Terms and Conditions
Last edited: March 6, 2024
Introduction
The website located at [https://www.itconsultingrr.com/] (the “Site”) is a copyrighted work owned by Negocios Integrales CMJ SA de CV (“We”). Certain features of the Site may be subject to additional guidelines, terms or rules, which will be posted on 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 governing your use of the “Site”. By accessing or using the “Site”, you agree to these Terms and conditions, either on your own behalf or on behalf of the legalentity you represent, accordingly, you represent and warrant that you have the right, authority and capacity to enter into such Terms (on behalf of yoursel for the legal entity you represent). You may not access or use the “Site” or agree to the Terms if you are not at least 18 years of age. If you do not agree to all of the provisions of these Terms, do not access and/or use the “Site”.
Please note that the Terms of Use contain provisions on how to resolve disputes between you and “Us”. Among other things, it includes a dispute agreement that requires,with limited exceptions, that all disputes between you and “Us” be resolved by judicial litigation before the Courts of Mexico City, who will resolve them according to law. Also, a waiver of jurisdiction other than as contemplated here in is contemplated.
UNLESS YOUCHOOSE NOT TO PARTICIPATE IN THE LITIGATION WITHIN 30 CALENDAR DAYS: (1) you will 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 or representative action or proceeding, waiving your right to participate in aclass action or class arbitration other than as contemplated here in; 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 required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your “Account” at anytime, for any reason, by following the instructions on the Site. “We”, have the power to suspend or terminate your “Account” in accordance with the contents here of.
“Account” Responsibilities.
You are responsible for maintaining the confidentiality of your “Account” login information and are fully responsible for all activities that occur under your “Account”. You agree to immediately notify the Company of any unauthorized or suspicious 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 or damage arising from your failure to comply with the above requirements.
Access to 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 Sites olely for your personal, non-commercial use.
Certain Restrictions.
The rights granted in these Terms are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, distribute, host or commercially exploit the Site, either in whole or in part, or any content displayed 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 competitive web site, product or service; and (d) except as expressly stated herein, no part 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 the functionality of the Site shall be subject to these Terms. All copyright and other 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 the Site.
Modification.
The Company reserves 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 Company shall not be liable to you or to any third party for any modification,suspension or discontinuance of the Site or any part there of.
No Support or Maintenance.
You acknowledge and agree that the Company shall have no obligation to provide you with any support or maintenance in connection with the Site.
Ownership.
Excluding any User Content you may provide; you acknowledge that all intellectual property rights, including copyrights, patents, trade marks and trade secrets,in the Site and its content are owned by the Company or the Company's suppliers. Neither the Terms contained herein nor your access to the Site transfers to you or any third party any right, title or interest in such intellectual property rights, except for the limited access rights expressly set forth herein. The Company and its suppliers reserve all rights not grantedin these Terms. No implied licenses are granted under these Terms.
Feedback.
If you provide the Company with any comments or suggestions about the Site (“Comments”), you hereby assign to the Company all rights in such Comments and agree that the Company shall have the right to use and fully exploit such “Comments” and related information in any manner it deems appropriate. The Company will treat any “Comments” you provide to the Company as non-confidential and non-proprietary. You agree that you will not send the Company any information or ideas that you consider confidential or proprietary.
Please note that, in compliance with the Federal Copyright Law, the Federal Law for the Protection of Industrial Property, the Commercial Code and the Federal or Local Criminal Code in force in the Republic of Mexico, any representation of a material fact (misrepresentations) in a written notice automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by either party in connection with the written notice and the allegation of copyright infringement.
The Designated Copyright Agent for the Company is: Negocios Integrales CMJ S.A. de C.V.
Designated Agent: Negocios Integrales and/or NegociosIntegrales CMJ S.A. de C.V.
Address: Boulevard Manuel Avila Camacho número 5, Torre B 1045, Colonia Lomas de Sotelo, Código Postal 53390, Alcaldía Naucalpan de Juarez, en Estado de México, United Mexican States.
E-mail:admin@itconsultingrr.com
General Changes.
These Terms are 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 provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. 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 notice described above, the sending of the e-mail containing such notice will still constitute effective notice of the changes described in the notice. Your continued use of our Site following notice of such changes will indicate your acknowledgment of such changes and your agreement to be bound by the terms and conditions of such changes.
Dispute Resolution.
Please read carefully the following arbitration agreement in this Section (the “Prejudicial and/or Judicial Settlement”). It requires you to settle disputes with the Company, its parents, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents and representatives(collectively, the “Company Parties”) and limits the manner in which you may seek relief from the Company Parties.
