Last Updated: September 30, 2024
These terms and conditions ("Agreement") outline the general terms and conditions of your use of the website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and CONPRMETIDOS, CORP. d/b/a El Comeback ("El Comeback", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and El Comeback, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
- Accounts
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement, you warrant and represent that you are at least 18 years of age. If you create an account on the Website or through El Comeback third parties’ providers, affiliates, officers, directors, agents, co-branders and/or partners, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages incurred as a result of such acts or omissions.
- Accuracy of Information
Occasionally, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel requests if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
- Advertisements
During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
- Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some links may be "affiliate links." This means if you click on the link and purchase an item, El Comeback will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
- Assignment
You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of our assets or stock or as part of a merger.
- Disclaimer of Warranty
You agree that the Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
- Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Puerto Rico without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Puerto Rico. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Puerto Rico, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- Indemnification
You agree to indemnify and hold El Comeback and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services, or any willful misconduct on your part.
- Intellectual Property Rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by El Comeback or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with El Comeback. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of El Comeback or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of El Comeback or third-party trademarks.
- Limitation of Liability
To the fullest extent permitted by applicable law, in no event will El Comeback, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of El Comeback and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to El Comeback for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
- Prohibited Uses
You agree not to use the Website and Services for any of the following prohibited activities:
(a) For any unlawful purpose. (b) To solicit others to perform or participate in unlawful acts. (c) To violate any international, federal, provincial, state, or local laws and regulations. (d) To infringe upon or violate our or any third party’s intellectual property rights. (e) To harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. (f) To submit false or misleading information. (g) To upload or transmit viruses or any other type of malicious code that may affect the functionality of the Website, Services, or third-party systems. (h) To spam, phish, pharm, pretext, spider, crawl, or scrape. (i) For any obscene or immoral purpose. (j) To interfere with or circumvent the security features of the Website, Services, or third-party systems.
We reserve the right to terminate your access to the Website and Services if you violate any of these prohibitions.
- Monitoring and Enforcement; Termination
El Comeback reserves the right to monitor the use of our Website and Services to ensure compliance with these Terms of Use and to enforce them. We may take appropriate actions, including but not limited to, investigating potential violations, issuing warnings, suspending or terminating access to our Website and Services, or seeking legal remedies. If we determine, at our sole discretion, that a User has violated these Terms or engaged in behavior that we consider harmful to our Website, Services, or other users, we may terminate the User's access immediately without prior notice.
- Compliance with Legal and Regulatory Requirements
Users of the Website and Services are responsible for complying with all applicable laws, regulations, and legal requirements. This includes, but is not limited to, compliance with the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the California Privacy Protection Agency (CPRA), and the Children's Online Privacy Protection Act (COPA). We are committed to adhering to these laws and ensuring that our practices are in full compliance. Users agree to cooperate with us to ensure adherence to these legal obligations and to notify us promptly of any concerns related to legal or regulatory compliance.
- Notice of Infringing Content
If you believe that any content on our Website or Services infringes upon your intellectual property rights or other rights, please notify us immediately. To report infringing content, provide us with a written notice that includes: (i) a description of the content you believe is infringing; (ii) your contact information; (iii) a statement that you have a good faith belief that the content is infringing; (iv) a statement that the information provided is accurate and that you are authorized to act on behalf of the owner of the rights allegedly infringed; and (v) a physical or electronic signature of the rights owner or authorized representative. We will investigate and address such notices in accordance with applicable laws and our policies.
- Entire Agreement and Acceptance of These Terms
These Terms of Use constitute the entire agreement between you ("User", "you", or "your") and El Comeback regarding your use of the Website and Services and supersede any prior agreements, understandings, or communications, whether written or oral, related to the subject matter of these Terms. Any modifications or additions to these Terms must be made in writing and agreed upon by both parties. By continuing to use the Website and Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree to these terms, you are not authorized to use the Website or Services.
- Severability
If any provision of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The parties agree that any invalid or unenforceable provision will be replaced by a valid provision that most closely reflects the original intent.
- Changes and Amendments
We reserve the right to modify this Agreement at any time. Any changes will be effective upon posting the updated version of this Agreement on the Website. Continued use of the Website and Services after any changes constitutes your acceptance of the new terms.
- Contacting Us
For any questions about this Agreement or other matters, please contact us at:
CONPRMETIDOS, CORP. d/b/a El Comeback
1250 Ave Ponce de Leon Ste 301 PMB 0327
San Juan, PR 00907
Email: info@elcomebackpr.org
Gracias for using El Comeback's services.
