Terms and Conditions
Last edited: March 6, 2024
Introduction
The websitelocated at [https://www.itconsultingrr.com/] (the “Site”) is a copyrighted workowned by Negocios Integrales CMJ SA de CV (“We”). Certain features of the Sitemay be subject to additional guidelines, terms or rules, which will be postedon the Site in connection with such features. All such additional terms,guidelines and rules are incorporated by reference into these Terms.
Terms of use
These“Terms” set forth the legally binding terms, conditions and policies governingyour use of the “Site”. By accessing or using the “Site”, you agree to theseTerms and conditions, either on your own behalf or on behalf of the legalentity you represent, accordingly, you represent and warrant that you have theright, authority and capacity to enter into such Terms (on behalf of yourselfor the legal entity you represent). You may not access or use the “Site” oragree to the Terms if you are not at least 18 years of age. If you do not agreeto all of the provisions of these Terms, do not access and/or use the “Site”.
Please notethat the Terms of Use contain provisions on how to resolve disputes between youand “Us”. Among other things, it includes a dispute agreement that requires,with limited exceptions, that all disputes between you and “Us” be resolved byjudicial litigation before the Courts of Mexico City, who will resolve themaccording to law. Also, a waiver of jurisdiction other than as contemplatedherein is contemplated.
UNLESS YOUCHOOSE NOT TO PARTICIPATE IN THE LITIGATION WITHIN 30 CALENDAR DAYS: (1) youwill only be permitted to resolve disputes or claims and seek to settle with“Us” individually, not as a plaintiff or class member in any class orrepresentative action or proceeding, waiving your right to participate in aclass action or class arbitration other than as contemplated herein; and (2)you waive your right to resolve disputes or claims and seek to settle in acourt of law.
Accounts. Account Creation.
In order touse certain features of the “Site,” you must register for an account(“Account”) and provide certain information about yourself as prompted by the“Account” registration form. You represent and warrant that: (a) all requiredregistration information you submit is truthful and accurate; (b) you willmaintain the accuracy of such information. You may delete your “Account” at anytime, for any reason, by following the instructions on the Site. “We”, have thepower to suspend or terminate your “Account” in accordance with the contentshereof.
Account” Responsibilities.
You areresponsible for maintaining the confidentiality of your “Account” logininformation and are fully responsible for all activities that occur under your“Account”. You agree to immediately notify the Company of any unauthorized orsuspicious use of your “Account” or any other suspicious use of your “Account”or any other breach of security. The Company will not be liable for any loss ordamage arising from your failure to comply with the above requirements.
Accessto the Site.
The Licenseis subject to the terms of the Company granting you a limited,non-transferable, non-exclusive, revocable license to use and access the Sitesolely for your personal, non-commercial use.
Certain Restrictions.
The rightsgranted in these Terms are subject to the following restrictions: (a) you maynot license, sell, rent, lease, transfer, assign, distribute, host orcommercially exploit the Site, either in whole or in part, or any contentdisplayed on the Site; (b) you may not modify, create derivative works,disassemble, compile or reverse engineer any portion of the Site; (c) you maynot access the Site for the purpose of constructing a similar or competitiveweb site, product or service; and (d) except as expressly stated herein, nopart of the Site may be copied, reproduced, distributed, republished,downloaded, displayed, posted or transmitted in any form or by any means.Unless otherwise stated, any future versions, updates or additions to thefunctionality of the Site shall be subject to these Terms. All copyright andother proprietary and other industry and other proprietary notices on the Site(or on any content displayed on the Site) must be retained on all copies of theSite.
Modification.
The Companyreserves the right at any time to modify, suspend or discontinue the Site(either in whole or in part) with or without notice. You agree that the Companyshall not be liable to you or to any third party for any modification,suspension or discontinuance of the Site or any part thereof.
No Supportor Maintenance.
Youacknowledge and agree that the Company shall have no obligation to provide youwith any support or maintenance in connection with the Site.
Ownership.
Excludingany User Content you may provide; you acknowledge that all intellectualproperty rights, including copyrights, patents, trademarks and trade secrets,in the Site and its content are owned by the Company or the Company'ssuppliers. Neither the Terms contained herein nor your access to the Sitetransfers to you or any third party any right, title or interest in suchintellectual property rights, except for the limited access rights expresslyset forth herein. The Company and its suppliers reserve all rights not grantedin these Terms. No implied licenses are granted under these Terms.
