TERMS AND CONDITIONS OF USE
Effective Date: November 19, 2020
These Terms and Conditions of Use (“Terms”) are entered into by and between you
and Luisdelrosal.com.
Please read the terms of use below –
1. Introduction.
Definitions.
Institutional Subscribers shall be defined as a business (“Business”), government
agency (“Agency”), school and related facilities (“School”), college or university
(“University”) or public library (“Library”).
“Authorized Users” shall be defined as the following: (a) in the case of Schools: its
students, its faculty members, administrators, and employed staff; (b) in the case of
Universities: its full or part-time students, its faculty members, administrators and
employed staff; (c) in the case of Businesses and Government Agencies: employees,
agents and representatives; and (d) in the case of a National, State or Public Library, its
Library patrons, Library customers, and Library users, employees, agents and
representatives. Only these individual persons are permitted to access the Services
remotely. Schools, Universities, Businesses and Government Agencies who are
members of a National, State or Public Library are not Authorized Users under a
Library’s license agreement with Luisdelrosal.com.
By using the Site, you represent to Luisdelrosal.com that you are of legal age and capacity to
enter into, and be bound by, this agreement.
2. License Grant and Usage Authorization.
This website is an online information and educational service provided by
Luisdelrosal.com consisting of information, services and content (as defined in Section 7) provided
by Luisdelrosal.com, and third parties. Luisdelrosal.com grants to you a
non-exclusive, non-transferable license for you and your authorized users (“Authorized
Users” as defined in Section 1 above) to access and use the services (“Services”),
identified in the Connection Form as incorporated herein by reference subject to the
terms and conditions of: (i) these Terms and Conditions of Use, the Privacy Policy and
other policies posted throughout the Site (collectively, the “Additional Terms”, which
are incorporated herein by reference, as the same may be changed from time to time by
© 2023 Luisdelrosal.com. All rights reserved.
The Additional Terms along with your Connection Form shall be
collectively referred to as the “Agreement”. In the event of a conflict between the terms
of this Agreement, Connection Form, and any other terms, the terms of these Terms
and Conditions of Use shall control.
The right to use the Services is granted only to you and your Authorized Users and is
not transferable or assignable to any other person or entity. You may permit multiple
workstations to access the Services, but only by Authorized Users. Authorized Users
shall be members or affiliates of your organization who are established by reasonable
security measures developed by Luisdelrosal.com, such as: User ID, “cookies”, IP address,
referring URL, or library card number. User access to the Services utilizing these
security measures shall be maintained by you to prevent unauthorized access to the
Services.
It is your responsibility to ensure that all use of the Services, including, without
limitation, use by Authorized Users, is strictly in compliance with the terms of the
Agreement. You acknowledge and agree that home access to the Site via a private
computer is only permitted by an individual utilizing his or her password, for personal,
non-commercial use. You shall not permit utilization of the Site by another institution or
entity. Use of your password by another institution or entity is strictly forbidden and may
result in immediate termination of this Agreement. You represent and warrant that the
data included in the Connection Form is true and accurate as of the date your access to
the Services is activated by Luisdelrosal.com and that you promptly shall inform Luisdelrosal.com
in the event that any data included in the Connection Form needs to be updated or
changed.
Title to, ownership of, and all proprietary rights in and to the content contained on the
Site are reserved to and will at all times remain with Luisdelrosal.com and its licensors. You
shall have only those limited license rights with respect to the Site expressly granted to
you in this Agreement. All rights not expressly granted herein are reserved to Luisdelrosal.com and its licensors.
Luisdelrosal.com is not responsible for providing, maintaining and updating all access lines,
telephones and computer equipment, including software, modems and/or other
peripheral access devices, required for your access to the site.
3. Access to the Site.
By accessing, browsing and/or using the Site, you acknowledge that you have read,
understood and agreed to be bound by these terms and conditions of use, including the
Agreement and Additional Terms and to comply with all applicable U.S. laws and
regulations. If you do not or cannot agree to the Terms, please do not use the Site or
any of the services offered through the Site. Such updates, revisions, supplements,
modifications and additional rules, polices, terms and conditions will be effective
immediately and incorporated into these Terms upon notice thereof, which may be
given by any reasonable means including by posting to the Site. Your continued viewing
© 2023 Luisdelrosal.com. All rights reserved.
