “Content”) are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Content is licensed, not sold. You may not make unauthorized copies or use any part of the Content except as provided herein and in accordance with applicable law. All title and copyright in and to the Content and the Service (including, without limitation, images, photographs, animations, video, audio, code, articles, text and “applets” incorporated into the Service) are owned by the Company or its licensors. You agree to comply with all applicable copyright laws in connection with your use of the Service and the Content. In addition to what is set forth in these Terms and Conditions, the Company may take appropriate measures to protect the copyright in the Content..
8.3. Trademarks. You may not use any of the Trademarks found within the Service except as specified herein and in accordance with applicable law. You may not copy, display or use any of the Trademarks without the prior written permission of the owner. Any unauthorized use may violate trademark laws, the laws of privacy and publicity, and civil or criminal laws. The Trademarks listed below are registered trademarks of the Company, its direct or indirect parent companies, and/or its Affiliates, licensors or third party owners. Nothing contained on the Service should be construed as granting by estoppel or otherwise, any license or right to use any Trademark. Please note that the following list of Trademarks is updated periodically. Therefore, neither this list nor any updates thereto are all-inclusive. For questions regarding any of the Trademarks or the following list of Trademarks, please direct your inquiries to corgasa.pe, at Riomar C-12, Belén, Maynas, Loreto, 16006 PE. Attention: Commercial and Legal Matters; or send an email to comercial@corgasa.pe, the “corgasa.pe” logo, corgasa.pe platform, and other trademarks used in the Service are registered trademarks of their respective owners..
8.4. Company Rights Regarding Materials You Post. By submitting messages, feedback, inputting data or engaging in any other form of communication through the Service (if permitted by the Company), you represent that you have all rights to post such materials, that such materials do not violate any third party rights, and that you agree that the Company may copy, sublicense, adapt, transmit, publicly perform or display any such content in order to provide and/or promote the Service and/or respond to any legal requirement, claim or threat. If the Company's use of such content exploits any proprietary rights you may have in such material, you agree that the Company has an unrestricted, royalty-free, non-exclusive, perpetual right to do so throughout the world. You agree that any loss or damage of any kind incurred as a result of the use of any message, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service, is solely your responsibility..
8.5. Action for infringement of intellectual property rights. If the Company receives a notice alleging or reasonably suspects that you have engaged in conduct that infringes any of the intellectual property rights of the Company or its Affiliates, or any third party, the Company may suspend or terminate your access to the Service without notice. If the Company acts pursuant to this Section, the Company will have no liability to you, including for any amounts you have previously paid or any credits you have on the Service...
8.6. Compliance with the Copyright Protection Act in the Digital Millennium. If you are a copyright owner or an agent thereof and believe that any user-submitted materials, or other materials not owned by the Company, violate your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent (listed below) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyrighted work that is claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service, (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which notice is given, (d) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which notice is given, (e) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which notice is given, (f) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which notice is given, (g) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which notice is given, (h) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which notice is given, (i) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which notice is given, (j) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which notice is given, (k) identification of the material that is claimed to be infringing or to be the subject of access to the material to be disabled, and information reasonably sufficient to permit Video Greetings to locate the material; (d) information reasonably sufficient to permit Video Greetings to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, (e) a statement that the complaining party believes in good faith that use of the material in question is not authorized by the copyright owner, its agent, or the law, and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you have any questions regarding this matter, please feel free to contact us..
9. Standard Terms
9.2. Resources. You agree that any unauthorized use of the Service and any technology contained therein could cause irreparable harm to the Company for which monetary damages would not be an adequate remedy. Therefore, in such event, the Company shall be entitled, in addition to any other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any such unauthorized use. Nothing contained in this Section or elsewhere in these Terms and Conditions shall be construed to limit the remedies available pursuant to legal or other claims the Company may have under independent legal authority. You understand and agree that termination of your Corgasa.pe account is your sole right and remedy with respect to any dispute with the Company..
9.2. Compensation. You agree to defend, indemnify and hold harmless the Company from and against any and all claims, losses, damages, liabilities, deficiencies, judgments, liens, fines, costs and other expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, or any breach by you of these Terms and Conditions, and agree to reimburse the Company, upon request, for any losses, costs or expenses incurred by the Company as a result thereof.