Applicability of “Prejudicial and/or Judicial Settlement”. You agree that any dispute between you and any of the Company Parties relating in any way to the Site, the services offered on the Site (the “Services”) or these Terms will be resolved by “Prejudicial and Judicial Conciliation”.
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 person and communicate by telephone or videoconference in a good faith effort to informally resolve any “Dispute”. If you are represented by an attorney, your attorney may participate in the conference, but you will also participate in the conference.
The party initiating a “Dispute” must notify the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which must occur within 45 calendar days after the other party receives such “Notice,” unless the parties mutually agree to an extension. Notice” to the Company that you intend to initiate an Informal Dispute Resolution Conference must be sent byemail to: admin@itconsultingrr.com, or by regular mail to Boulevard Manuel Avila Camacho número 5, Torre B 1045, Colonia Lomas de Sotelo, Código Postal 53390, Alcaldía Naucalpan de Juarez, en Estado de México, United Mexican States. The “Notice” must include: (1) your name, telephone number, mailing address, email address associated with your account (if any); (2) the name, telephone number, mailing address and email address of your attorney, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference will be individualized so that aseparate conference must be held each time a party initiates a “Dispute,” even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a “Dispute”may not participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party's receipt of the “Notice” and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the “Dispute” initiated by the requesting party. Participating in the Informal Dispute Resolution Conference is a condition precedent and a requirement that must be met prior to initiating a “Pre-Judicial and/orJudicial Conciliation” proceeding. The statute of limitations and deadlines for paying filing fees will be suspended while the parties participate in the Informal Dispute Resolution Conference process required by this section.
Prejudicial and/or Judicial Settlement” Rules and Forum.
These Terms evidence a transaction involving interstate commerce; and not with standing any other provision here in with respect to applicable substantive law, which may be the Federal Copyright Law, the Federal Law for the Protection of Industrial Property, the Commercial Code and the Federal or Local Criminal Code in forcein the Mexican Republic, shall govern the interpretation and enforcement of the Settlement in any of its areas and any other proceedings. If the Informal Dispute Resolution Process described above is not satisfactorily resolved within 60 days after receipt of your Notice, you and the Company agree that either party shall have the right to finally resolve the “Dispute” through a judicial proceeding before the competent authorities.
If the party requesting settlement is represented by an attorney, the Request must also include the attorney's name, telephone number, mailing address and e-mail address. Such attorney must also sign the Request. By signing the Application,the attorney certifies, to the best of the attorney's knowledge, information and belief, formed after reasonable inquiry into the circumstances, that: (1)the Request is not submitted for any improper purpose, such as to harass, cause unnecessary 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 to establish new law; and (3) the factual and damages contentions have evidentiary support or, if specifically identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
You and the Company agree that all materials and documents exchanged during the settlement proceeding will be kept confidential and will not be shared with anyone except the parties' attorneys, accountants or business advisors, and then subject to the condition that you agree to keep all materials and documents exchanged during the arbitration proceeding confidential.
Attorneys'Fees and Costs.
The parties shall bear their own attorneys' fees and costs in the conciliation proceeding, except that in the event of a court proceeding, the parties may request payment of costs and expenses and a judgment may be entered thereon.
Location of Forum.
Unless otherwise agreed with the Company in writing, the “Pre-judicial and Judicial Conciliation” proceeding shall be conducted before the administrative orjudicial authorities located in Mexico City.
Miscellaneous Provisions.
This Agreement, together with the Terms of Use, the Additional Terms (asapplicable), and any Modifications, constitute the entire agreement between you and the Company with respect to your use of this Site and the Services and supersedes any prior or contemporaneous agreements between you and the Company with respect to your use of this Site and the Services. Citations and section headings in this Agreement are included for convenience only and shall have no legal or contractual effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of our rights under this Agreement or any provision here of. If any provision of this Agreement shall be deemedun lawful, void or for any reason unenforceable, then that provision shall bedeemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Neither this Agreement nor the rights and licenses granted in this Agreement may be assigned without the prior written consent of the Company. This Agreement and the rights and licenses granted 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 you and the Company and no third party beneficiary rights are granted. You and the Company agree that any dispute between you and the Company relating in any way to these Terms, your use of the Site, the Services or any other related dispute shall be brought solely before the administrative or judicial authorities sitting in Mexico City and you consent to the personal and exclusive jurisdiction of such courts and waive any objection to forum convenience or anyother court, forum or competent jurisdiction.
Since this is a legal document about the terms of service of a website, the user must accept it in order to use the site.