Or use of the Site following such notice will be deemed to conclusively indicate your
acceptance of any and all such Additional Terms.
Remote Access. Only Authorized Users are permitted to access the Services remotely.
4. Charges and Payment.
Unless otherwise agreed, all charges you incur for use of the Site will be charged to the
credit card number provided by you at the time of purchase or as otherwise stated in
this Section 4. If Luisdelrosal.com does not receive payment from the card issuer, you
agree to pay Luisdelrosal.com all amounts due upon demand. Luisdelrosal.com may
take commercially reasonable actions to validate your credit card. If you did not provide
a credit card, you shall pay to Luisdelrosal.com or Luisdelrosal.com’s designee, as appropriate, all
invoiced fees and charges due under the Agreement within thirty (30) calendar days of
your receipt of an invoice. You agree to pay all attorney and collection fees arising from
Luisdelrosal.com efforts to collect any past due amounts from you to the extent
allowed by law.
5. Term and Termination.
The term of your subscription shall commence on Luisdelrosal.com’s acceptance of your
registration and shall renew automatically for successive additional terms of one (1)
year each upon Luisdelrosal.com’s receipt from you and acceptance of a valid purchase
order or other form of payment approved by Luisdelrosal.com to extend the term of this
Agreement. If no valid payment is received and/or accepted by Luisdelrosal.com prior to the
expiration of the then-current term, this Agreement will automatically terminate at the
end after expiration of the time period for the subscription plan.
You may only terminate your subscription by contracting calling us. You will not receive any refund of the
subscription fee paid to Luisdelrosal.com.
Luisdelrosal.com may terminate your subscription at any time for any or no reason.
If Luisdelrosal.com terminates your subscription (other than for: a) your breach of this Agreement or
the Luisdelrosal.com Acceptable Use Policy or b) Your use of the Site in a manner which is
disruptive, causes a malfunction of the Site, violates the intellectual property or privacy
or publicity rights of Luisdelrosal.com or a third party, or violates any other applicable laws
and regulations), Luisdelrosal.com shall refund to you, at Luisdelrosal.com’s option, either the full
subscription fee you paid to Luisdelrosal.com for your then current term or a pro rated portion
of the subscription fee you paid to Luisdelrosal.com for the unexpired portion of the term of
your subscription. On the effective date of termination, all rights granted to you under
the Agreement terminate immediately. Those sections of the Agreement that should by
their nature survive termination or expiration of the Agreement shall survive such
termination or expiration.
© 2020 Luisdelrosal.com. All rights reserved.
Upon your subscription expiration, or termination as defined in this Section 5, you will no
longer have the right to use, distribute, transmit, share, communicate, or publicly display
any content found within the databases.
6. Changes and Notifications.
Luisdelrosal.com may, at any time, change the Site, the Site’s privacy policy,
subscription plan charges, payment procedures or other terms of this agreement.
Changes to the subscription plan charges, payment procedures, terms and conditions,
and the Site will be provided to you in an email, through your educational consultant, or
by utilizing any other reasonable means. Changes to subscription charges will be
effective at the end of your current subscription term.
If you find any change Luisdelrosal.com makes to be unacceptable, you may
terminate your subscription to the Site in accordance with this Agreement. Your use of
the Site after the effective date of a change constitutes your continued acceptance of
the site Agreement and the Site, as changed.
7. Usage Obligations.
The Site contains copyrighted animations, photographs, images, maps, charts,
illustrations, videos, bubble views, text, music, sounds and other intellectual property of
Luisdelrosal.com and third party suppliers (“Content”). All rights, title and interest in
and to the Content, including all applicable copyrights, trade secrets, patents and other
intellectual property rights, are and shall remain vested in Luisdelrosal.com and its
suppliers.