9.3. Term; termination. The term of these Terms and Conditions will remain in effect until terminated as described herein. These Terms and Conditions and your rights to access, download and use the Service are subject to immediate termination, without notice, (a) if you breach (or the Company reasonably suspects that you have breached) any provision of these Terms and Conditions, or (b) upon the Company's discontinuance of dissemination or support of the Service. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must cease all use of the Service. If the Company terminates these Terms and Conditions, or suspends your Corgasa.pe Account for any of the reasons set forth in these Terms and Conditions, the Company will have no further obligation or liability to you and will not refund any amounts previously paid by you.
9.4. Legal notices; limitation of liability.
- YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND FROM THE COMPANY OR ITS AFFILIATES, AS APPLICABLE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN RESPECT OF PERFORMANCE, ACCURACY, RELIABILITY, SECURITY, CAPACITY, TIMELINESS, OR OTHERWISE. YOU WILL NOT HOLD THE COMPANY OR ITS AFFILIATES LIABLE FOR ANY DAMAGES ARISING FROM YOUR ACCESS (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS, OR REGISTERED MOBILE DEVICES YOU USE TO ACCESS THE SERVICE. THE OPERATION OF THE SERVICE IS NOT WARRANTED TO BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE ANY WARRANTY IN RELATION TO THE COMPANY OR ITS AFFILIATES.
- THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE COMPATIBLE WITH ANY PERSONAL COMPUTER, CD OR DVD PLAYER, CD OR DVD RECORDER, OR REGISTERED MOBILE DEVICES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SYSTEMS FUNCTION PROPERLY WITH THE SERVICE.
- THE SERVICE MAY CONTAIN VIEWS, ADVICE, STATEMENTS AND OPINIONS, WHICH REPRESENT THE VIEWS, ADVICE, OPINIONS AND STATEMENTS OF THE INDIVIDUAL AUTHORS AND NOT NECESSARILY THOSE OF ANY AFFILIATED COMPANY. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY VIEWS, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION PROVIDED BY SUCH AUTHORS. SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION ARE SOLELY THOSE OF THE AUTHORS AND CANNOT BE ATTRIBUTED TO THE COMPANY OR ITS AFFILIATES. YOUR RELIANCE ON SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION IS ALSO AT YOUR OWN RISK. THE COMPANY SHALL NOT BE LIABLE TO ANYONE FOR ANY INACCURACIES, ERROR, OMISSION, INTERRUPTION, TIMELINESS, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMMUNICATION LINE FAILURE, ALTERATION OR USE OF THE AUTHOR'S WORKS, REGARDLESS OF THE CAUSE, OR FOR ANY DAMAGES WHATSOEVER RESULTING THEREFROM. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES OR VIRUSES THAT MAY DAMAGE YOUR COMPUTER SYSTEM OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE AUTHOR'S MATERIALS.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THESE TERMS AND CONDITIONS, OR THE SUBJECT MATTER OF ANY OF THE FOREGOING, UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO: (1) DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE OF THE SERVICE AND ANY DOWNLOADS OR ANY RELATED EQUIPMENT, DOWNTIME AND USER TIME, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (2) DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN VIOLATION OF THESE TERMS AND CONDITIONS, IN PARTICULAR THE LIMITATIONS REGARDING USE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY CONTENT OR ANY USE OF THE SERVICE TO DEVELOP, DISTRIBUTE OR USE ANY MATERIAL THAT IS DEFAMATORY, LIBELOUS, DEFURIOUS OR OBSCENE, THAT GIVES A FALSE IMPRESSION OF ANY PERSON, THAT CONSTITUTES AN INVASION OF ANY PRIVACY RIGHT OR A VIOLATION OF ANY RIGHT OF PUBLICITY, THAT VIOLATES OR INFRINGES ON THE RIGHTS OF ANY THIRD PARTY, OR THAT VIOLATES ANY FOREIGN, FEDERAL, STATE OR LOCAL LAW OR REGULATION.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT, IN A PARTICULAR CIRCUMSTANCE, ANY DISCLAIMERS OR LIMITATIONS ON DAMAGES OR LIABILITY SET FORTH HEREIN ARE PROHIBITED BY APPLICABLE LAW, THEN, IN LIEU OF THE PROVISIONS HEREIN IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS OF DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY UNDER SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE. IN NO EVENT WILL SUCH DAMAGES OR THE COMPANY'S TOTAL LIABILITY EXCEED THE FEES PAID BY YOU IN THE PAST 12 MONTHS OR $10, WHICHEVER IS GREATER.