Feedback.
If youprovide the Company with any comments or suggestions about the Site(“Comments”), you hereby assign to the Company all rights in such Comments andagree that the Company shall have the right to use and fully exploit such“Comments” and related information in any manner it deems appropriate. TheCompany will treat any “Comments” you provide to the Company asnon-confidential and non-proprietary. You agree that you will not send theCompany any information or ideas that you consider confidential or proprietary.
Please notethat, in compliance with the Federal Copyright Law, the Federal Law for theProtection of Industrial Property, the Commercial Code and the Federal or LocalCriminal Code in force in the Republic of Mexico, any representation of amaterial fact (misrepresentations) in a written notice automatically subjectsthe complaining party to liability for any damages, costs and attorneys' feesincurred by either party in connection with the written notice and theallegation of copyright infringement.
TheDesignated Copyright Agent for the Company is: Negocios Integrales CMJ S.A. deC.V.
Designated Agent: Negocios Integrales and/or NegociosIntegrales CMJ S.A. de C.V.
Address: Avenida Río San Joaquín 498, Piso 2 Suite 205Oficina 26, Colonia Ampliación Granada, Alcaldía Miguel Hidalgo, Mexico City,United Mexican States.
E-mail:admin@itconsultingrr.com
General Changes.
These Termsare subject to revision from time to time, and if “We” make material changes,we may notify you by sending an e-mail to the last e-mail address you providedto us (if any), and/or by prominently posting notice of the changes on ourSite. You are responsible for providing us with your most current e-mailaddress. In the event that the last e-mail address you provided to us is notvalid, or for any reason is not capable of delivering to you the noticedescribed above, the sending of the e-mail containing such notice will stillconstitute effective notice of the changes described in the notice. Yourcontinued use of our Site following notice of such changes will indicate youracknowledgment of such changes and your agreement to be bound by the terms andconditions of such changes.
Dispute Resolution.
Please readcarefully the following arbitration agreement in this Section (the “Prejudicialand/or Judicial Settlement”). It requires you to settle disputes with theCompany, its parents, subsidiaries, affiliates, successors and assigns and allof their respective officers, directors, employees, agents and representatives(collectively, the “Company Parties”) and limits the manner in which you mayseek relief from the Company Parties.
Applicabilityof “Prejudicial and/or Judicial Settlement”. You agree that any dispute betweenyou and any of the Company Parties relating in any way to the Site, theservices offered on the Site (the “Services”) or these Terms will be resolvedby “Prejudicial and Judicial Conciliation”. Translated with DeepL.com (freeversion)
Informal Dispute Resolution.
There maybe times when a “Dispute” arises between you and the Company. If that occurs,the Company is committed to working with you to reach a reasonable resolution.You and the Company agree that good faith informal efforts to resolve“Disputes” can assist in a quick, low-cost and mutually beneficial resolution.Therefore, you and the Company agree that before either party initiates a“Prejudicial and Judicial Settlement” against the other, we will meet in personand communicate by telephone or videoconference in a good faith effort toinformally resolve any “Dispute”. If you are represented by an attorney, yourattorney may participate in the conference, but you will also participate inthe conference.
The partyinitiating a “Dispute” must notify the other party in writing of its intent toinitiate an Informal Dispute Resolution Conference (“Notice”), which must occurwithin 45 calendar days after the other party receives such “Notice,” unlessthe parties mutually agree to an extension. Notice” to the Company that youintend to initiate an Informal Dispute Resolution Conference must be sent byemail to: admin@itconsultingrr.com, or by regular mail to Avenida Río SanJoaquín 498, Piso 2 Suite 205 Oficina 26, Colonia Ampliación Granada, AlcaldíaMiguel Hidalgo, in Mexico City, United Mexican States. The “Notice” mustinclude: (1) your name, telephone number, mailing address, email addressassociated with your account (if any); (2) the name, telephone number, mailingaddress and email address of your attorney, if any; and (3) a description ofyour Dispute.