Except to the extent expressly provided in this Agreement or as permitted under the
U.S. Copyright Act of 1976, as amended, you agree that you will not:
- a. Copy, use or download Content except to the extent permitted by the features of
the Site - b. Reproduce and/or distribute Content except for educational, noncommercial or
personal uses only provided that no changes or deletions are made to the
Content, author attributions or proprietary notices in the Content - c. Decompile, reverse engineer, disassemble, or otherwise reduce the Content to a
machine or human readable form - d. Reproduce the Content in any other medium or on any other server or location
for further reproduction or redistribution. Sublicense, lease or otherwise remarket
or distribute by any means now or hereafter any portion of content to the Site.
© 2020 Luisdelrosal.com. All rights reserved.
8. Acceptable Use of the Site.
In order to use the Site, you must obtain access to the Luisdelrosal.com directly or
through devices that access Web-based content and pay any and all service fees
associated with such access.
a. Individual Use.
You agree that you are only authorized to visit, view and to retain a single copy of
pages of the Site for your own internal use and not on behalf of any other person
or entities, and that you will not duplicate, download, publish, modify or otherwise
distribute any material on the Site for any purpose other than for your own
internal use unless otherwise specifically authorized by Luisdelrosal.com in this
Agreement or in writing. We post legal notices and various credits on pages of
the Site, which may not be removed even from your permitted copies. Please do
not remove these notices or credits, or any additional information contained
along with the notices and credits.
You further agree:
- i. Not to publish, post, or otherwise distribute the login ID and password that
has been established for use with your individual subscription(s) to Luisdelrosal.com - ii. To notify the Site’s Customer Service Department promptly if you suspect
unauthorized use of the Site. - iii. That you are responsible for the results obtained, and conclusions drawn,
from your use of the Site. - iv. To comply with all applicable laws, regulations, or conventions in using the
Site, including, but not limited to, those related to child pornography,
gambling or gaming, obscenity, intellectual property rights, data privacy,
import/export of data and taxes, or misleading or deceptive conduct. - v. That you are not a specifically designated individual or entity under any
U.S. (or other) embargo or otherwise the subject, either directly or
indirectly, to any order issued by any agency of the U.S. Government (or
any other government) limited barring, revoking or denying, in whole or in
part, your export privileges and that you will notify Luisdelrosal.com
immediately in the event that you become subject to any such order. - vi. And, not to export or re-export the Content, directly or indirectly, to any
countries that are subject to USA export restrictions.
b. Deep Links; Linking.
You agree not to “deep-link” to the Site, meaning that you will not create, post,
display, publish or distribute any link to any page other than the front (home)
page of the Site for any purpose, unless you are an Authorized User.
c. Framing.
You agree not to create any frames at any other Web site(s) pertaining to or
using any of the Content for any purpose, unless specifically authorized by Luisdelrosal.com in writing to do so.
d. Security, Cracking and Hacking.
You are prohibited from violating or attempting to violate the security of the Site.
Accordingly, you agree not to:
- Access data or materials not intended for you.
- Log into a server or account which you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network or
service to any user, host or network, including without limitation, by means
of submitting a virus to the Site, overloading, “flooding,” “mailbombing” or
“crashing” the Site.
Violations of system or network security may result in civil or criminal liability.
World Book reserves the right to investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who have participated in such violations. You understand that
data and communications, including e-mail and other electronic communications,
may be accessed by unauthorized third parties when communicated over the
Internet.
e. You Are Responsible for All of Your Activities and All of The Content You
Post.
You represent and warrant that any information you post or provide to
Luisdelrosal.com by means of the Site, including, without limitation, as part of any registration
or subscription or to gain access to or use any services offered on the Site, is
truthful, accurate, not misleading and offered in good faith. Any information
disclosed to you via the Site including, without limitation, any Content, products
or configuration recommendations or product specifications, are not offered with
any warranty or representation as to accuracy, performance or suitability for your
intended purpose or compliance with applicable law. Luisdelrosal.com expects that
you will exercise caution, best product development practices, best
manufacturing practices and engineering oversight in using information supplied
through the Site. You agree NOT to use the Site for or in connection with any of
the following activities:
- Transmitting or relaying spam, spoofing or otherwise impersonating any
person or entity, or falsely stating or otherwise misrepresenting your
identity or affiliation in any way. - Using the Site for any tortious, fraudulent or illegal purpose.