9.5. Choice of law and territorial jurisdiction. These Terms and Conditions and your use of the Service shall be governed by the laws of the State of Florida, excluding (i) its conflict of laws principles, (ii) the United Nations Convention on Contracts for the International Sale of Goods, (iii) the 1974 Convention on Limitation Periods in the International Sale of Goods, and (iv) the Protocol Amending the 1974 Convention, done at Vienna on April 11, 1980. You agree that any claim or dispute with the Company or any Affiliate, or arising out of or relating to these Terms and Conditions, the Service, or your use of any of them, shall be brought in an appropriate state or federal court located in Miami-Dade County, Florida. You agree to submit to the exclusive jurisdiction and venue of such courts and waive any objection as to jurisdiction, venue, or improper venue in such courts. THE PARTIES WILL NOT BRING A DISPUTE IN CONNECTION WITH SUCH, AND HEREBY WAIVE TRIAL BY JURY AND/OR ANY DEFENSES BASED ON VENUE, INAPPROPRIATE COURT, LACK OF PERSONAL JURISDICTION, SUFFICIENCY OF SERVICE, OR OTHER SIMILAR REASONS IN ANY SUCH ACTION OR DISPUTE. To the extent permitted by law, the provisions of these Terms and Conditions shall supersede the provisions of the Uniform Commercial Code and the Uniform Electronic Transactions Act adopted or applied to the Service in any competent jurisdiction..
9.6. Full agreement and divisibility. These Terms and Conditions, the Privacy Policy, the Purchase Terms, and the Payment Authorization (including any modifications or revisions made by the Company to any of these documents) together constitute the entire agreement between you and the Company, with respect to its subject matter, and supersede all prior and/or contemporaneous agreements and understandings, whether written or oral, between you and the Company with respect to the subject matter hereof. Except as expressly set forth herein, these Terms and Conditions may not in any way be amended, modified or supplemented by the parties except by a written instrument signed by an authorized officer of the Company. If any portion of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms and Conditions shall be construed to reasonably reflect the intention of the parties. Headings are for convenience of reference only and in no way define, limit, construe or describe the scope or content of such section. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in writing and signed by an authorized officer of the Company. These Terms and Conditions shall be binding upon and inure to the benefit of each party's successors and assigns, provided that you may not assign or transfer these Terms and Conditions, in whole or in part, without the prior written consent of an authorized officer of the Company..
9.7. Subsequent Owner of the Service; Merger/Acquisition of the Company. By using the Service, you agree that the Company or one of its Companies may, in the event of a merger, acquisition, or sale of the Service, or of all or substantially all of the assets of the Company, assign its rights and obligations in connection with the Service to a subsequent applicable owner or operator. In the event of such merger, acquisition, or sale, your continued use of the Service signifies your agreement to be bound by the Service Terms and the privacy policy of the subsequent owner or operator of the Service..
9.8. Supervision. The paragraphs of these Terms and Conditions entitled “Indemnification,” “Limitation of Liability,” “Choice of Law and Jurisdiction,” “Fees and Billing,” “Company’s Rights to Materials You Post,” “Remedies,” and “Disclaimers” shall survive termination..
10. Definitions
“Affiliates” means the Company and its direct and indirect parent companies, agents, employees, licensors, distributors, business partners, suppliers and affiliates (and each of the foregoing entities’ respective officers, directors, employees and agents).
“CORGASA INGENIEROS Account” means a user account registered in the Service.
“corgasa.pe Content” means the music, images, text, and other materials that you may obtain or access digitally from the Service, which content is the property of the Company or third-party licensors.
“Privacy Policy” means the Company’s Privacy Policy, which can be accessed by clicking on the link located at the bottom of the main page of the Service, which may be amended, modified or revised from time to time by the Company as indicated in the terms of the Privacy Policy.
“Registration Information” means the information you provide to the Company or the Service when you register for a corgasa.pe account and during the setup process you undertake to use the Service (including a unique member (user) name, password and your valid email address).
11. Preguntas
If you have any questions or comments about these Terms and Conditions, please feel free to contact us through the following page https://corgasa.pe/contactanos.
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