TheInformal Dispute Resolution Conference will be individualized so that aseparate conference must be held each time a party initiates a “Dispute,” evenif the same law firm or group of law firms represents multiple users in similarcases, unless all parties agree; multiple individuals initiating a “Dispute”may not participate in the same Informal Dispute Resolution Conference unlessall parties agree. In the time between a party's receipt of the “Notice” andthe Informal Dispute Resolution Conference, nothing in this ArbitrationAgreement shall prohibit the parties from engaging in informal communicationsto resolve the “Dispute” initiated by the requesting party. Participating inthe Informal Dispute Resolution Conference is a condition precedent and arequirement that must be met prior to initiating a “Pre-Judicial and/orJudicial Conciliation” proceeding. The statute of limitations and deadlines forpaying filing fees will be suspended while the parties participate in theInformal Dispute Resolution Conference process required by this section.
Prejudicialand/or Judicial Settlement” Rules and Forum.
These Termsevidence a transaction involving interstate commerce; and notwithstanding anyother provision herein with respect to applicable substantive law, which may bethe Federal Copyright Law, the Federal Law for the Protection of IndustrialProperty, the Commercial Code and the Federal or Local Criminal Code in forcein the Mexican Republic, shall govern the interpretation and enforcement of theSettlement in any of its areas and any other proceedings. If the InformalDispute Resolution Process described above is not satisfactorily resolvedwithin 60 days after receipt of your Notice, you and the Company agree thateither party shall have the right to finally resolve the “Dispute” through ajudicial proceeding before the competent authorities.
If theparty requesting settlement is represented by an attorney, the Request mustalso include the attorney's name, telephone number, mailing address and e-mailaddress. Such attorney must also sign the Request. By signing the Application,the attorney certifies, to the best of the attorney's knowledge, informationand belief, formed after reasonable inquiry into the circumstances, that: (1)the Request is not submitted for any improper purpose, such as to harass, causeunnecessary delay or unnecessarily increase the cost of dispute resolution; (2)the claims, defenses and other legal contentions are justified by existing lawor by a non-frivolous argument to extend, modify or reverse existing law or toestablish new law; and (3) the factual and damages contentions have evidentiarysupport or, if specifically identified, will likely have evidentiary supportafter a reasonable opportunity for further investigation or discovery.
You and theCompany agree that all materials and documents exchanged during the settlementproceeding will be kept confidential and will not be shared with anyone exceptthe parties' attorneys, accountants or business advisors, and then subject tothe condition that you agree to keep all materials and documents exchangedduring the arbitration proceeding confidential.
Attorneys'Fees and Costs.
The partiesshall bear their own attorneys' fees and costs in the conciliation proceeding,except that in the event of a court proceeding, the parties may request paymentof costs and expenses and a judgment may be entered thereon.
Locationof Forum.
Unlessotherwise agreed with the Company in writing, the “Pre-judicial and JudicialConciliation” proceeding shall be conducted before the administrative orjudicial authorities located in Mexico City.
Miscellaneous Provisions.
ThisAgreement, together with the Terms of Use, the Additional Terms (asapplicable), and any Modifications, constitute the entire agreement between youand the Company with respect to your use of this Site and the Services andsupersedes any prior or contemporaneous agreements between you and the Companywith respect to your use of this Site and the Services. Citations and sectionheadings in this Agreement are included for convenience only and shall have nolegal or contractual effect. Our failure to enforce any provision of thisAgreement shall not be deemed a waiver of our rights under this Agreement orany provision hereof. If any provision of this Agreement shall be deemedunlawful, void or for any reason unenforceable, then that provision shall bedeemed severable from this Agreement and shall not affect the validity andenforceability of any remaining provisions. Neither this Agreement nor therights and licenses granted in this Agreement may be assigned without the priorwritten consent of the Company. This Agreement and the rights and licensesgranted in this Agreement may be assigned by the Company without restriction.Nothing in this Agreement is for the benefit of any third party other than youand the Company and no third party beneficiary rights are granted. You and theCompany agree that any dispute between you and the Company relating in any wayto these Terms, your use of the Site, the Services or any other related disputeshall be brought solely before the administrative or judicial authoritiessitting in Mexico City and you consent to the personal and exclusivejurisdiction of such courts and waive any objection to forum convenience or anyother court, forum or competent jurisdiction.
Since thisis a legal document about the terms of service of a website, the user mustaccept it in order to use the site.