- E-mailing, uploading, or otherwise transmitting or using the Site in
furtherance of the use, distribution or transmission of any unlawful,
harassing, defamatory, tortious, libelous, sexually explicit, obscene,
hateful, racially, ethnically or otherwise objectionable material of any kind,
including any materials that promote violence or assist in causing or
carrying out such violence or materials that holds World Book or its
employees, officers, directors, shareholders, affiliates or the Site up to
public scorn or ridicule. - Transmitting material that contains viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines or engines
that are intended to damage, destroy, disrupt or otherwise impair a
computer’s functionality or the operation of the Site.
f. Do Not Violate Third-Party Intellectual Property Rights.
Without limiting the foregoing, you may not, and by using the Site you agree not
to, use the Site to:
- Transmit or post material that is copyrighted, unless you are the copyright
owner or have obtained the permission of the copyright owner to transmit
it. - Transmit or post material that reveals trade secrets, unless you own them
or have the permission of the owner to so transmit them. - Transmit or post material that infringes on any Intellectual Property Rights
(as defined below) of others or violates the privacy or rights of publicity of
others.
For purposes of these Terms, the term “Intellectual Property Rights” means
collectively, rights under patent, trademark, copyright and trade secret laws, and
any other intellectual property or proprietary rights recognized in any country or
jurisdiction worldwide, including, without limitation, moral rights and similar rights.
To the extent that the Site contains links to other web sites or resources
(“ThirdParty Materials”), your use of such Third-Party Materials shall be governed by
any terms and conditions specific to those Third-Party Materials, in addition to
this Agreement. The proprietors of such Third-Party Materials may provide
technical support of such Third-Party Materials, restrict the use of such
ThirdParty Materials or limit the availability of such Third-Party Materials for any
reason. World Book shall not be liable for any Third-Party Materials.
g. Ownership.
Luisdelrosal.com will place content on the Site for you to examine from time to time.
Moreover, World Book attempts to display the Content in a way that will be easily
accessible and useful for you, the user. All Content and materials on the Site
including, without limitation, text, graphics, logos, button icons, images, audio clips
and software included in the Site and any services offered on the Site, are
the property of Luisdelrosal.com, its sponsors or business affiliates, and/or their
respective licensors, and are subject to U.S. and international copyright,
trademarks and other proprietary rights and Intellectual Property Rights laws.
The compilation of all Content on the Site is the exclusive property of Luisdelrosal.com
and is protected by U.S. and international copyright laws. All software used on
the Site is the property of World Book or its licensors and is subject to U.S. and
international copyright laws and made available subject to the applicable
enduser agreement, or, if none, the terms of this Agreement that refer to Content.
Except to the minimum extent otherwise expressly permitted under copyright law,
no copying or exploitation of material from the Site is permitted except expressly
in accordance with these Terms or with the express written permission of World
Book and any other applicable copyright owner. You acknowledge that you do
not acquire any ownership rights by virtue of downloading copyrighted material
from the Site. All rights not expressly granted hereunder are expressly reserved
to Luisdelrosal.com.
h. Social Features.
You agree that the content sent through email or otherwise posted on public
areas of the site (“Social Features””) is not endorsed by, and shall not be
considered review, screened or approved by, Luisdelrosal.com or any party on their
behalf. However, Luisdelrosal.com reserves the right for any reason to remove any
such content and to restrict or deny, in its sole discretion, any user access
Forums without notice.
i. Spidering.
The use of any tools, programs, robotic algorithms or products to automatically
download or “spider” the Site or any of the pages of the site infringes on world
book’s and/or its licensors’ copyrights. Do not use any such tools or products on
or in connection with the Site.
j. Site Availability.
The Site is generally available seven (7) days a week, However, Luisdelrosal.com
may, at any time, without notice or liability, restrict the use of the Site or limit its
availability in order to perform maintenance, update the Content or features, or
for any other reasons World Book deems appropriate.
