ABRE Puerto Rico Terms of Service
Last Modified: 1 January, 2015
ABRE Puerto Rico is a software product/service that is developed, maintained, and sold by the Center for Integrity and Public Policy (CIPP). The term “ABRE PR” used throughout this documentation is defined as a software product/service that is developed, maintained, and sold by CIPP, and is used interchangeably with the term “CIPP”.
These terms of service (the “Terms”) govern your access to and use of ABRE PR (“we” or “our”) websites and services (the “Services” or “Websites”), so please carefully read them before using the Services. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with ABRE PR and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Disclaimer of Liability and Endorsement ABRE PR makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this site, and expressly disclaims liability for errors and omissions in the contents of this site. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given with respect to the contents of this Web site or its links to other Internet resources.
The information appearing on this Web site is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to consult with your own legal advisor before taking any action based on information appearing on this site or any site to which it may be linked..
Your Responsibilities Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not ABRE PR, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spy-ware or any other malicious software to the Service. You are also responsible for the timely and accurate fulfilment of records requests, and ensuring that no classified, confidential, or illegal information is provided to the Service.
Account Security You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify ABRE PR of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to ABRE PR, it is your responsibility to use a secure network to communicate with the Services.
ABRE PR Property and Feedback These terms do not grant you any right, title, or interest in the Services, Software, or the technological components in the Services. The ABRE PR name and logo as well as all the content provided by ABRE PR, including without limitation the text, reports, pricing information, graphics, data, logos, icons, screens and configurations, photographs, audio and video clips, music and sound, picture images, website architecture, format, layout and data structures, product names, logos, commercial symbols, trade names and slogans are the EXCLUSIVE property of ABRE PR or its licensors (or is a nominative use of trademark) and are protected by United States and international copyright, trademark or other intellectual property laws. All software used is property of ABRE PR or its software suppliers and is also protected by United States and international copyright and/or intellectual property laws. You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms. You do not acquire any ownership rights by printing or downloading any information from ABRE PR. You may print or download information provided by ABRE PR for your personal use only and each such copy or download must include appropriate copyright and/or trademark notices. It is expressly prohibited, however, to reprint or electronically reproduce any text, document, graphic or audio-visual material for bulk or commercial use without prior written consent obtained from ABRE PR. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement (including contract infringement) that may subject You to civil and/or criminal penalties.
Acceptable Use Policy You agree that you will not misuse or attempt to misuse the Services, and that you will use the Services only in a manner consistent with the community standards.
Copyright (Third Party) ABRE PR respects the intellectual property of others and asks that you do, too. We will respond to notices of alleged copyright infringement if the notice complies with the law. We reserve the right to delete or disable content alleged to be infringing and to terminate those who infringe repeatedly. Our designated agent for notice of alleged copyright infringement on the Services is:
ABRE PR, Inc.
709 Calle Estado, Apt 1
San Juan PR 00907
The Services may contain links to third-party websites or resources. ABRE PR does not endorse and is not responsible or liable for third-party website availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
You have the right to terminate our Services any time. We also reserve the right to suspend or end the Services at any time, with or cause. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend use immediately.
ABRE PR is Available “AS-IS”
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ABRE PR will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ABRE PR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ABRE PR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES PAID BY YOU TO ABRE PR FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you ( e.g., via email to the email address associated with your account). Other changes may be posted to our terms page. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY PUERTO RICO LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN JUAN, PUERTO RICO, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
These Terms constitute the entire and exclusive agreement between you and ABRE PR with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. ABRE PR’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but ABRE PR may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. ABRE PR and you are not legal partners or agents; instead, our relationship is that of independent contractors.
If You Send Us Personal Information You do not have to provide any personal information to visit the Web site. If you choose to provide us with personal information, such as by sending a message to an e-mail address on this Web site or by filling out a form and submitting it through our Web site, we will use that information to respond to your message or to fulfill the stated purpose of the communication. All solicitations for information will be made through CIPP and ABRE PR and will not include personal information unless requested.
YOU HEREBY RELEASE AND FOREVER DISCHARGE ABRE PR AND ITS OFFICERS, DIRECTORS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE USE OF THE SERVICES, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF ABRE PR IN PROVIDING THE SERVICES.
IN ANY EVENT, ABRE PR’s LIABILITY TO YOU IS LIMITED TO $100.00.
You agree to defend, indemnify, and hold ABRE PR and its officers, directors, representatives, independent contractors, employees, agents, and affiliates (collectively, the ‘Indemnitees”) harmless for, from and against any loss, costs (including reasonable attorneys fees), claims, actions, demands, causes of action, and other proceedings (collectively the “Claims”) by reason of, in any way relating to, or arising out of: (a) your use of the Services and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of the Services; (c) any content or information uploaded by you or through your account to the Websites, the computer systems running the Websites or otherwise, including any information You provide to ABRE PR; and (d) any violation of these Terms. You agree to reimburse any and all Indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney’s fees and court and filing fees and costs, as result of any Claims. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnities or requires the taking of any action by any of them, without our prior written approval.
Force Majeure and Export Restrictions
ABRE PR will not be liable in any amount for failure to perform under these Terms if such failure is caused by power, Internet or communication outages, fire, flood, earthquakes, tornadoes, hurricanes, wars, acts of God, force majeure, or the occurrence of any other unforeseen contingency or event beyond the control of ABRE PR. If you fail to be able to access the Services because of network congestion or unavailability, you may contact ABRE PR at the email provided below.
United States export laws and regulations restrict the exportation and/or re-exportation through downloading or otherwise into certain embargoed countries. By downloading from the Websites, you are representing that you are not located in any of the prohibited countries. This Services are intended for use by residents of the United States, including the Commonwealth of Puerto Rico.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Services. However, if you are at least 16 years old but not yet 18, you may use the Services in conjunction with your parent or guardian who agrees to these Terms. No one under age 16 may use the Site.
You should note that parental control protections are readily and commercially available that may assist you in limiting access to material on the Websites, external sites or otherwise on the Internet that is harmful to minors.