9. Children’s Privacy.
Minors and Children under 16.
If you are under the age of 16 please obtain permission from your parents/legal
guardian or the school/library before using the Services.
If World Book discovers that has received a minor’s or a child’s personal information,
without proper consent, Luisdelrosal.com will delete it from our systems.
Luisdelrosal.com does not knowingly solicit or collect
data online from, or market online to, minors or children under the age of 16.
CHILDREN UNDER THE AGE OF 13.
The Children’s Online Privacy Protection Act of 1998 and its rules (collectively,
“COPPA”) require us to inform parents and legal guardians (as used in this section,
“parents”) about our practices for collecting, using, and disclosing personal information
from children under the age of 13 (“children”). It also requires us to obtain verifiable
consent from a child’s parent for certain collection, use, and disclosure of the child’s
personal information.
This Section notifies parents of:
- The types of information we may collect from children.
- How we use the information we collect.
- Our practices for disclosing that information.
- Our practices for notifying and obtaining parents’ consent when we collect
personal information from children, including how a parent may revoke consent. - All operators that collect or maintain information from children through this Site.
Only the other provisions of this Privacy Policy applies to teens and adults.
Information We Collect from Children
Often Children are on the Site as the result of a Business Subscription between
Luisdelrosal.com and the child?s School or Library. Children can access many parts of the Site and
its content and use many of its features without providing us with personal information.
However, some content and features require us to collect certain information, including
personal information, from them. In addition, we use certain technologies, such as
cookies, to automatically collect information from our users (including children) when
they visit or use the Site.
We only collect as much information about a child as is reasonably necessary for the
child to participate in an activity, and we do not condition his or her participation on the
disclosure of more personal information than is reasonably necessary.
Information We Collect Directly.
A child must provide us with the following information
to create a personal Account on our Site: name (not required to be a full
name), a username, password, and security question and answer that a user can use to
reset a password should it be forgotten.
We enable authorized users to communicate with others on or through the Site by
posting to public areas of the Site. The nature of these Social Features allows children
to disclose personal information about themselves. We do not monitor or review this
content before it is posted, and we do not control the actions of third parties with whom
your child shares his or her information. We encourage parents to educate their children
about safe internet use and to monitor their children’s use of social features.
Automatic Information Collection and Tracking. We use technology to automatically
collect information from our users, including children, when they access and navigate
through the Site and use certain features. The information we collect through these
technologies may include:
- Cookies, including those provided by Google Analytics,
- Web beacons, or
- Internet Protocol (IP) Address and other connection information that identifies a
device’s location (geolocation information)
How We Use Your Child’s Information
We use the personal information we collect from your child to:
- register him or her with the Site;
- allow him or her to create a personalized account to save
information; - track his or her performance in games or other activities;
- retain progress on digital assessments.
We use the information we collect automatically through technology (see Automatic
Information Collection and Tracking) and other non-personal information we collect to
improve our Site and Service and to deliver a better and more personalized experience
by enabling us to: Store information about the child’s preferences, progress and
performance, allowing us to customize the content according to individual interests.
Our Practices for Disclosing Children’s Information
We do not share, sell, rent, or transfer children’s personal information other than as
described in this section.
We may disclose aggregated information about many of our users:
- To third parties we use to support the internal operations of our Site and who are
bound by contractual or other obligations to use the information only for such
purpose and to keep the information confidential. - If we are required to do so by law or legal process, such as to comply with any
court order or subpoena or to respond to any government or regulatory request. - If we believe disclosure is necessary or appropriate to protect the rights,
property, or safety of Luisdelrosal.com, our customers or others, including to:
1. protect the safety of a child;
2. protect the safety and security of the Site; or
3. enable us to take precautions against liability. - To law enforcement agencies or for an investigation related to public safety.
Accessing and Correcting Your Child’s Personal Information
At any time, you may review the child’s personal information maintained by us, require
us to correct or delete the personal information, and/or refuse to permit us from further
collecting or using the child’s information.
You can review, change, or delete your child’s personal information by contracting us. To protect your privacy and
security, we may require you to take certain steps or provide additional
information to verify your identity before we provide any information or make
corrections.
10. Warranty Disclaimer.
The Content, services, information and access to the Site are provided “as is” and
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Luisdelrosal.com
DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR
FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED,
DISCONTINUED OR ERROR-FREE. Luisdelrosal.com DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
Luisdelrosal.com EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE
ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES
OR MERCHANDISE FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM
THE SITE. Luisdelrosal.com CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL
CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES
Luisdelrosal.com MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE
SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO
THIRD-PARTY SITES.
Some jurisdictions do not allow the exclusion of implied warranties or conditions.
Therefore, the above may not apply to you. In such jurisdictions, all such warranties and
conditions are excluded and disclaimed to the full extent permitted by the law.
11. Limitation of Liability.
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
INCLUDING, WITHOUT LIMITATION, Luisdelrosal.com’S, ITS AFFILIATES,
LICENSORS, OR CONTRACTORS NEGLIGENCE, SHALL Luisdelrosal.com ITS
AFFILIATES, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES
INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE,
CONSEQUENTIAL, EXEMPLARY AND OR INCIDENTAL DAMAGES THAT RESULT
FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY
RELATED SOFTWARE, EVEN IF Luisdelrosal.com OR AN AUTHORIZED Luisdelrosal.com
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS,
IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION,
SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT
JURISDICTION, IN NO EVENT SHALL Luisdelrosal.com’S TOTAL LIABILITY TO YOU,
OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES,
CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT,
NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100).
FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS Luisdelrosal.com
AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND
AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR
ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF
THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL
PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
12. Indemnification.
You agree to indemnify, defend and hold harmless Luisdelrosal.com (including but not limited
to any subsidiaries or affiliates and licensors) from and against any claims or demands,
damages, liabilities, costs, charges and expenses, including reasonable attorney’s fees,
that the indemnities may incur as result of your use of the Site and/or your violation of
any covenant or obligation contained in this Agreement.
13. Miscellaneous.
- This Agreement (together with any additional terms and any attachments hereto)
constitutes the entire agreement between Luisdelrosal.com and you, and supersedes
all previous written and oral agreements or understandings between the parties
with respect to the Services and the Site. - Subject to the terms of this Agreement, any information exchanged between you
and Luisdelrosal.com while you are using the Site is not confidential and shall in no
way create a confidential relationship. - Any terms varying from or adding to this Agreement in any communication from
you are void unless expressly agreed to in writing by Luisdelrosal.com. - Nothing contained in this Agreement will be construed to prevent Luisdelrosal.com
from complying with law enforcement requests or requirements relating to your
use of the Site or information provided to or gathered by Luisdelrosal.com with respect
to such use.
14. Governing Law and Arbitration.
The laws of the State of Illinois (excluding any principles of conflicts of laws) govern
your use of the Site, the services and these Terms. You agree that the parties shall
settle any claim or dispute relating to these Terms by binding arbitration in Chicago,
Illinois under the Commercial Arbitration Rules of the American Arbitration Association.
To the fullest extent permitted by applicable law, no arbitration under these Terms shall
be joined to an arbitration involving any other party subject to these Terms, whether
through class arbitration proceedings or otherwise. Notwithstanding the dispute
resolution requirements set forth above, for any injunctive relief relating to your access
to, or use of, the Site including, without limitation, related services, you agree and
hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal
courts located in Cook County, Illinois, U.S.A.
15. Waiver and Severability.
Furthermore, no delay or omission by Luisdelrosal.com to exercise any right or any
noncompliance on your part with respect to the Terms shall impair any such right or be
construed to be a waiver by Luisdelrosal.com. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid or unenforceable in whole or in part, such
provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or enforceability thereof in
any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided,
however, if such invalid or unenforceable provision may be modified so as to be valid
and enforceable as a matter of law, such provision will be deemed to have been
modified so as to be valid and enforceable to the maximum extent permitted by law.